Terms & Conditions
General Terms and Conditions · DTHgroup
An der Waage 4 · 97264 Helmstadt, Germany
contact@dth-group.com
— hereinafter „the Provider” —
These Terms are a translation of the German original. In the event of any discrepancy, the German version prevails. References to statutory provisions refer to German law.
§ 1 Scope
(1) These General Terms and Conditions apply to all contracts between the Provider and its customers, participants and licensees (hereinafter „the Customer”) who purchase or use digital products, training courses, licences, coaching, community memberships or other services via the websites dth-group.com, colorflowcycle.com or affiliated platforms.
(2) These Terms apply both to consumers within the meaning of § 13 BGB (German Civil Code) and to entrepreneurs within the meaning of § 14 BGB. Where individual provisions apply to only one of these groups, this is expressly indicated.
(3) Conflicting or deviating terms and conditions of the Customer are not recognised unless the Provider expressly agrees to them in writing.
§ 2 Subject matter of the contract
The Provider offers services in the following areas:
- Coaching, consulting & mentoring
- Online courses, continuing education & training programmes (e.g. via the DTHacademy)
- Licensed products (e.g. ColorFlowCycle, EDPlay, HSflow, HRflow, HIflow)
- SaaS products (e.g. HSflow, HRflow, HIflow, S3beleg)
- Memberships & community access (BuddyBoss / MemberPress)
- Digital content (e.g. PDF, audio, video, app and desktop applications)
- Funding programmes (e.g. SomaticColors4School, S3beleg)
These services may be booked individually or in combination. The specific scope of services follows from the respective offer or the separate service description.
§ 3 Conclusion of contract
(1) The contract is concluded as soon as the Customer places a binding booking and the Provider confirms it. In the case of digital products, the contract is deemed concluded once the order has been submitted and payment confirmed.
(2) Access to booked content is granted immediately upon receipt of payment or upon express activation by the Provider.
(3) For online orders placed via the website, the button „order with obligation to pay” (§ 312j BGB) constitutes the binding placement of the order. The Provider confirms receipt of the order by e-mail; unless expressly stated otherwise, this confirmation does not yet constitute acceptance of the offer.
§ 4 Prices, payment & invoicing
4.1 General
All prices are quoted in euros. For consumers, prices are gross prices (including statutory VAT). For entrepreneurs, prices are net prices plus the applicable statutory VAT, unless expressly stated otherwise. Payment is made using the payment methods offered on the website (e.g. Stripe, PayPal or by invoice).
4.2 Payment by invoice
Where payment is made by invoice, the invoice amount is due within 30 days of the invoice date. If payment is not received within this period, the Customer is in default without further reminder (§ 286 (2) no. 1 BGB). The Provider reserves the right to activate access to digital content or licence systems only after receipt of payment. Orders are not cancelled automatically; the Provider grants the Customer a reasonable additional period of at least 14 days before withdrawing from the contract.
Invoices are issued electronically by e-mail. By placing an order, Customers consent to receiving digital invoices.
4.3 Subscriptions and memberships
For recurring services (e.g. community membership), payment is debited automatically via the payment service provider. The subscription is extended by one further month at a time and may be cancelled at any time in text form with effect from the end of the current billing period (§ 309 no. 9 BGB).
4.4 Prices for licence & training offers
Where an offer includes licensing, prices for training and continuing education may be subject to additional licence and support fees for the first licence year. Annual licence and support fees are invoiced separately from the following year onwards.
Price changes for ongoing licence and support contracts are announced by e-mail at least 6 weeks in advance. In the event of a price increase, Customers have the right to terminate the contract in text form with effect from the date the increase takes effect (special right of termination).
4.5 Default interest
In the event of default in payment, the Provider is entitled to charge default interest of 5 percentage points above the base rate (in relation to consumers) or 9 percentage points above the base rate (in relation to entrepreneurs) (§ 288 BGB). The assertion of further damages caused by default remains unaffected.
§ 5 Right of withdrawal & rescission
5.1 Withdrawal instructions
Consumers have the statutory right of withdrawal in accordance with the withdrawal instructions. The model withdrawal form is available there.
5.2 Exclusion of the right of withdrawal for services
For contracts concerning the provision of services (e.g. coaching, online courses, training programmes), the right of withdrawal expires pursuant to § 356 (5) BGB if:
- the Customer has expressly consented, before the service begins, that the Provider start performing the service before the withdrawal period expires, and
- the Customer has confirmed that, by giving this consent, they lose their right of withdrawal upon complete performance of the contract.
5.3 Exclusion of the right of withdrawal for digital content
For contracts concerning the supply of digital content (e.g. downloads, software, licence access), the right of withdrawal expires pursuant to § 356 (6) BGB if:
- the Provider has begun performing the contract,
- the Customer has expressly consented that the Provider begin performance before the withdrawal period expires, and
- the Customer has confirmed that they lose their right of withdrawal by giving this consent.
