Last update of the terms of use: 06. Oktober 2026
Terms of Use hiLuno®
These Terms of Use apply to the use of the service and access to this application, and any other related agreement or legal relationship with the Provider in a legally binding manner. Defined terms are listed in the relevant section of this document. Users are requested to take careful note of this document.
Provider:
medigital GmbH
Medice-Allee 1
58638 Iserlohn
Authorised representative:
Dr. Felix Lambrecht (Managing Director)
E-mail address: info-medigital@medice.de
The most important facts at a glance
The service / this application is available exclusively to consumers.
The right of withdrawal is available only to European consumers.
Access to this application and the service is age-restricted and is only available to Users of legal age according to applicable law.
How this application works
hiLuno® is a digital health application (DiGA) in the form of a guided, digital self-help programme for parents and guardians of children with ADHD and non-organic sleep problems aged approximately 4 to 11 years. The application offers psychoeducational content, personalised training plans, sleep tracking, bedtime routines and further interactive features. By using the application, guardians learn to adapt sleep-related behaviours and framework conditions together with their child. The aim is to improve sleep or sleep satisfaction and to ease everyday family life — not to treat the core symptoms of ADHD itself. [TBD]
hiLuno® is based on evidence-based elements of cognitive behavioural therapy for insomnia (CBT-I), sleep hygiene and behavioural parenting strategies. [TBD]
Users register in the application with their e-mail address and a self-chosen password and confirm registration by entering an additional e-mail verification code. For DiGA users, authentication via GesundheitsID or Passkey is additionally required. [TBD]
Terms of use
Unless otherwise stated, the terms and conditions listed in this section apply when accessing this application.
Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly stated in this document.
By using the service, Users confirm that they meet the following conditions:
- Users must be acting as consumers
- Users must be of legal age as defined by the laws applicable in their jurisdiction
- Users are not located in a country that is subject to a US government embargo or that has been designated by the US government as a "terrorist-supporting country"
- Users are not listed on any US government list of unauthorised or restricted parties
Creating an account
In order to use the service with an activation code via prescription, when purchasing via a payment service (e.g. Stripe), or in the context of a study, Users must create a user account during registration by providing all required data completely and truthfully, and — when using as a DiGA — redeem the individual activation code. Use of the service via prescription is only available to registered Users with a valid activation code.
The User is obliged to implement appropriate technical and organisational measures on the end devices used to ensure data security. This includes in particular:
- regular updating of the device software,
- choosing a secure access password that meets the highest possible security requirements available via this application.
In addition, authentication is required for access to the application as a DiGA user. This is carried out via GesundheitsID or Passkey. Authentication in this form is required by law and serves to protect sensitive health data. [TBD]
When registering, Users agree to be responsible for all actions taken in connection with their Username and password. Users are obliged to inform the Provider immediately and completely via the contact details provided in this document if they believe that their personal data, including User account and access data, has been violated, unlawfully disclosed or stolen.
The Provider assumes no liability in the event of unauthorised access by third parties if such access occurs on the User's side. The User must notify the Provider immediately of any third-party access or other misuse of their login data of which they become aware and change the password. In the event of misuse, the Provider is entitled — but not obliged — to immediately block the access concerned or to take other suitable security measures at its own discretion.
Conditions for creating a user account
The creation of a user account is subject to the following conditions. By registering, the User agrees to abide by these conditions.
The creation of User accounts by bots or other automated methods is not permitted. Unless otherwise stated, each User may only create one account.
Terminating the User account
User accounts can be deleted at any time as follows:
- Using the account deletion function available via this application.
- By contacting the Provider directly using the contact details provided in this document.
- Via the following website: [TBD]
Blocking and deleting the User account
The Provider reserves the right to block or delete User accounts that it deems inappropriate or offensive or that it believes violate these Terms of Use — at its own discretion at any time and without prior notice.
The blocking or deletion of User accounts for reasons for which the User is responsible does not give rise to any claims for damages, indemnification or reimbursement on the part of the User.
The blocking or deletion of accounts due to reasons for which the User is responsible does not release the User from the obligation to pay agreed fees or prices.
