Terms of Use
of
Insta Communications GmbH
Münzgrabenstrasse 92/4, 8010 Graz, AUSTRIA
Company No. 438999m, commercial court of registration: LG für ZRS Graz
for use of the
Instahelp Platform (instahelp.me)
Status: [06 / 2024]
Insta Communications GmbH
Münzgrabenstrasse 92/4, 8010 Graz, AUSTRIA
Company No. 438999m, commercial court of registration: LG für ZRS Graz
for use of the
Instahelp Platform (instahelp.me)
Status: [06 / 2024]
1. Contractual Object, Scope of these Terms of Use
1.1 Insta Communications GmbH, Münzgrabenstrasse 92/4, A-8010 Graz (Austria) (hereinafter termed “Instahelp”) offers services (hereinafter “Services”). These Services are delivered online via the “Instahelp” platform (hereinafter “Platform”) at https://instahelp.me, using a corresponding software application as and when necessary.
The Services comprise, amongst other aspects, (i) paid mediation of contact between counselling users of the Platform (hereinafter “Counsellors”) and Platform users seeking counselling (hereinafter “Users”), (ii) provision of appropriate communication channels for Counsellors and Users with a view to digital utilisation of supportive counselling services (such as psychological counselling services or coaching) and, to the extent legally permissible, psychological therapy/treatment, and (iii) provision of online content (e.g. meditation, relaxation techniques, worksheets).
1.2 To use Instahelp Services, it is necessary to register and order at https://instahelp.me. An order is a Users bid to Instahelp to conclude a contract. Following registration and ordering, confirmation of registration and conclusion of contract will be in the form of a confirmatory email sent to the email address given by the User. Only upon confirmation of the included activation link is the process of registration complete. Only when Instahelp confirms (acceptance of the User’s bid) does a contractual relationship arise between Instahelp and the User.
This contractual relationship complies with the provisions of these Terms of Use.
1.3 Counsellors and Users take up contact via an individual user interface with a selection of Counsellors managed by Instahelp in its Partner Network. Digital online counselling sessions can be conducted with these Counsellors.
Counselling by Counsellors on the Platform is always subject to charge. Payment is either directly by Users’ means of payment or by means of a code provided to Users by Instahelp cooperation partners (see section 8 below). Counselling sessions may only take place following conclusion of the contract in accordance with section 1.2. Counsellors and Users each have their own user interface for communicating. There is a detailed presentation and explanation of the Services on the Instahelp website.
1.4 Instahelp is purely a mediator of contact and provider of digital communication channels (Access Service Provider) and, as such, ensures the technical availability of the Platform. Instahelp has no knowledge of the content of counselling sessions.
1.5 The counselling contract falls within the relationship between a Counsellor and User, and counselling services are delivered exclusively and solely within the relationship between Counsellor and User. Rights and obligations as well as claims arising from counselling and information exchanged in its course therefore exist exclusively between Counsellor and User.
1.6 Information given by Counsellors in the context of psychological counselling via the Platform is not suitable or intended to replace therapy/treatment for mental illness. In case of such need, we recommend that Users consult a doctor or appropriate specialist counsellor.
This does not apply in the event that therapy/treatment has been explicitly agreed between Users and Counsellors by Counsellors using the Platform, to the extent legally permissible.
2. Alteration of Terms of Use and Services
2.1 Our Services are under continued further development. It is therefore possible that the Services will change in their scope and/or functionality. The valid Terms of Use as currently amended can be accessed at any time on the website at https://instahelp.me/en/gtc/.
In the event that Instahelp alters and/or amends the Terms of Use, in particular if the Services are extended or changes in the law require this, the following applies:
2.2 In each such case, Users’ attention will be drawn to alterations and/or amendments by means of a corresponding notice of change sent to the email address given by those Users for correspondence purposes and/or displayed upon logging into the website.
Acceptance of the alterations and/or amendments counts as given if the User does not object to those changes in writing (by email) within 6 weeks of receipt of the notice of change. Instahelp will inform Users of the consequences of failure to object in the notice of change.
2.3 In the event that a User objects to the notified alterations and/or amendments according to section 2.2, the contract shall be terminated after the minimum period of notice. Users can subsequently delete their User Account.
3. User Account and Use of Services
3.1 All registered Users receive their own account (“User Account”) with a unique ID for an unlimited period of time, which cannot be reactivated after cancellation.
3.2 In the course of registering on the Platform it is necessary to input an individual, freely selectable user name (fantasy name, pseudonym etc.) and password freely selectable subject to our password guidelines. User Accounts and all associated content must not be transferred to third parties. The user name and password are to be treated as strictly confidential and must not be made available to third parties. If Users suspects that the password has become known to a third party, they must inform Instahelp immediately so that the password can be blocked or changed. In the event of misuse, Users are liable to the extent corresponding with the diligence they have demonstrated.
3.3 Particularly for the purpose of all correspondence between themselves and Instahelp, Users must supply a valid email address and consents to the receipt of legally relevant messages at this email address. Precise information about data processing is available in Instahelp’s Data Protection Declaration (available on https://instahelp.me/en/privacy/).
3.4 In the event that, to the extent permitted by law, service of therapy/treatment is agreed between a Users and Counsellors, complete and correct data must be given (name, address, date of birth, etc.). If Users’ personal data change, this must be declared by the user immediately.
3.5 Through registering, setting up a User Account and making use of the Services, Users confirm their legal capacity is sufficient for them to make use of the Services in compliance with the agreement and in accordance with the applicable legal provisions. Persons aged under 16 may only use the Services if, when setting up User Accounts, consent has been declared by a parent / legal guardian.
3.6 Users can give assessments of Counsellors. They are forbidden to give false assessments.
3.7 In the event that, in the course of counselling, Counsellors form the view that
– there is a need for deeper personal counselling or treatment of Users, for which the Platform is not suitable, or
– counselling of Users is unproductive (e.g. insulting behaviour towards Counsellors)
they will immediately inform Instahelp of these circumstances (a “Counsellor Notification”). The Counsellor Notification takes place in anonymised form, using a discrete user identification number (User-ID). In such a case, continued use of the Services by the relevant Users is either not possible or, in consultation with the assigned Counsellors, only possible to a limited extent.
