Terms
These general terms and conditions (the “Terms”) govern the use of the website of ELESSAR and of the web application AENEA, as well as the paid contracts concluded through them.
The content and functions of the platform serve exclusively for information, orientation, reflection and health education. They do not replace medical advice, diagnosis or treatment (see § 2(2)).
Provider and scope
The provider of the AENEA platform and of the ELESSAR website is ELESSAR UG (haftungsbeschränkt), Auf der Mauer 2, 34431 Marsberg, Germany, email: hello@elessarhealth.com (the “Provider”).
These Terms apply to the use of the website, of the web application AENEA, of the digital content and functions contained in it, as well as to all paid contracts concluded through them between the Provider and the using person (the “User”).
Deviating or supplementary terms of the User do not become part of the contract unless the Provider expressly agrees to their application.
Subject of the services
The Provider makes available a digital platform with which Users can record health and wellbeing habits (check-ins), view a summary orientation value and trends, receive AI-assisted guidance from the companion “GAIA” and, within the scope of the corresponding plans, use team functions and editorial content (“Research”).
All content, AI-assisted guidance and Research articles serve exclusively informational, educational, reflective and preventive purposes. They do not constitute and do not replace medical treatment, diagnosis, emergency care or individual medical advice. In the event of health complaints or questions, qualified medical professionals must be consulted; in emergencies, the medical emergency service or the ambulance service must be contacted.
The specific scope of functions depends on the plan selected in each case (§ 4) and on the service description applicable at the time in the application.
Registration and user account
The use of essential functions requires the creation of a user account. When registering, the User must provide truthful information and must treat their access credentials as confidential.
The account is not transferable. The User is responsible for activities carried out through their account, insofar as they are responsible for them.
The User can delete their account at any time using the “Delete account” function provided in the application. Details of the data processing are set out in the privacy policy.
Plans, prices and conclusion of contract
The Provider offers a free plan as well as paid plans. The plans, service content, prices and value added tax details applicable at the time of the order are displayed in the respective ordering process.
The following plans are currently offered in particular:
- Free: free plan with basic functions.
- Pro Monthly: subscription billed monthly with the full scope of functions.
- Pro Annual: subscription billed annually with the full scope of functions.
- Team Monthly: team subscription billed monthly for up to ten Users (see § 11).
- Team Annual: team subscription billed annually for up to ten Users (see § 11).
The conditions displayed in the ordering process are decisive in each case.
The contract is concluded when the User completes the ordering process and the Provider confirms the order or provides access. Payment is processed through the payment service provider Stripe; the User is forwarded to the Stripe payment environment (Stripe Checkout) in order to pay. After successful payment, access is enabled and the User is taken into the application. Complete payment means data is not stored by the Provider.
Term and termination
Subscriptions (Pro Monthly, Pro Annual, Team Monthly, Team Annual) run for the period stated in the ordering process and are renewed in accordance with the conditions displayed there, unless they are terminated in due time.
The User can terminate their subscription using the function provided in their user profile in the application; for this purpose they are forwarded to the customer portal of the payment service provider Stripe (Stripe Customer Portal). Statutory termination rights remain unaffected.
The free plan can be ended at any time by deleting the account.
Right of withdrawal
Consumers have a statutory right of withdrawal. The details are set out in the separate withdrawal instructions. In the case of digital content and digital services, the right of withdrawal may expire early under the conditions stated there.
Rights of use and intellectual property
All content, software, texts, trade marks, logos, designs and other components of the platform are protected by copyright and trade mark law and remain with the Provider or with the respective rights holders.
For the duration of the contract, the Provider grants the User a simple, non-transferable right to use the platform within the contractually intended scope for their own non-commercial purposes.
Content that the User enters themselves (for example check-ins, notes, chat input) remains with the User. The User grants the Provider the rights of use required in order to provide the service, in particular for storage, processing and display. The details are governed by the privacy policy.
Availability, changes and technical adjustments
The Provider endeavours to achieve high availability of the platform but does not owe uninterrupted availability. Maintenance work, disruptions outside the Provider’s sphere of influence and force majeure may restrict availability.
The Provider is entitled to develop the platform further and to adjust, supplement or discontinue functions, insofar as this is reasonable for the User and the core contractual benefit is not lost. In the case of paid services, material adverse changes are announced in good time; statutory rights of the User remain unaffected.
The AI functions used may vary in content and quality; their results are not free of errors and do not replace professional assessment.
Obligations of the user
The User undertakes not to use the platform improperly, in particular not to post unlawful content, not to circumvent security mechanisms, not to carry out automated mass access without permission and not to infringe the rights of third parties.
The User ensures that they are entitled to enter the data they provide.
In the event of breaches, the Provider may restrict access temporarily or permanently; further claims remain unaffected.
Liability
The Provider is liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health and under the German Product Liability Act.
In cases of ordinary negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the User may regularly rely; in such cases liability is limited to the damage typical for the contract and foreseeable.
Otherwise liability is excluded.
Because the content and AI guidance serve exclusively informational, educational, reflective and preventive purposes (§ 2(2)), the Provider accepts no liability for decisions that the User takes solely on the basis of that content. Responsibility for health-related decisions remains with the User or with the medical professionals consulted.
Team functions
Under the team plans (Team Monthly, Team Annual), a team administrator can invite further Users. The team administrator is responsible for the lawful involvement of the invited persons.
Team analyses are provided exclusively in anonymised and aggregated form; individual data of individual members is not visible to the team administrator. The details are governed by the privacy policy.
If the contract is concluded by a trader, the consumer protection provisions, in particular the right of withdrawal, do not apply.
Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; for consumers, mandatory protective provisions of their state of residence remain unaffected.
The European Commission’s platform for online dispute resolution (ODR) ceased operation on 20 July 2025; Regulation (EU) No 524/2013 was repealed with effect from that date by Regulation (EU) 2024/3228, and with it the duty to refer to that platform. The Provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not participate in such proceedings.
Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.