Terms of Use fiveways App

1 General Information and Scope 

1.1 Provider 

fiveways 

SRH Berufsbildungswerk Neckargemünd GmbH 
Im Spitzerfeld 25 
69151 Neckargemünd 
Germany 

Phone: +49 (0) 6223 89-1010 
Fax: +49 (0) 6223 89-2126 
Email: info(at)fiveways.app 
Website: www.fiveways.app 

Authorised representatives: 
Sascha Lohwaßer, Stefan Medinger (Managing Directors) 

Shareholder: 
SRH Bildung GmbH, Bonhoefferstr. 1, 69123 Heidelberg, Germany 

Register court: 
Amtsgericht Mannheim 

Commercial register number: 
HRB 335376 

VAT identification number pursuant to Section 27a of the German Value Added Tax Act (Umsatzsteuergesetz – UStG): 
DE 174 981 459 

1.2 Scope 

These Terms of Use apply to the use of the fiveways app by users. The app is made available free of charge through the relevant app stores. 

Universities, educational institutions or other organisations may promote or recommend fiveways or support it as part of a cooperation. Such cooperation does not affect the application of these Terms of Use to the use of the app. Any separate agreements between the Provider and institutional partners generally relate to the respective cooperation and do not directly apply to users unless expressly stated otherwise. 

By registering for and using the app, users agree to these Terms of Use. 

2 Requirements for Use and User Account 

2.1 Registration 

A user account is required to use fiveways. In particular, an email address and a password or corresponding authentication data are required for this purpose. The app cannot be used without registration and login. 

For users whose access is associated with a university, educational institution or other cooperating organisation, information about the relevant institution may additionally be requested. This may be necessary in particular where the email address used does not allow the institution to be clearly identified. 

2.2 Minimum Age 

fiveways may be used by persons aged 16 or over. 

2.3 Login Credentials and Account Security 

Users are required to keep their login credentials confidential and protect them against access by unauthorised third parties. If unauthorised use of a user account is suspected, the password should be changed immediately. 

2.4 Deletion of the User Account 

Users may delete their user account at any time using the function provided for this purpose within the app. 

In addition, user accounts may be deleted if no login has occurred for a period of six months. Before an account is deleted due to inactivity, users will be notified by email and given the opportunity to prevent deletion by logging in again within 14 days. 

Further information on the processing and deletion of personal data can be found in the Privacy Notice. 

3 fiveways and Scope of Services 

3.1 Purpose of the App 

fiveways is a digital companion for students. The app supports users in addressing typical challenges of student life and developing personal skills. 

fiveways provides evidence-based content and interactive features covering topics such as stress and inner balance, self-management and time management, body and energy, relationships and communication, and future and career. 

3.2 Personalisation and Recommendations 

As part of the onboarding process, users can select information regarding their stage of study as well as topics and areas of interest. Based on these selections, relevant content and features are suggested within the app. Users can subsequently change this information using the “Adjust recommendations” feature. 

The recommendations are intended to provide content-related guidance within the app. They do not constitute a medical, psychological or other professional assessment of users. 

3.3 Interactive Features and Personal Entries 

fiveways includes Guides, Mini Quests, exercises, checklists and reflection activities, among other features. Within certain features, users may voluntarily enter personal information, notes, reflections, goals, plans or responses to self-assessment questions. 

These features are intended solely for users’ own reflection and orientation. They are not intended to detect, diagnose or treat diseases or mental disorders. 

3.4 Activity and Progress Features 

Completed content and activities may be reflected within the app through progress features such as experience points (XP), levels, streaks and badges. For multi-part content such as Guides, the app may also indicate which content has already been completed and the progress made within the relevant Guide. 

The progress display referred to as the “Competence Profile” reflects users’ progress across the five fiveways topic areas. The levels displayed are based exclusively on completed content and activities. They do not measure users’ actual level of personal competence and do not constitute a psychological, medical or diagnostic assessment. 

3.5 Health and Medical Disclaimer 

fiveways takes a resource-oriented and preventive approach by encouraging users to engage with typical challenges of student life at an early stage and to strengthen personal skills and resources. 

