These terms and conditions (Terms)  provide important information that you neeed to know and understand before using somnio, our mobile or web-based application (somnio or the “Service”).   

In these terms “you” refers to the person using the Service. The terms “mementor”, “we,” “us,” or “our” collectively refer to mementor DE GmbH and/or any applicable corporate affiliates. By using the Service you agree to abide by and be subject to these Terms. If you do not agree with any of these Terms, do not use the Service.  

To support the security of sensitive data, do not take screenshots and logout after each use to prevent unauthorized access to your account and to end the connection with the mementor server. 

Always use up-to-date software, especially your operating system, virus protection and browser. Otherwise you may risk security breaches, which cannot be controlled by us. Data could be read, modified or downloaded by third parties. 

somnio offers you information and exercises about sleep backed by evidence-based psychotherapeutic methods.  

Use of the Service is not a substitute for a diagnosis or medical or psychotherapeutic treatment for any condition. 

Registration is required to use the Service. By registering, you declare to be of full legal age and accept the Terms. The Terms come into force as soon as the registration for the Service has been completed. Registration is only possible with an activation code or directly through partner companies and partner health insurers of mementor. 

Upon registration, you are granted a non-exclusive and non-transferable right to use the Service for the license period specified when receiving the code. You can check the license validity period directly within the application. 

No other rights or licenses are granted to you. 

For technical reasons (e.g. routine or necessary maintenance work) the availability of somnio may be temporarily limited. 

To access the program, you will need individual registration data. You are responsible for keeping this data confidential and for preventing its misuse. In the event of misuse of any kind, you must inform mementor.  

In the event of a breach of these Terms, mementor is entitled to block your access to the Service.  

You are liable for any misuse for which you are responsible, including, but not limited to, any terminal equipment costs and telecommunication fees incurred for such misuse. 

For use outside this country, corresponding roaming charges may apply, which are to be borne by you. 

You are responsible for installing any required software (e.g. operating system or internet browser) necessary for the use of the Service. Furthermore, you are responsible for creating the technical requirements for access to somnio, especially with regard to the hardware used, the operating system software, the connection to the internet and the browser software. 

You are responsible for the security of the device(s) you use to access the Service, which may include keeping your device updated, having a secure password, and an automatic screen lock after a reasonable time without input.  

In the case of further development of the Service, it is your responsibility to make the necessary adjustments to the hardware and software you use (e.g. updating the browser). 

We strongly recommend that you contact a doctor or psychotherapist before you start using somnio. If you have difficulty staying awake during the day, if you are pregnant, if you fall asleep during the day without the appropriate intention, if you are generally very worried about your sleep or if there is any other uncertainty about your health, you should always consult a medical professional. If for any reason you feel very tired during the day, you should refrain from driving and operating machinery.

Additional Obligations for Residents of the U.S. 

Indemnity 

You agree to indemnify and hold mementor and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the online program or breach of these terms. 

Limitation of liability 

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR OUR AFFILIATES (INCLUDING WITHOUT LIMITATION YOUR USE OF SOMNIO) IS TO DISCONTINUE YOUR USE OF THE SERVICE.WE AND OUR VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS. OUR AND OUR VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ANY MEDIUME, INCLUDING WTTH RESPECT TOS SOMNIO, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

In case of a breach of contract on your part, mementor is entitled to terminate the contract without notice. Claims for damages remain unaffected. 

mementor is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of the information you receive through the online program. 

THE ONLINE PROGRAM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  

We make no warranty that the online program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The information you receive is non-binding information. The information contained in the online program reflects the knowledge of experts and is based on the findings of scientific studies. However, errors cannot be ruled out. mementor does not guarantee the accuracy, completeness and topicality of the information provided in the online program. Under no circumstances will the expert system and its operators be liable – either directly or indirectly – for any loss or damage that you may incur as a result of relying on the information you have obtained while using the system. 

mementor accepts no liability if the information and information provided is used contrary to its express purpose for self-diagnosis or self-treatment. The same applies if, on the basis of the information and details provided, a necessary consultation with a doctor or psychotherapist does not take place. 

mementor is in no way liable for any direct or indirect damage, damage dependent on fault or damage independent of fault, which may occur due to access, use or impossibility of use. 

SOMNIO, ITS CONTENT, ITS LINKS, ANY OTHER PRODUCT OR SERVICE OFFERED THAT WE OR OUR AFFILIATES OFFER ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

The content of the online program somnio is subject to the copyright of mementor. The content is based on scientifically recognised psychological methods, which have been developed by psychological experts. 

You have the possibility to download material and information for personal use. This material is intended exclusively for your own use and may not be passed on to third parties or commercially distributed. Any distribution, modification or reproduction of material and information is not permitted. 

Pictures, graphics and the layout of somnio are property of mementor and may not be reproduced or distributed without prior written permission. 

Except as provided in our Privacy Policy, any content that you submit to this Service or mementor, whether directly or through a third-party website (“User Content”) will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services. You agree not to submit User Content to this Service or Us except for User Content that is fully authorized for purposes of this Service and these Terms of Use, and by submitting User Content on somnio or any other of our services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that we will have, and you grant to us, a worldwide, royalty-free, perpetual, irrevocable, sublicense-able, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to somnio, or any other service we or our affiliates offer, or that you otherwise submit to us or our affiliates. ResMed. Nothing in these Terms of Use will obligate us to use any User Content you submit. 

To the extent permissible by law, all content, text, data, information and other material displayed, available or present via the Service (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (“Intellectual Property Rights”), are the property of mementor, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on in relation to somnio or other services we offer are copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.

mementor reserves the right to make changes or additions to the information provided without prior notice. This does not result in any liability.

For Residents of the U.S. the laws of the state of California govern these terms. 

For Residents of the European Union, German law applies and the place of jurisdiction for all disputes arising from this contractual relationship is Leipzig. 

Should individual provisions of these terms and conditions be invalid or contestable, the validity of the remaining provisions shall not be affected. 

You can contact us via the following ways:

• Email: info[at]mementor.de
• Mail: mementor DE GmbH, Karl-Heine-Straße 15, 04229 Leipzig, Germany