Terms and Conditions

Boost4YOU  

General terms and conditions of business

Last changed: 14.08.2023

Welcome to Boost4YOU S.A.R.L

Boost4YOU SARL, provide website functionality and other products and services when you use the Boost4YOU website (the "Site") or use Boost4YOU services, use Boost4YOU mobile applications. Please read our Data protection, our Notes on cookies to understand how we collect and process your personal information through Boost4YOU Services. Boost4YOU provides the Boost4YOU Services under the terms and conditions stated on this page. Boost4YOU is the trade name.

Please see our help page for our general terms and conditions Terms of Use

Terms of Use 

Status: [09/2023]

1. Subject of the contract, validity of these terms of use

1.1 Boost4YOU SARL, 6, rue Léandre Lacroix, 1913 Luxembourg (Luxembourg) (hereinafter “Boost4u”) offers the following services (hereinafter “Services”). The services are available online at https://boost4u.io, possibly using a corresponding software application, provided platform "Boost4u" (hereinafter "platform").

The following services are available to you:

(a) Mediation and organization of contacts between advising users of the platform (hereinafter "advisers") and users of the platform seeking advice (hereinafter "customers")

(b) Provision of adequate communication channels for counselors and customers with regard to digital use of accompanying psychological counseling services (such as counseling services)

(c) the provision of online content (e.g. educational content and, if applicable, exercises).

1.2 To use Boost4u's services, personal registration and ordering are required https://boost4u.ionecessary. The order is defined here as an offer by the customer to Boost4u after the conclusion of a contract. If the registration and booking is successful, a standardized confirmation will be sent to the e-mail address provided by the customer for documentation purposes. The registration process is only complete once the activation link has been sent. With the confirmation by Boost4u (acceptance of the customer's offer), a contractual relationship is created between Boost4u and the customer.

This contractual relationship is based on the provisions of the stored terms of use.

1.3 Contact between consultants and customers takes place via an individual user interface/platform with selected consultants in the Boost4u partner network. With these consultants, digital online advice can be provided in different modalities. 

The consulting services provided by consultants using the platform are chargeable. Payment is made directly by the customer using a payment method. This is the only way to create a valid contract. Advice can only take place after the contract has been concluded in accordance with point 1.2. Both consultants and customers have their own, secure way of communicating. A detailed description and explanation of the services can be found on the website or in the mobile application.

1.3 Boost4u is purely a broker of contacts and provider of digital communication channels (access service provider) and as such ensures the technical availability of the platform. Boost4u has no knowledge of the scope and content of the consultations.

1.4 The consulting contract exists between consultants and customers, whereby the consulting service is provided exclusively between consultants and customers. Rights and obligations as well as claims arising from advice and the information provided therein therefore exist exclusively between consultants and customers.

1.5 Information provided by consultants as part of a consultation via the platform is neither suitable nor intended to replace therapy/treatment for mental illnesses. If necessary, we recommend that users consult a doctor, psychological psychotherapist, child and adolescent psychotherapist or professionally suitable counselor. Confirmation of the facts by the customer is required.

2. Changes to the Terms of Use and the Services

2.1 The type and scope of the services are subject to continuous changes. As a result, individual aspects of the service may change in type, scope and functionality. The current version of the Terms of Use is available at any time on the website https://boost4u.io/agbs  available.

If the Terms of Use are updated by Boost4u (supplement, change, extension), the following applies:

2.2 On the updates after 2.1. Customers will be notified by a corresponding change notification to the email address provided by the customer for correspondence purposes and/or when logging in to the website.

The consent to the changes and/or additions is then deemed to have been granted if customers accept the change according to 2.1. do not object in writing (by e-mail) within 6 weeks after receipt of the notification of change. Boost4u will inform customers of the potential consequences of failing to object as part of the change notification.

2.3 If customers object to the notified changes and/or additions in accordance with point 2.2, the contract will be terminated at the next possible termination date. Customers then have the option of deleting the user account themselves in the “personal settings” section. Otherwise, the user account will be deleted by Boost4u as soon as possible.