3.8 There is no entitlement to counselling by specific Counsellors.
3.9 Users can delete their User Account at any time.
3.10 The accounts of those Users who have not purchased any counselling via Instahelp and/or have not logged in to Instahelp for a period of 24 months will be erased automatically. An information email will be sent to Users about the impending deletion prior to erasure. If Users log in again within the period specified in the email, the account will not be deleted.
4. Instahelp Services / Instahelp Encryption
4.1 As already mentioned in Section 1.1, the services of Instahelp include (i) arranging contacts between counsellors and users for a fee; (ii) the provision of adequate communication channels for Counsellors and Users with regard to the digital use of accompanying counselling services (such as psychological counselling services or coaching) and – to the extent permitted by law – psychological therapy/treatment; and (iii) the provision of online content (e.g. meditation, relaxation exercises, worksheets).
4.2 The Services can be used in the countries participating in the programme. The number of countries is continuously being expanded.
4.3 Instahelp attaches the greatest importance to the confidential handling of user data. All direct communication between Users and Counsellors is encrypted, with the result that, as the Platform operator, Instahelp has no unauthorised access to the corresponding communication content (e.g. conversations, chats). This obligatory confidentiality is ensured by an encryption system, (hereinafter “Instahelp Encryption”). By means of Instahelp Encryption, Counsellors and Users are each assigned individual (access) codes / keys (their “User Key”) during initial registration on the Platform. All direct communication between Users and their Counsellors then takes place exclusively via Instahelp Encryption, allowing confidential communication to be ensured.
There is more information about the use and processing of data in the Data Protection Declaration (available on https://instahelp.me/en/privacy/). Disclosure of a User Key and its use by Instahelp always requires the agreement of Users. Only in cases of acute danger to themselves or others or claims made by Instahelp against Users (e.g. for non-payment of Services) can Instahelp request the release of a User Key for the purpose of User identification, following consultation with the Instahelp Advisory Board. In such a case, the Instahelp Advisory Board must document the necessity and purpose of the disclosure and notify the affected Users of these grounds. The Instahelp Advisory Board consists of people experienced in the area of psychology and psychiatry. It ensures the quality of Services and promotes the continued scientific development of Instahelp. There is more information about the Instahelp Advisory Board on the website, https://instahelp.me/en/about/.
5. Rights to Content / Liability for Content
5.1 The term “content” covers all information and data as well as media, such as videos, music, sounds, text, photos, images, graphics, drawings, software, hyperlinks etc., made available to Users (via Instahelp (“Instahelp content”) or by Counsellors (“Counsellor content”) on the Platform, or that Users themselves upload to the Platform (“User content”).
5.2 Rights to content made available to Users (including the design and layout and program code of the website and Services), reside solely with Instahelp, the Counsellors or those third parties who have licensed the content to Instahelp. Instahelp grants registered Users the limited, non-exclusive, non-transferable and non-sublicensable right to use the supplied content exclusively in the context of the Services and for private purposes. Users are not entitled to use the supplied content for other purposes beyond the scope of provisions for private use.
5.3 Instahelp does not warrant that Counsellor content is correct, up-to-date, free of errors, compliant with all applicable legal provisions and/or free of third-party rights. Instahelp’s warranty and liability for damages in connection with Counsellor content is thus excluded to the extent permitted by law.
6. Disclaimer of Warranty and Liability
6.1 Instahelp assumes liability on behalf of itself or its agents solely for damages arising from gross negligence or intent; in such cases, liability is in accordance with the applicable legal provisions. Liability is excluded for damages resulting from slight negligence, along with consequential losses, missed earnings, loss of data or other indirect or incidental damages.
6.2 The limitations on liability stipulated in this section 6 apply to both contractual and non-contractual claims. Liability resulting from mandatory legal provisions (e.g. personal injuries) remains unaffected.
6.3 In the context of the Services, hyperlinks to third-party websites may be included. Liability for these links is only assumed within the scope of Article 6 DSA. Users who access third-party websites are personally responsible for so doing. Such websites are not subject to Instahelp control and Users hereby accept that Instahelp is not responsible for the content, functionality, information, accuracy, legality or other aspects of such external websites. The inclusion of such hyperlinks in no way indicates that Instahelp supports the corresponding websites or has any form of connection with their operators. Instahelp assumes no liability for damages or losses Users may suffer through, or in connection with, the use of such hyperlinks or the external websites accessed via these hyperlinks.
6.4 Instahelp cannot warrant that access to the Platform will be possible at all times without interruption or error-free. Instahelp assumes no liability for brief interruptions, alterations or termination of Services or particular functionalities. Instahelp assumes no liability for disruptions or interference falling outside the Instahelp sphere. Users are therefore responsible for regularly updating the software they use, regularly backing up data, having up-to-date anti-virus and effective firewall protection. If Users are of the opinion that they are unable to use the services due to disruptions or impairments that are within the sphere of Instahelp, they must report this to Instahelp at support@instahelp.me within 14 days of being unable or being restricted in using the services.
6.5 The counselling contract falls within the relationship between Counsellors and Users, and counselling services are delivered exclusively and solely within the relationship between Counsellor and User (see section 1.4 above). Any liability on the part of Instahelp for any claims arising from the contract concluded between a Counsellor and User is excluded.
6.6 No warranty is assumed for quality defects or connection failures, the causes of which lie outside Instahelp’s field of technical influence and for the occurrence of which Instahelp is not responsible.
7. Technical Prerequisites
7.1 Use of the Services necessitates Internet access and an appropriate, up-to-date device, including a browser, possessing the technical capacity for graphical display of the Platform. Using the Services gives rise to substantial data flow, which may incur costs, particularly during mobile use. Users themselves must carry the costs of Internet data traffic arising from use of the Services.