5.4 Refunds
Refunds of amounts already paid are excluded once access has been validly activated and the conditions of § 5.2 or § 5.3 are met. Insofar as the right of withdrawal has not expired, or has not expired in full, the Customer is entitled to proportionate compensation for value in the case of partial performance pursuant to § 357 (8) BGB.
§ 6 Cancellation of appointments
(1) Booked coaching or supervision appointments may be cancelled free of charge in text form up to 24 hours before the start.
(2) In the event of later cancellation or non-attendance, the full fee is charged. The Customer expressly remains entitled to demonstrate that the Provider incurred no loss or a substantially lower loss (e.g. because the appointment could be filled otherwise or expenses were saved), § 309 no. 5 lit. b BGB.
(3) If the Provider cancels an appointment for good cause (e.g. illness), a replacement appointment is arranged. Where the Provider is responsible for the cancellation, the Customer is entitled to a replacement appointment or a proportionate refund.
§ 7 Licence & usage rights
7.1 Licensed products
Upon acquiring a licence, licensees receive a simple, non-transferable right of use for the respective system model, the software and the training materials for the agreed licence period. Passing on, reproduction or sub-licensing is prohibited without written consent.
Depending on the product booked, the licence covers:
- HSflow, HRflow, HIflow: access to the respective SaaS platform, dashboard, updates, support
- ColorFlowCycle, EDPlay: access to the platform (app/desktop), accompanying materials, updates
- S3beleg: access to the dashboard, impact data and analyses for the agreed term
- Membership/community: access to the community platform for the agreed term
7.2 Content and training materials
All documents, videos, manuals and other materials are protected by copyright. Passing them on to third parties, reproducing them or using them commercially outside the scope of the licence is prohibited. The trademarks HSflow, HRflow, HIflow, ColorFlowCycle, EDPlay, SomaticColors4School and S3beleg, together with all associated materials, remain the property of the Provider.
7.3 Term and termination of licence agreements
Licence agreements with an annual term are not renewed automatically. Renewal requires a separate agreement. Licence agreements may be terminated by either party in text form with one month’s notice to the end of the term. The right to extraordinary termination for good cause remains unaffected.
§ 8 Liability
(1) The Provider is liable without limitation for damage arising from injury to life, body or health resulting from a negligent or intentional breach of duty by the Provider or its vicarious agents (§ 309 no. 7a BGB). This liability cannot be excluded or limited by contract.
(2) The Provider is liable without limitation for damage caused intentionally or through gross negligence, and in accordance with the German Product Liability Act.
(3) For slight negligence, the Provider is liable only in the event of a breach of material contractual obligations (cardinal obligations), the fulfilment of which is essential to the proper performance of the contract and on the observance of which the Customer may regularly rely. In such cases, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion.
(4) Any further liability of the Provider is excluded.
(5) Coaching, training and licensed products do not replace medical, psychological or psychotherapeutic treatment. No promises of healing are made. Responsibility for implementation, application and results lies with the Customers themselves.
§ 9 Data protection
Personal data is processed in accordance with the privacy policy of DTHgroup.
§ 10 Special notices
10.1 Not a health insurance product
ColorFlowCycle and the Provider’s other licensed products are not approved for billing to statutory or private health insurers. They are aimed exclusively at private practitioners, therapists and institutions wishing to use the system as a supplementary, privately billable service.
10.2 German Distance Learning Protection Act (FernUSG)
The training programmes of the DTHacademy are offered as in-person or synchronous online formats without mandatory individual assessments of learning progress. Where individual training formats contain elements that could fall under the German Distance Learning Protection Act (FernUSG), this is expressly indicated in the respective offer. In case of doubt, the Provider recommends clarifying the respective format with her before booking.
10.3 No promise of healing
The Provider does not offer medical or psychotherapeutic treatment. All content serves the personal and professional development of mentally healthy individuals.
10.4 HSflow / HRflow / HIflow – not a medical device
The Flow products of DTHgroup are organisational and sustainability indicator instruments. They are expressly not medical devices and serve neither the medical nor the psychological diagnosis, treatment or assessment of individual persons.
§ 11 Consumer information and dispute resolution
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
§ 12 Amendments to these Terms
(1) The Provider is entitled to amend these Terms for objectively justified reasons (e.g. changes in legislation, expansion of the range of services, decisions of supreme courts).
(2) Amendments are communicated to the Customer by e-mail at least 6 weeks before they take effect. If the Customer does not object to the amendment within 4 weeks of receiving the notification, the amended Terms are deemed accepted. The notification expressly draws attention to this right of objection and to the significance of remaining silent.
(3) In the event of an objection, the Customer has the right to terminate the affected contract with effect from the date the amendment takes effect.
(4) For ongoing contracts, the Terms valid at the time the contract was concluded apply, unless the Customer expressly agrees to the amended Terms.
§ 13 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for disputes with entrepreneurs, legal entities under public law or special funds under public law is Würzburg (§ 38 (1) ZPO). In relation to consumers, the statutory rules on jurisdiction apply.
(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
(4) Contact: questions about these Terms may be addressed at any time to contact@dth-group.com.