Content available via this application
Unless otherwise stated or clearly evident, all content available via this application is the property of the Provider and is provided by the Provider or its licensors.
The Provider shall make every effort to ensure that the content made available via this application does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result. In such cases, Users are requested to raise their concern preferably via the contact details provided in this document. The right to enforce any claims in (or out of) court remains unaffected by this.
Rights to the content available via this application
All rights to the content of this application and the services offered via it are reserved by the Provider and protected by copyright, trademark and labelling law. The provision and naming within the scope of these Terms of Use does not constitute a waiver of these rights. The Provider expressly reserves all rights to which it is entitled under the law against unfair competition, copyright law, trademark law or other laws, which protect all components associated with the service, such as the website, services, products or parts thereof. This applies in particular to rights to published texts, the design of the website or individual services and the logo used. Any reproduction or use of such content, texts, images, graphics and multimedia documents in other electronic or printed publications is not permitted without the prior express written consent of the Provider. The same applies to third parties to the extent that they hold copyrights or other rights to the content of the service.
Users may only use the content to the extent that this is necessary or — even implicitly — intended for the proper use of the service.
In particular, Users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, redesign, publish, transfer to third parties, sell or license the content, or enable third parties — even without the User's knowledge — to perform the aforementioned actions via their own device.
Where expressly indicated via this application, the User may download, reproduce and/or distribute selected content available via this application for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the Provider are correctly affixed. Legal restrictions or exceptions remain unaffected by this.
Content from Users
Users have the option of uploading their own content to this application, sharing it via this application or making it available.
By uploading, sharing or providing their content as described, Users assure that they are authorised to do so and that they are not violating any legal provisions or the rights of third parties.
Details of permitted content are specified in the relevant section of these Terms of Use.
By uploading their own content to this application, Users grant the Provider a non-exclusive, spatially and temporally unlimited, free, irrevocable, sublicensable and transferable right to access the content and to use and store the content in order to provide its own service.
Access to external resources
Users may access external resources provided by third parties via this application. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability. The conditions under which such resources provided by third parties are available and under which rights of use to such content are granted, if applicable, result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.
Permitted use
This application and the service may only be used as intended and in accordance with these Terms of Use and the applicable statutory provisions.
Users are responsible for ensuring that their access to this application and/or their use of the service does not violate any legal provisions, regulations or third-party rights.
Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, including denying Users access to this application or the service, terminate contracts, report to the competent authorities — such as judicial or administrative authorities — any objectionable actions taking place via this application or the service, if Users are proven or suspected to have committed the following actions and/or violated applicable laws, in particular:
- store, publish and/or transmit content that is harassing, offensive, harmful to minors or otherwise unlawful; that infringes the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights; that represents manipulated content; that violates the relevant rules of conduct of our service; that is to be treated confidentially, e.g. third-party business secrets; that is likely to lead directly or indirectly to physical injury or damage to property, such as corresponding instructions for action;
- impersonate another person within the programme, e.g. a public official, our representative, or feign a non-existent relationship with such persons, falsify Usernames or otherwise manipulate identifiers and/or disguise the origin of any content transmitted as part of the offer;
- store, publish and/or transmit advertising, junk or mass e-mails, chain letters, pyramid schemes or other commercial communications;
- use scraping or similar techniques to compile, repurpose, republish or otherwise exploit content;
- employ techniques or use automated or other services designed to misrepresent User activity, such as through the use of bots, botnets, scripts, apps, plug-ins, extensions or other automated means to register accounts, play content, send messages, post comments or otherwise act;
- harass, threaten, insult, defame, disparage or discriminate against any natural person or legal entity or company on the grounds of sex, race, religion or beliefs, or make or disseminate untrue facts about any natural person or legal entity or company;
- collect, store or transmit personal data about other Users unless the persons concerned have given their consent;
- post links to third-party content that violate the provisions of these Terms of Use or other legal provisions.
Software licence
All rights to the software or the technical solutions on which this application is based, or which are embedded, integrated or connected to it, belong exclusively to the Provider and/or its licensors.