7.2 Users acknowledges that, given the technical realities of the Internet, there can never be complete protection from viruses, Trojans, spyware etc. Therefore Instahelp also cannot warrant such protection.
8. Charges, Payment Terms
8.1 Instahelp’s Services are chargeable (“Service fee”). Users pay either by normal means (credit card, PayPal, instant transfer etc.) or by means of a code provided, for example, by Instahelp cooperation partners.
The precise details of payment and actual contractual model are finalised at the conclusion of the contract on the website. In the course of registering on the Platform, Users expressly declare their agreement to the Service fee, underlying price model and payment terms of Instahelp, all available for inspection at https://instahelp.me/en/prices/. Payment takes place via an external payment provider.
8.2 Provided that no special payment conditions have been agreed, payment claims are payable within 14 calendar days of the Users’ receipt of the electronic order confirmation. The amount billed must be credited at the latest by the due date at the relevant payment recipient. In the event of delayed payment by Users, provided that greater costs have not arisen, Instahelp will charge statutory default interest starting on the 15th day after the date of the bill. Reminder, information and other costs associated with enforcement of the claim are carried by Users. Use of the Services is excluded for the duration of default of payment.
8.3 Payment by Users take place via a payment provider who passes the paying Users’ data solely to Instahelp.
8.4 All available payment methods are indicated during the payment process.
8.5 Users can only offset receivables from Instahelp to the extent accepted by Instahelp or legally adjudicated.
8.6 As soon as counselling units have been purchased, the counselling slot is reserved. As a result, in the interests of fairness to all users, purchased counselling units must be redeemed within 14 days.
8.7 Up to 24 hours before the start of the consultation, the consultation appointment agreed between Users and Counsellors can be cancelled free of charge. All consultations that are not cancelled or are not cancelled at least 24 hours before the agreed appointment must be paid for in full.
9. Duration and Termination of Contract
9.1 The contract is concluded for a definite or indefinite period, depending on the contract model chosen by Users at the time the contract is concluded.
9.2 Fixed-term contracts expire automatically at the end of the contract term. Termination with notice during the contract term is not possible. Contracts for an indefinite period can be cancelled at the end of any month without notice. Users and Instahelp are free to terminate the contract for good cause. In particular, a breach of these Terms of Use shall be considered good cause.
9.3 Lifetime subscription (if available):
In deviation from Sections 9.1 and 9.2, the following applies to the Lifetime subscription:
The Lifetime subscription authorises Users to use our Instahelp Services in accordance with Section 1.1 (iii) (provision of online content (e.g. meditation, relaxation exercises, worksheets)) for life. It only ends (a) at the end of the Users’ life or (b) if Instahelp ceases to provide the services or ceases business operations altogether or (c) if Users delete their User Account. The Lifetime subscription is granted to Users personally. The associated rights and obligations are not transferred to the heirs.
The Lifetime subscription is only valid for the services described in the order It does not cover any possible future services.
Neither the user nor Instahelp are able to cancel a Lifetime subscription. Users and Instahelp are free to terminate the contract for good cause.
10. Other
10.1 Alterations and/or amendments to these Terms of Use must be in written form. This also applies to any renouncement of the written form requirement. Email is a valid written form; messages from Instahelp to Users go to the email addresses declared by Users during registration or in the course of updating their User Accounts.
10.2 Austrian law applies exclusively. Exclusive jurisdiction is, to the extent legally permissible, the relevant locally competent court in Graz. The contract language is German and only the German version of the Conditions of Use is legally binding.
10.3 For any legal action relating to the Austrian Consumer Protection Act (KSchG) and taken against Users whose residence or usual abode is in Austria or are employed in Austria, the place of jurisdiction shall be that in the district where Users are resident or have their usual abode or is employed.
11. Complaint Management
User satisfaction has priority at Instahelp. Should Users be dissatisfied with the Services for whatever reason, they can contact support@instahelp.me at any time. Staff there will respond promptly to Users with a view to finding a solution.
1.1 Insta Communications GmbH, Münzgrabenstrasse 92/4, A-8010 Graz (Austria) (hereinafter termed “Instahelp”) offers services (hereinafter “Services”). These Services are delivered online via the “Instahelp” platform (hereinafter “Platform”) at https://instahelp.me, using a corresponding software application as and when necessary.
The Services comprise, amongst other aspects, (i) paid mediation of contact between counselling users of the Platform (hereinafter “Counsellors”) and Platform users seeking counselling (hereinafter “Users”), (ii) provision of appropriate communication channels for Counsellors and Users with a view to digital utilisation of supportive counselling services (such as psychological counselling services or coaching) and, to the extent legally permissible, psychological therapy/treatment, and (iii) provision of online content (e.g. meditation, relaxation techniques, worksheets).
The Services comprise, amongst other aspects, (i) paid mediation of contact between counselling users of the Platform (hereinafter “Counsellors”) and Platform users seeking counselling (hereinafter “Users”), (ii) provision of appropriate communication channels for Counsellors and Users with a view to digital utilisation of supportive counselling services (such as psychological counselling services or coaching) and, to the extent legally permissible, psychological therapy/treatment, and (iii) provision of online content (e.g. meditation, relaxation techniques, worksheets).
1.2 To use Instahelp Services, it is necessary to register and order at https://instahelp.me. An order is a Users bid to Instahelp to conclude a contract. Following registration and ordering, confirmation of registration and conclusion of contract will be in the form of a confirmatory email sent to the email address given by the User. Only upon confirmation of the included activation link is the process of registration complete. Only when Instahelp confirms (acceptance of the User’s bid) does a contractual relationship arise between Instahelp and the User.
This contractual relationship complies with the provisions of these Terms of Use.
This contractual relationship complies with the provisions of these Terms of Use.