3. User Account and Use of the Services

3.1 All registered users receive their own user account for an unlimited period of time in accordance with the General Terms and Conditions. 

3.2 When registering on the platform, it is possible to enter an individual, freely selectable user name (pseudonym, etc.). It is also necessary to use a freely selectable password that complies with our password guidelines. User accounts and all associated content may not be transferred to third parties. The user name and password must also be treated as strictly confidential and must not be made accessible to third parties. If customers suspect that the password has become known to a third party, they must notify Boost4u immediately so that the password can be blocked or changed. In the event of misuse, customers are liable in accordance with the care they exercised. 

3.3 The user must provide a valid email address and agrees to receive legally relevant communications to this email address. By registering, setting up a user account and using the services, the user agrees to the collection, processing and use of their personal data in accordance with Boost4u's data protection regulations. Further information on data processing can be found in Boost4u's data protection declaration (available at https://boost4u.io/datenschutzerklaerung/ ).

3.4 By registering and setting up a user account and using the services, the customer confirms that they have sufficient legal capacity to use the services as agreed in accordance with the provisions of applicable law. People under the age of 18 can only use the services if the consent of a legal guardian is given when the user account is set up.

3.5 If, during the course of a consultation, consultants come to the conclusion that:

- the customer requires further personal advice or treatment for which the platform is not suitable or

- If the customer's advice is not effective, he/she will immediately inform Boost4u of this fact (the “advisor report”). The advisor report is made anonymously, using an abstract user identification number (User ID). In this case, further use of the services by the customer in question is not possible or is only possible to a limited extent.

3.6 Customers can delete their user account at any time without giving reasons.

4. Boost4u Services and Encryption

4.1 Boost4u's services consist, among other things, of (i) arranging contacts between advising users of the platform (hereinafter "advisors") and users of the platform seeking advice (hereinafter "customers"), as well as (ii) providing adequate communication channels for Consultants and customers with regard to the digital use of accompanying consulting services and (iii) if necessary to provide online content (e.g. exercises and education).

4.2 Boost4u guarantees the confidential handling of user data. All direct communication between customers and consultants is encrypted, so that Boost4u – as the operator of the platform – has no access to this communication content (e.g. video calls). This binding confidentiality is ensured by an encryption system (hereinafter “Boost4u encryption”). Through Boost4u encryption, consultants and customers are assigned an individual (access) code/key (the “user key”; OTP) when they register on the platform. All direct communication between customers and their advisors is then carried out exclusively using Boost4u encryption, which ensures confidential exchanges.

More information on the use and processing of the data can be found in the data protection declaration (available at https://boost4u.io/datenschutzerklaerung/ deposited. The disclosure of a user key and its use by Boost4u always requires the personal consent of the customer. Only in cases of acute danger to self and/or others or claims by Boost4u against customers (e.g. non-payment of services) can Boost4u, in coordination with the Boost4u Advisory Board, request the release of a user key to identify the customer.

In this case, the Boost4u advisory board must document the need and purpose of the disclosure and disclose it to the customer concerned.

The Boost4u Advisory Board ensures the quality of the services and drives the scientific development of Boost4u. More information about the Boost4u Advisory Board can be found on the website https://boost4u.io.

5. Rights to Content / Liability for Content

5.1 “Content” is understood to mean all information and data but also media, such as videos, music, sounds, texts, photos, images, graphics, drawings, software, hyperlinks, etc., which are available to the customer (through Boost4YOU SARL (“Boost4u content”) ) or are made available on the platform by consultants (“consultant content”) or which the customers themselves upload or can upload to the platform (“customer content”).

5.2 All rights to content made available to customers (including the design, layout and program code of the website or application and services) lie solely with Boost4u, consultants or third parties who provide the content to Boost4u have licensed. Boost4u grants registered customers the limited, non-exclusive, non-transferable and non-sublicensable right to use the content provided exclusively within the framework of the services and for private use. Customers are not entitled to use the content provided for any other purpose beyond its intended private use.

5.3 Boost4u cannot guarantee that the advisor content is correct, up-to-date, error-free, in accordance with all applicable legal provisions and/or free of third-party rights.