Provided that the User complies with these Terms of Use and notwithstanding any deviating provisions of these Terms of Use, the Provider only grants the User a freely revocable, simple, non-sublicensable and non-transferable right to use the software and/or other solutions integrated in the service within the scope and for the purposes of the intended use of the service offered.
In particular, Users are not granted any right to access the source code or to use or pass on the source code. Rights to all procedures, algorithms and technical solutions contained or integrated in the software and all associated documentation are the exclusive property of the Provider or its licensors.
All rights granted and licenses issued shall automatically lapse upon termination of the agreement regardless of the reason for such termination.
Provision of digital content
Unless otherwise stated, digital content purchased via this application shall be downloaded to the devices selected by the Users.
Users acknowledge and accept that the devices intended for downloading and/or using the product may need to meet the technical requirements described in more detail on the service (this application).
Users acknowledge and accept that the ability to download the product may be limited in time and space.
Conclusion of contracts
By providing the activation code or pressing the "Pay" button, the contract is concluded and the User agrees to the application of these Terms of Use.
Privately insured persons and self-payers
When using the app as a privately insured person or self-payer, the chargeable activation code may be purchased via the payment service provider Stripe. The term begins when the chargeable content is made available by providing the purchased activation code. Billing is handled via the online payment service Stripe of Stripe, Inc. The terms of Stripe apply: https://stripe.com/de/legal/consumer. To use the service, the User must be at least 18 years of age. [TBD]
Prescription
For use of the app as a person with statutory health insurance, the User receives the activation code from the statutory health insurance fund following a corresponding prescription by a physician/psychotherapist.
For use of the app, in addition to the e-mail address, a secure, self-chosen password must be provided and confirmed, and one of the available two-factor authentication methods (GesundheitsID, Passkey) must be selected for secure confirmation of identity. [TBD]
For registration and use of the app's functions, it is required that the User consents to data processing.
In the event of successful completion, the User receives an e-mail with the Terms of Use and the withdrawal information as well as the contact details of customer support.
Services of the Provider
Unless otherwise stated in the Provider's specific offer, the Provider's obligation under a validly concluded (chargeable) contract during the term of the subscription or during the duration of the prescription is limited to providing the programme or the chargeable content via the app.
Due to licensing requirements, the User may not be able to use the content outside the country in which the contract was concluded or may not be able to use it in full.
Please note that using the app may involve the use of third-party services (e.g. the User's Internet provider). This may result in additional fees for the User. The connection speed of the respective telephone network or Internet connection can also have an influence on the quality of use.
For the subscription version as a self-payer or privately insured person, the Provider reserves the right to temporarily suspend the provision of the app content in whole or in part, in particular if the User fails to meet payment obligations or there is a breach of these Terms of Use. The Provider is only obliged to make the content available to the User again to the contractually agreed extent once the outstanding subscription fees have been paid in full or the breach of contract and its consequences have been remedied.
In the context of use of the free version of the app, the Provider is entitled to freely revoke this right of use and to have the app uninstalled; this applies in particular:
- in the event of technical malfunctions of the app;
- in the event of compatibility problems with other applications;
- or in the event of breaches by the User of these Terms of Use or the terms of use of the store operator.
Subscriptions & fees for subscriptions
Ordering a subscription is carried out as described. If an end of term is expressly stated for a subscription, the subscription ends at the end of the stated term.
The fees for subscriptions are to be taken from the Provider's current offer at the time of conclusion of the contract — subject to later adjustments. Unless expressly stated otherwise, fees always relate to the term of the subscription period of 90 days.
In order to continue offering Users the desired subscription even in the event of rising costs, e.g. for production or licensing, the Provider reserves the right to make an appropriate change to the content or the price. In individual cases, the subscription may be discontinued. The User will be informed by the Provider separately and in good time in advance of such cases and will be advised of any special right of termination that may exist. During a currently running and already paid subscription period, changes by the Provider for the aforementioned reasons are excluded.
Extraordinary termination by the Provider is possible in particular if the User makes abusive use of the service or culpably breaches material contractual obligations in the course of use.