1.3 Counsellors and Users take up contact via an individual user interface with a selection of Counsellors managed by Instahelp in its Partner Network. Digital online counselling sessions can be conducted with these Counsellors.
Counselling by Counsellors on the Platform is always subject to charge. Payment is either directly by Users’ means of payment or by means of a code provided to Users by Instahelp cooperation partners (see section 8 below). Counselling sessions may only take place following conclusion of the contract in accordance with section 1.2. Counsellors and Users each have their own user interface for communicating. There is a detailed presentation and explanation of the Services on the Instahelp website.
Counselling by Counsellors on the Platform is always subject to charge. Payment is either directly by Users’ means of payment or by means of a code provided to Users by Instahelp cooperation partners (see section 8 below). Counselling sessions may only take place following conclusion of the contract in accordance with section 1.2. Counsellors and Users each have their own user interface for communicating. There is a detailed presentation and explanation of the Services on the Instahelp website.
1.4 Instahelp is purely a mediator of contact and provider of digital communication channels (Access Service Provider) and, as such, ensures the technical availability of the Platform. Instahelp has no knowledge of the content of counselling sessions.
1.5 The counselling contract falls within the relationship between a Counsellor and User, and counselling services are delivered exclusively and solely within the relationship between Counsellor and User. Rights and obligations as well as claims arising from counselling and information exchanged in its course therefore exist exclusively between Counsellor and User.
1.6 Information given by Counsellors in the context of psychological counselling via the Platform is not suitable or intended to replace therapy/treatment for mental illness. In case of such need, we recommend that Users consult a doctor or appropriate specialist counsellor.
This does not apply in the event that therapy/treatment has been explicitly agreed between Users and Counsellors by Counsellors using the Platform, to the extent legally permissible.
This does not apply in the event that therapy/treatment has been explicitly agreed between Users and Counsellors by Counsellors using the Platform, to the extent legally permissible.
2. Alteration of Terms of Use and Services
2.1 Our Services are under continued further development. It is therefore possible that the Services will change in their scope and/or functionality. The valid Terms of Use as currently amended can be accessed at any time on the website at https://instahelp.me/en/gtc/.
In the event that Instahelp alters and/or amends the Terms of Use, in particular if the Services are extended or changes in the law require this, the following applies:
2.2 In each such case, Users’ attention will be drawn to alterations and/or amendments by means of a corresponding notice of change sent to the email address given by those Users for correspondence purposes and/or displayed upon logging into the website.
Acceptance of the alterations and/or amendments counts as given if the User does not object to those changes in writing (by email) within 6 weeks of receipt of the notice of change. Instahelp will inform Users of the consequences of failure to object in the notice of change.
2.3 In the event that a User objects to the notified alterations and/or amendments according to section 2.2, the contract shall be terminated after the minimum period of notice. Users can subsequently delete their User Account.
3. User Account and Use of Services
3.1 All registered Users receive their own account (“User Account”) with a unique ID for an unlimited period of time, which cannot be reactivated after cancellation.
3.2 In the course of registering on the Platform it is necessary to input an individual, freely selectable user name (fantasy name, pseudonym etc.) and password freely selectable subject to our password guidelines. User Accounts and all associated content must not be transferred to third parties. The user name and password are to be treated as strictly confidential and must not be made available to third parties. If Users suspects that the password has become known to a third party, they must inform Instahelp immediately so that the password can be blocked or changed. In the event of misuse, Users are liable to the extent corresponding with the diligence they have demonstrated.
3.3 Particularly for the purpose of all correspondence between themselves and Instahelp, Users must supply a valid email address and consents to the receipt of legally relevant messages at this email address. Precise information about data processing is available in Instahelp’s Data Protection Declaration (available on https://instahelp.me/en/privacy/).
3.4 In the event that, to the extent permitted by law, service of therapy/treatment is agreed between a Users and Counsellors, complete and correct data must be given (name, address, date of birth, etc.). If Users’ personal data change, this must be declared by the user immediately.
3.5 Through registering, setting up a User Account and making use of the Services, Users confirm their legal capacity is sufficient for them to make use of the Services in compliance with the agreement and in accordance with the applicable legal provisions. Persons aged under 16 may only use the Services if, when setting up User Accounts, consent has been declared by a parent / legal guardian.
3.6 Users can give assessments of Counsellors. They are forbidden to give false assessments.
3.7 In the event that, in the course of counselling, Counsellors form the view that
– there is a need for deeper personal counselling or treatment of Users, for which the Platform is not suitable, or
– counselling of Users is unproductive (e.g. insulting behaviour towards Counsellors)
they will immediately inform Instahelp of these circumstances (a “Counsellor Notification”). The Counsellor Notification takes place in anonymised form, using a discrete user identification number (User-ID). In such a case, continued use of the Services by the relevant Users is either not possible or, in consultation with the assigned Counsellors, only possible to a limited extent.
3.8 There is no entitlement to counselling by specific Counsellors.
3.9 Users can delete their User Account at any time.
3.10 The accounts of those Users who have not purchased any counselling via Instahelp and/or have not logged in to Instahelp for a period of 24 months will be erased automatically. An information email will be sent to Users about the impending deletion prior to erasure. If Users log in again within the period specified in the email, the account will not be deleted.
4. Instahelp Services / Instahelp Encryption
4.1 As already mentioned in Section 1.1, the services of Instahelp include (i) arranging contacts between counsellors and users for a fee; (ii) the provision of adequate communication channels for Counsellors and Users with regard to the digital use of accompanying counselling services (such as psychological counselling services or coaching) and – to the extent permitted by law – psychological therapy/treatment; and (iii) the provision of online content (e.g. meditation, relaxation exercises, worksheets).
4.2 The Services can be used in the countries participating in the programme. The number of countries is continuously being expanded.