The warranty and liability of Boost4u for damages in connection with the content of the consultant is excluded to the extent permitted by law.

6. Disclaimer of Warranties and Liability

6.1 Boost4u is only liable for itself or its vicarious agents for damages that arise due to gross negligence or intent. In such cases, liability is based on the applicable legal provisions. Liability for damages due to slight negligence, as well as for consequential damages, lost profits, loss of data or other indirect or indirect damages is therefore excluded.

6.2 The limitations of liability agreed in this point 6 apply to both contractual and non-contractual claims. However, liability based on mandatory legal regulations (e.g. personal injury) remains unaffected.

6.3 The Services may contain hyperlinks to third-party websites. If users access third-party websites, they always do so at their own risk.

Such websites are not under the control of Boost4u and users hereby accept that Boost4u is not responsible for the content, functionality, information, accuracy, legality or any other aspect of such external websites.

The inclusion of such hyperlinks does not mean in any way that Boost4u supports the respective websites or is in any way directly or indirectly connected to their operators. Boost4u assumes no liability for damage or loss incurred by the user through or in connection with the use of such hyperlinks or the external websites referenced by these hyperlinks.

6.4 Boost4u can also guarantee that access to the platform is possible at any time, without interruption and without errors. Boost4u is not liable for any short-term interruptions, changes or termination of the Services or any specific functionality.

Boost4u is not liable for disruptions or impairments that are not in the sphere of Boost4u. The user is therefore responsible for regularly updating the software he uses, regular data backups, up-to-date virus protection and effective firewall systems.

6.5 The consulting contract exists between consultants and customers and the consulting service is provided exclusively and only in the relationship between consultants and customers (see point 1.4 above). Liability of Boost4u for all claims arising from the contract concluded between consultants and customers is therefore excluded.

6.6 No warranty can be given for quality defects and connection interruptions that are caused outside Boost4u's technical sphere of influence and for which Boost4u is not responsible.

7. Technical Requirements

7.1 To use the services, internet access and a corresponding end device including a browser or mobile application are required that have the technical capacity to display the platform graphically and have access to the respective app store. When using the services, a significant volume of data is generated, which can cause costs, especially when used on a mobile basis. The customers themselves bear the internet data traffic costs incurred in connection with the use of the services.

7.2 Users are aware that due to the technical nature of the Internet, there can never be complete protection against viruses, Trojans, spyware, etc. Boost4u cannot therefore guarantee this protection.

8. Remuneration, terms of payment

8.1 Boost4u's services are not chargeable, although costs are due for the use of consulting services (consultants to customers). Customers pay these using payment methods (credit card, Paypal, etc.)

The exact payment modalities and the specific contract model are agreed upon on the website/app when the contract is concluded. When registering on the platform, customers agree to the service fee, the underlying pricing model and Boost4u's payment terms and conditions, which can be found below https://boost4u.io/preise , expressly agree. Payment is made via an external payment provider.

8.2 Unless separate payment conditions have been agreed, payment claims are payable immediately upon receipt of the electronic order confirmation by the customer. The invoice amount must be credited to the relevant payee by the due date at the latest.

8.3 Payment by customers is made via a payment provider who only passes on the paying user's data to Boost4u.

8.4 Credit cards and online payment systems (such as Paypal) are used as payment methods.

9. Duration and Termination of Contract

The contract is concluded for a specific period (duration of the direct consulting service).

10. Miscellaneous 

10.1 Any changes and/or additions to these terms of use must be made in writing. This also applies to a waiver of the written form requirement. Email is considered a written form; Notifications from Boost4u to customers are sent to the email address provided by the customer when registering or when updating the user account.

10.2 Only Luxembourgish, European law applies. The exclusive place of jurisdiction, to the extent permitted by law, is the court in Luxembourg with subject-matter and local jurisdiction. The contract language is German or English.

11. Complaints Management 

Customer satisfaction has top priority at Boost4u. If customers are always dissatisfied with the services, they can contact us at any time info@boost4u.io turn around. The employees will contact the customers immediately to work out a solution.