The app is not intended to prevent specific diseases or mental disorders and has no medical intended purpose. In particular, it is not intended for the detection, diagnosis, monitoring, prediction, prognosis, treatment or alleviation of diseases or mental disorders. fiveways does not carry out medical or psychological assessments of users and does not provide diagnoses or individual treatment recommendations. 

fiveways is not a medical device within the meaning of Regulation (EU) 2017/745 on medical devices (MDR) and is not a German Digital Health Application (Digitale Gesundheitsanwendung – DiGA) within the meaning of Section 33a of the German Social Code Book V (SGB V). 

The content and features of the app are not a substitute for medical, psychotherapeutic or other healthcare advice, diagnosis or treatment. In the event of an acute crisis or where professional support is needed, appropriate professional support services should be sought. 

4 Costs and Institutional Cooperation 

The fiveways app is currently made available to users free of charge through the relevant app stores. The Provider does not currently charge any subscription or usage fees for use of the app. 

The Provider reserves the right to offer additional paid features, content or usage models in the future. Users will be informed separately of the applicable prices and terms before entering into any paid offering. 

Universities, educational institutions and other organisations may cooperate with the Provider and may support or promote the use of fiveways. Certain organisational associations within the app may result from such cooperation. Any contractual arrangements between the Provider and an institution do not create any additional payment obligations for users unless expressly agreed otherwise. 

Any costs incurred in connection with the use of a device or internet connection are governed by the respective agreements between users and their telecommunications or internet service providers. 

5 Permitted Use and User Obligations 

fiveways may only be used within the scope of its intended features and in compliance with applicable laws and regulations. 

In particular, users must not: 

• disclose login credentials or user accounts to unauthorised third parties; 
• manipulate or interfere with the app or its technical systems, or circumvent security mechanisms; 
• use the app for unlawful purposes or submit content that infringes the rights of third parties; 
• misuse technical features of the app or use them in a manner that interferes with the operation of the app for other users. 

Users are responsible for the content they enter themselves. Users should not enter content that they are not authorised to use. 

6 Provision, Updates and Changes to the App 

The Provider makes fiveways available within the scope of its technical and organisational capabilities and continuously develops the app. This may include, in particular, bug fixes, security updates, technical adjustments, and changes to or further development of features and content. 

Where required by law, updates, including security updates, will be provided and users will be informed of material changes. 

Changes that go beyond what is necessary to maintain conformity with the contract and that adversely affect access to or use of the app will only be made in accordance with the applicable statutory requirements. 

Continuous, uninterrupted or completely error-free availability of the app cannot be guaranteed. Temporary restrictions may arise in particular as a result of maintenance, security measures, technical disruptions or circumstances beyond the Provider’s control. 

7 Statutory Rights and Liability 

7.1 Statutory Rights in the Event of Defects 

The statutory rights relating to the provision and use of digital products apply to the extent applicable. Users’ statutory rights in the event of defects in digital products remain unaffected. 

7.2 Liability 

The Provider is liable without limitation for damage arising from injury to life, body or health resulting from an intentional or negligent breach of duty by the Provider or its legal representatives or vicarious agents. The Provider is also liable without limitation for damage resulting from intentional or grossly negligent conduct and in cases where liability is mandatory by law. 

In the event of a slightly negligent breach of material contractual obligations, the Provider’s liability is limited to the damage that was typically foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment users may regularly rely. 

In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law. 

8 Data Protection 

Information on the processing of personal data in connection with the use of fiveways can be found in the current Privacy Notice for the app. The Privacy Notice is available within the app and on the designated website. 

9 Changes to these Terms of Use 

The Provider may amend these Terms of Use where there is an objective reason for doing so, in particular as a result of changes in legal or regulatory requirements, technical developments of the app, or changes to the services offered. 

Users will be informed of material changes in good time and in an appropriate manner. Where required by law, users’ rights in connection with changes to digital products will be observed. 

10 Governing Law and Final Provisions 

These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which users have their habitual residence remain unaffected. 

The statutory rules on jurisdiction apply. No exclusive jurisdiction agreement is entered into with consumers.