4.3 Instahelp attaches the greatest importance to the confidential handling of user data. All direct communication between Users and Counsellors is encrypted, with the result that, as the Platform operator, Instahelp has no unauthorised access to the corresponding communication content (e.g. conversations, chats). This obligatory confidentiality is ensured by an encryption system, (hereinafter “Instahelp Encryption”). By means of Instahelp Encryption, Counsellors and Users are each assigned individual (access) codes / keys (their “User Key”) during initial registration on the Platform. All direct communication between Users and their Counsellors then takes place exclusively via Instahelp Encryption, allowing confidential communication to be ensured.
There is more information about the use and processing of data in the Data Protection Declaration (available on https://instahelp.me/en/privacy/). Disclosure of a User Key and its use by Instahelp always requires the agreement of Users. Only in cases of acute danger to themselves or others or claims made by Instahelp against Users (e.g. for non-payment of Services) can Instahelp request the release of a User Key for the purpose of User identification, following consultation with the Instahelp Advisory Board. In such a case, the Instahelp Advisory Board must document the necessity and purpose of the disclosure and notify the affected Users of these grounds. The Instahelp Advisory Board consists of people experienced in the area of psychology and psychiatry. It ensures the quality of Services and promotes the continued scientific development of Instahelp. There is more information about the Instahelp Advisory Board on the website, https://instahelp.me/en/about/.
5. Rights to Content / Liability for Content
5.1 The term “content” covers all information and data as well as media, such as videos, music, sounds, text, photos, images, graphics, drawings, software, hyperlinks etc., made available to Users (via Instahelp (“Instahelp content”) or by Counsellors (“Counsellor content”) on the Platform, or that Users themselves upload to the Platform (“User content”).
5.2 Rights to content made available to Users (including the design and layout and program code of the website and Services), reside solely with Instahelp, the Counsellors or those third parties who have licensed the content to Instahelp. Instahelp grants registered Users the limited, non-exclusive, non-transferable and non-sublicensable right to use the supplied content exclusively in the context of the Services and for private purposes. Users are not entitled to use the supplied content for other purposes beyond the scope of provisions for private use.
5.3 Instahelp does not warrant that Counsellor content is correct, up-to-date, free of errors, compliant with all applicable legal provisions and/or free of third-party rights. Instahelp’s warranty and liability for damages in connection with Counsellor content is thus excluded to the extent permitted by law.
6. Disclaimer of Warranty and Liability
6.1 Instahelp assumes liability on behalf of itself or its agents solely for damages arising from gross negligence or intent; in such cases, liability is in accordance with the applicable legal provisions. Liability is excluded for damages resulting from slight negligence, along with consequential losses, missed earnings, loss of data or other indirect or incidental damages.
6.2 The limitations on liability stipulated in this section 6 apply to both contractual and non-contractual claims. Liability resulting from mandatory legal provisions (e.g. personal injuries) remains unaffected.
6.3 In the context of the Services, hyperlinks to third-party websites may be included. Liability for these links is only assumed within the scope of Article 6 DSA. Users who access third-party websites are personally responsible for so doing. Such websites are not subject to Instahelp control and Users hereby accept that Instahelp is not responsible for the content, functionality, information, accuracy, legality or other aspects of such external websites. The inclusion of such hyperlinks in no way indicates that Instahelp supports the corresponding websites or has any form of connection with their operators. Instahelp assumes no liability for damages or losses Users may suffer through, or in connection with, the use of such hyperlinks or the external websites accessed via these hyperlinks.
6.4 Instahelp cannot warrant that access to the Platform will be possible at all times without interruption or error-free. Instahelp assumes no liability for brief interruptions, alterations or termination of Services or particular functionalities. Instahelp assumes no liability for disruptions or interference falling outside the Instahelp sphere. Users are therefore responsible for regularly updating the software they use, regularly backing up data, having up-to-date anti-virus and effective firewall protection. If Users are of the opinion that they are unable to use the services due to disruptions or impairments that are within the sphere of Instahelp, they must report this to Instahelp at support@instahelp.me within 14 days of being unable or being restricted in using the services.
6.5 The counselling contract falls within the relationship between Counsellors and Users, and counselling services are delivered exclusively and solely within the relationship between Counsellor and User (see section 1.4 above). Any liability on the part of Instahelp for any claims arising from the contract concluded between a Counsellor and User is excluded.
6.6 No warranty is assumed for quality defects or connection failures, the causes of which lie outside Instahelp’s field of technical influence and for the occurrence of which Instahelp is not responsible.
7. Technical Prerequisites
7.1 Use of the Services necessitates Internet access and an appropriate, up-to-date device, including a browser, possessing the technical capacity for graphical display of the Platform. Using the Services gives rise to substantial data flow, which may incur costs, particularly during mobile use. Users themselves must carry the costs of Internet data traffic arising from use of the Services.
7.2 Users acknowledges that, given the technical realities of the Internet, there can never be complete protection from viruses, Trojans, spyware etc. Therefore Instahelp also cannot warrant such protection.
8. Charges, Payment Terms
8.1 Instahelp’s Services are chargeable (“Service fee”). Users pay either by normal means (credit card, PayPal, instant transfer etc.) or by means of a code provided, for example, by Instahelp cooperation partners.
The precise details of payment and actual contractual model are finalised at the conclusion of the contract on the website. In the course of registering on the Platform, Users expressly declare their agreement to the Service fee, underlying price model and payment terms of Instahelp, all available for inspection at https://instahelp.me/en/prices/. Payment takes place via an external payment provider.
8.2 Provided that no special payment conditions have been agreed, payment claims are payable within 14 calendar days of the Users’ receipt of the electronic order confirmation. The amount billed must be credited at the latest by the due date at the relevant payment recipient. In the event of delayed payment by Users, provided that greater costs have not arisen, Instahelp will charge statutory default interest starting on the 15th day after the date of the bill. Reminder, information and other costs associated with enforcement of the claim are carried by Users. Use of the Services is excluded for the duration of default of payment.
8.3 Payment by Users take place via a payment provider who passes the paying Users’ data solely to Instahelp.
8.4 All available payment methods are indicated during the payment process.
8.5 Users can only offset receivables from Instahelp to the extent accepted by Instahelp or legally adjudicated.
8.6 As soon as counselling units have been purchased, the counselling slot is reserved. As a result, in the interests of fairness to all users, purchased counselling units must be redeemed within 14 days.
8.7 Up to 24 hours before the start of the consultation, the consultation appointment agreed between Users and Counsellors can be cancelled free of charge. All consultations that are not cancelled or are not cancelled at least 24 hours before the agreed appointment must be paid for in full.
9. Duration and Termination of Contract
9.1 The contract is concluded for a definite or indefinite period, depending on the contract model chosen by Users at the time the contract is concluded.
9.2 Fixed-term contracts expire automatically at the end of the contract term. Termination with notice during the contract term is not possible. Contracts for an indefinite period can be cancelled at the end of any month without notice. Users and Instahelp are free to terminate the contract for good cause. In particular, a breach of these Terms of Use shall be considered good cause.
9.3 Lifetime subscription (if available):
In deviation from Sections 9.1 and 9.2, the following applies to the Lifetime subscription:
The Lifetime subscription authorises Users to use our Instahelp Services in accordance with Section 1.1 (iii) (provision of online content (e.g. meditation, relaxation exercises, worksheets)) for life. It only ends (a) at the end of the Users’ life or (b) if Instahelp ceases to provide the services or ceases business operations altogether or (c) if Users delete their User Account. The Lifetime subscription is granted to Users personally. The associated rights and obligations are not transferred to the heirs.
The Lifetime subscription is only valid for the services described in the order It does not cover any possible future services.
Neither the user nor Instahelp are able to cancel a Lifetime subscription. Users and Instahelp are free to terminate the contract for good cause.
10. Other
10.1 Alterations and/or amendments to these Terms of Use must be in written form. This also applies to any renouncement of the written form requirement. Email is a valid written form; messages from Instahelp to Users go to the email addresses declared by Users during registration or in the course of updating their User Accounts.
10.2 Austrian law applies exclusively. Exclusive jurisdiction is, to the extent legally permissible, the relevant locally competent court in Graz. The contract language is German and only the German version of the Conditions of Use is legally binding.
10.3 For any legal action relating to the Austrian Consumer Protection Act (KSchG) and taken against Users whose residence or usual abode is in Austria or are employed in Austria, the place of jurisdiction shall be that in the district where Users are resident or have their usual abode or is employed.
11. Complaint Management
User satisfaction has priority at Instahelp. Should Users be dissatisfied with the Services for whatever reason, they can contact support@instahelp.me at any time. Staff there will respond promptly to Users with a view to finding a solution.
2.1 Our Services are under continued further development. It is therefore possible that the Services will change in their scope and/or functionality. The valid Terms of Use as currently amended can be accessed at any time on the website at https://instahelp.me/en/gtc/.
In the event that Instahelp alters and/or amends the Terms of Use, in particular if the Services are extended or changes in the law require this, the following applies:
In the event that Instahelp alters and/or amends the Terms of Use, in particular if the Services are extended or changes in the law require this, the following applies:
2.2 In each such case, Users’ attention will be drawn to alterations and/or amendments by means of a corresponding notice of change sent to the email address given by those Users for correspondence purposes and/or displayed upon logging into the website.
Acceptance of the alterations and/or amendments counts as given if the User does not object to those changes in writing (by email) within 6 weeks of receipt of the notice of change. Instahelp will inform Users of the consequences of failure to object in the notice of change.
Acceptance of the alterations and/or amendments counts as given if the User does not object to those changes in writing (by email) within 6 weeks of receipt of the notice of change. Instahelp will inform Users of the consequences of failure to object in the notice of change.
2.3 In the event that a User objects to the notified alterations and/or amendments according to section 2.2, the contract shall be terminated after the minimum period of notice. Users can subsequently delete their User Account.
3. User Account and Use of Services
3.1 All registered Users receive their own account (“User Account”) with a unique ID for an unlimited period of time, which cannot be reactivated after cancellation.
3.2 In the course of registering on the Platform it is necessary to input an individual, freely selectable user name (fantasy name, pseudonym etc.) and password freely selectable subject to our password guidelines. User Accounts and all associated content must not be transferred to third parties. The user name and password are to be treated as strictly confidential and must not be made available to third parties. If Users suspects that the password has become known to a third party, they must inform Instahelp immediately so that the password can be blocked or changed. In the event of misuse, Users are liable to the extent corresponding with the diligence they have demonstrated.
3.3 Particularly for the purpose of all correspondence between themselves and Instahelp, Users must supply a valid email address and consents to the receipt of legally relevant messages at this email address. Precise information about data processing is available in Instahelp’s Data Protection Declaration (available on https://instahelp.me/en/privacy/).
3.4 In the event that, to the extent permitted by law, service of therapy/treatment is agreed between a Users and Counsellors, complete and correct data must be given (name, address, date of birth, etc.). If Users’ personal data change, this must be declared by the user immediately.
3.5 Through registering, setting up a User Account and making use of the Services, Users confirm their legal capacity is sufficient for them to make use of the Services in compliance with the agreement and in accordance with the applicable legal provisions. Persons aged under 16 may only use the Services if, when setting up User Accounts, consent has been declared by a parent / legal guardian.
3.6 Users can give assessments of Counsellors. They are forbidden to give false assessments.
3.7 In the event that, in the course of counselling, Counsellors form the view that
– there is a need for deeper personal counselling or treatment of Users, for which the Platform is not suitable, or
– counselling of Users is unproductive (e.g. insulting behaviour towards Counsellors)
they will immediately inform Instahelp of these circumstances (a “Counsellor Notification”). The Counsellor Notification takes place in anonymised form, using a discrete user identification number (User-ID). In such a case, continued use of the Services by the relevant Users is either not possible or, in consultation with the assigned Counsellors, only possible to a limited extent.
– there is a need for deeper personal counselling or treatment of Users, for which the Platform is not suitable, or
– counselling of Users is unproductive (e.g. insulting behaviour towards Counsellors)
they will immediately inform Instahelp of these circumstances (a “Counsellor Notification”). The Counsellor Notification takes place in anonymised form, using a discrete user identification number (User-ID). In such a case, continued use of the Services by the relevant Users is either not possible or, in consultation with the assigned Counsellors, only possible to a limited extent.
3.8 There is no entitlement to counselling by specific Counsellors.
3.9 Users can delete their User Account at any time.
3.10 The accounts of those Users who have not purchased any counselling via Instahelp and/or have not logged in to Instahelp for a period of 24 months will be erased automatically. An information email will be sent to Users about the impending deletion prior to erasure. If Users log in again within the period specified in the email, the account will not be deleted.
4. Instahelp Services / Instahelp Encryption
4.1 As already mentioned in Section 1.1, the services of Instahelp include (i) arranging contacts between counsellors and users for a fee; (ii) the provision of adequate communication channels for Counsellors and Users with regard to the digital use of accompanying counselling services (such as psychological counselling services or coaching) and – to the extent permitted by law – psychological therapy/treatment; and (iii) the provision of online content (e.g. meditation, relaxation exercises, worksheets).
4.2 The Services can be used in the countries participating in the programme. The number of countries is continuously being expanded.
4.3 Instahelp attaches the greatest importance to the confidential handling of user data. All direct communication between Users and Counsellors is encrypted, with the result that, as the Platform operator, Instahelp has no unauthorised access to the corresponding communication content (e.g. conversations, chats). This obligatory confidentiality is ensured by an encryption system, (hereinafter “Instahelp Encryption”). By means of Instahelp Encryption, Counsellors and Users are each assigned individual (access) codes / keys (their “User Key”) during initial registration on the Platform. All direct communication between Users and their Counsellors then takes place exclusively via Instahelp Encryption, allowing confidential communication to be ensured.
There is more information about the use and processing of data in the Data Protection Declaration (available on https://instahelp.me/en/privacy/). Disclosure of a User Key and its use by Instahelp always requires the agreement of Users. Only in cases of acute danger to themselves or others or claims made by Instahelp against Users (e.g. for non-payment of Services) can Instahelp request the release of a User Key for the purpose of User identification, following consultation with the Instahelp Advisory Board. In such a case, the Instahelp Advisory Board must document the necessity and purpose of the disclosure and notify the affected Users of these grounds. The Instahelp Advisory Board consists of people experienced in the area of psychology and psychiatry. It ensures the quality of Services and promotes the continued scientific development of Instahelp. There is more information about the Instahelp Advisory Board on the website, https://instahelp.me/en/about/.
There is more information about the use and processing of data in the Data Protection Declaration (available on https://instahelp.me/en/privacy/). Disclosure of a User Key and its use by Instahelp always requires the agreement of Users. Only in cases of acute danger to themselves or others or claims made by Instahelp against Users (e.g. for non-payment of Services) can Instahelp request the release of a User Key for the purpose of User identification, following consultation with the Instahelp Advisory Board. In such a case, the Instahelp Advisory Board must document the necessity and purpose of the disclosure and notify the affected Users of these grounds. The Instahelp Advisory Board consists of people experienced in the area of psychology and psychiatry. It ensures the quality of Services and promotes the continued scientific development of Instahelp. There is more information about the Instahelp Advisory Board on the website, https://instahelp.me/en/about/.
5. Rights to Content / Liability for Content
5.1 The term “content” covers all information and data as well as media, such as videos, music, sounds, text, photos, images, graphics, drawings, software, hyperlinks etc., made available to Users (via Instahelp (“Instahelp content”) or by Counsellors (“Counsellor content”) on the Platform, or that Users themselves upload to the Platform (“User content”).
5.2 Rights to content made available to Users (including the design and layout and program code of the website and Services), reside solely with Instahelp, the Counsellors or those third parties who have licensed the content to Instahelp. Instahelp grants registered Users the limited, non-exclusive, non-transferable and non-sublicensable right to use the supplied content exclusively in the context of the Services and for private purposes. Users are not entitled to use the supplied content for other purposes beyond the scope of provisions for private use.
5.3 Instahelp does not warrant that Counsellor content is correct, up-to-date, free of errors, compliant with all applicable legal provisions and/or free of third-party rights. Instahelp’s warranty and liability for damages in connection with Counsellor content is thus excluded to the extent permitted by law.
6. Disclaimer of Warranty and Liability
6.1 Instahelp assumes liability on behalf of itself or its agents solely for damages arising from gross negligence or intent; in such cases, liability is in accordance with the applicable legal provisions. Liability is excluded for damages resulting from slight negligence, along with consequential losses, missed earnings, loss of data or other indirect or incidental damages.
6.2 The limitations on liability stipulated in this section 6 apply to both contractual and non-contractual claims. Liability resulting from mandatory legal provisions (e.g. personal injuries) remains unaffected.
6.3 In the context of the Services, hyperlinks to third-party websites may be included. Liability for these links is only assumed within the scope of Article 6 DSA. Users who access third-party websites are personally responsible for so doing. Such websites are not subject to Instahelp control and Users hereby accept that Instahelp is not responsible for the content, functionality, information, accuracy, legality or other aspects of such external websites. The inclusion of such hyperlinks in no way indicates that Instahelp supports the corresponding websites or has any form of connection with their operators. Instahelp assumes no liability for damages or losses Users may suffer through, or in connection with, the use of such hyperlinks or the external websites accessed via these hyperlinks.
6.4 Instahelp cannot warrant that access to the Platform will be possible at all times without interruption or error-free. Instahelp assumes no liability for brief interruptions, alterations or termination of Services or particular functionalities. Instahelp assumes no liability for disruptions or interference falling outside the Instahelp sphere. Users are therefore responsible for regularly updating the software they use, regularly backing up data, having up-to-date anti-virus and effective firewall protection. If Users are of the opinion that they are unable to use the services due to disruptions or impairments that are within the sphere of Instahelp, they must report this to Instahelp at support@instahelp.me within 14 days of being unable or being restricted in using the services.
6.5 The counselling contract falls within the relationship between Counsellors and Users, and counselling services are delivered exclusively and solely within the relationship between Counsellor and User (see section 1.4 above). Any liability on the part of Instahelp for any claims arising from the contract concluded between a Counsellor and User is excluded.
6.6 No warranty is assumed for quality defects or connection failures, the causes of which lie outside Instahelp’s field of technical influence and for the occurrence of which Instahelp is not responsible.
7. Technical Prerequisites
7.1 Use of the Services necessitates Internet access and an appropriate, up-to-date device, including a browser, possessing the technical capacity for graphical display of the Platform. Using the Services gives rise to substantial data flow, which may incur costs, particularly during mobile use. Users themselves must carry the costs of Internet data traffic arising from use of the Services.
7.2 Users acknowledges that, given the technical realities of the Internet, there can never be complete protection from viruses, Trojans, spyware etc. Therefore Instahelp also cannot warrant such protection.
8. Charges, Payment Terms
8.1 Instahelp’s Services are chargeable (“Service fee”). Users pay either by normal means (credit card, PayPal, instant transfer etc.) or by means of a code provided, for example, by Instahelp cooperation partners.
The precise details of payment and actual contractual model are finalised at the conclusion of the contract on the website. In the course of registering on the Platform, Users expressly declare their agreement to the Service fee, underlying price model and payment terms of Instahelp, all available for inspection at https://instahelp.me/en/prices/. Payment takes place via an external payment provider.
The precise details of payment and actual contractual model are finalised at the conclusion of the contract on the website. In the course of registering on the Platform, Users expressly declare their agreement to the Service fee, underlying price model and payment terms of Instahelp, all available for inspection at https://instahelp.me/en/prices/. Payment takes place via an external payment provider.
8.2 Provided that no special payment conditions have been agreed, payment claims are payable within 14 calendar days of the Users’ receipt of the electronic order confirmation. The amount billed must be credited at the latest by the due date at the relevant payment recipient. In the event of delayed payment by Users, provided that greater costs have not arisen, Instahelp will charge statutory default interest starting on the 15th day after the date of the bill. Reminder, information and other costs associated with enforcement of the claim are carried by Users. Use of the Services is excluded for the duration of default of payment.
8.3 Payment by Users take place via a payment provider who passes the paying Users’ data solely to Instahelp.
8.4 All available payment methods are indicated during the payment process.
8.5 Users can only offset receivables from Instahelp to the extent accepted by Instahelp or legally adjudicated.
8.6 As soon as counselling units have been purchased, the counselling slot is reserved. As a result, in the interests of fairness to all users, purchased counselling units must be redeemed within 14 days.
8.7 Up to 24 hours before the start of the consultation, the consultation appointment agreed between Users and Counsellors can be cancelled free of charge. All consultations that are not cancelled or are not cancelled at least 24 hours before the agreed appointment must be paid for in full.
9. Duration and Termination of Contract
9.1 The contract is concluded for a definite or indefinite period, depending on the contract model chosen by Users at the time the contract is concluded.
9.2 Fixed-term contracts expire automatically at the end of the contract term. Termination with notice during the contract term is not possible. Contracts for an indefinite period can be cancelled at the end of any month without notice. Users and Instahelp are free to terminate the contract for good cause. In particular, a breach of these Terms of Use shall be considered good cause.
9.3 Lifetime subscription (if available):
In deviation from Sections 9.1 and 9.2, the following applies to the Lifetime subscription:
The Lifetime subscription authorises Users to use our Instahelp Services in accordance with Section 1.1 (iii) (provision of online content (e.g. meditation, relaxation exercises, worksheets)) for life. It only ends (a) at the end of the Users’ life or (b) if Instahelp ceases to provide the services or ceases business operations altogether or (c) if Users delete their User Account. The Lifetime subscription is granted to Users personally. The associated rights and obligations are not transferred to the heirs.
The Lifetime subscription is only valid for the services described in the order It does not cover any possible future services.
Neither the user nor Instahelp are able to cancel a Lifetime subscription. Users and Instahelp are free to terminate the contract for good cause.
In deviation from Sections 9.1 and 9.2, the following applies to the Lifetime subscription:
The Lifetime subscription authorises Users to use our Instahelp Services in accordance with Section 1.1 (iii) (provision of online content (e.g. meditation, relaxation exercises, worksheets)) for life. It only ends (a) at the end of the Users’ life or (b) if Instahelp ceases to provide the services or ceases business operations altogether or (c) if Users delete their User Account. The Lifetime subscription is granted to Users personally. The associated rights and obligations are not transferred to the heirs.
The Lifetime subscription is only valid for the services described in the order It does not cover any possible future services.
Neither the user nor Instahelp are able to cancel a Lifetime subscription. Users and Instahelp are free to terminate the contract for good cause.
10. Other
10.1 Alterations and/or amendments to these Terms of Use must be in written form. This also applies to any renouncement of the written form requirement. Email is a valid written form; messages from Instahelp to Users go to the email addresses declared by Users during registration or in the course of updating their User Accounts.
10.2 Austrian law applies exclusively. Exclusive jurisdiction is, to the extent legally permissible, the relevant locally competent court in Graz. The contract language is German and only the German version of the Conditions of Use is legally binding.
10.3 For any legal action relating to the Austrian Consumer Protection Act (KSchG) and taken against Users whose residence or usual abode is in Austria or are employed in Austria, the place of jurisdiction shall be that in the district where Users are resident or have their usual abode or is employed.
11. Complaint Management
User satisfaction has priority at Instahelp. Should Users be dissatisfied with the Services for whatever reason, they can contact support@instahelp.me at any time. Staff there will respond promptly to Users with a view to finding a solution.