Right of withdrawal
Provided there are no exceptions, the User may withdraw from the contract within the period specified below (usually 14 days) without giving reasons. This section provides Users with more information about the withdrawal conditions.
Who has the right of withdrawal
Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They may withdraw from the contract within the period applicable to their case without giving reasons. This right of withdrawal applies unless exceptions are listed below.
The rights set out in this section do not apply to Users who are not acting as European consumers.
Exercising the right of withdrawal
To exercise the right of withdrawal, the User must notify the Provider of their decision to withdraw by means of a clear and unambiguous declaration.
For this purpose, Users may use the sample withdrawal form provided at the end of this document. However, Users are free to express their decision to withdraw by means of an unambiguous declaration in another suitable manner. To meet the withdrawal deadline, the User must submit the declaration before the withdrawal period expires.
When does the withdrawal period expire?
When digital content is purchased that is not provided on a physical medium, the withdrawal period ends 14 days after the day the contract is concluded, unless the User has agreed pursuant to § 356 (5) BGB to the early commencement of the contract and thus that the right of withdrawal expires from that point in time.
Effects of the withdrawal
Users who duly withdraw from a contract shall be refunded all payments made to the Provider, including delivery costs where applicable.
However, the Provider is not obliged to reimburse additional costs if the User has chosen a type of delivery other than the least expensive standard delivery offered by the Provider.
The refund shall be made promptly — no later than 14 days after the day on which the Provider is informed of the User's decision to withdraw from the contract. The Provider shall make the repayment using the same means of payment used by the User for the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.
Indemnification
To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Provider as well as its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from and against any claim or demand — including, but not limited to, attorneys' fees and costs — made by any third party arising from or related to any criminal use of or connection with the service, violation of these Terms of Use, any infringement of third-party rights or legal provisions by the User or any actions committed by the User's affiliates, officers, directors, agents, co-branders, partners and employees.
Limitation of liability for User activities via this application
The User acknowledges and agrees that the Provider supplies the User only with the technical infrastructure and functionality on the service (this application).
The Provider does not mediate, supervise, promote, moderate or otherwise intervene in any interactions, agreements or transactions between Users. The Provider therefore assumes no liability for such interactions between Users. This includes the fulfilment of Users' obligations.
Limitation of liability
Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, Users have no right to claim damages from the Provider (or any natural person or legal entity acting on its behalf).
This does not apply to damages to life, health or physical integrity or damages due to the breach of an essential contractual obligation, such as an obligation absolutely essential for achieving the purpose of the contract and/or damages due to intent or gross negligence, provided that this application has been used properly and correctly by the User.
Unless damages were caused intentionally or through gross negligence or adversely affect life, health or physical integrity, the Provider shall only be liable for the amount of damages typical and foreseeable at the time the contract was concluded.
In particular, within the aforementioned limits, the Provider is not liable in the event of slight negligence for:
- any loss of business opportunities and any other loss — including indirectly — that may be suffered by the User (such as loss of trade, loss of revenue, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of the service (this application) when such interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the Provider, such as, but not limited to, failures or interruptions of telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the supply of third-party products, services or applications;
- any losses, unless they are the direct result of a breach of the Terms of Use by the Provider; any damage, impairment or loss caused by viruses or other malware contained in or associated with files available for download from the Internet or via this application. Users are responsible for using sufficient security measures — such as anti-virus programs — and firewalls to prevent such an infection or attack and for making backup copies of any data or information exchanged or uploaded via this application.
Website and service availability and customer support
The service is provided with an annual availability of 95.00%. Excluded from the aforementioned availability are (a) the following maintenance windows: (aa) daily maintenance windows (in particular also for the performance of updates and upgrades) from 02:00–06:00 in the morning (CET) as well as (bb) announced maintenance windows that are announced with a lead time of at least 2 working days, do not last longer than two hours each and do not exceed 6 hours per month; (b) periods of unavailability due to circumstances beyond the Provider's control, including force majeure, and (c) periods of unavailability insofar as and to the extent that these were caused by the User including their hardware and software or their telecommunications provider.
(2) The Provider may or must also restrict access if this is necessary for the security of network operations or for maintaining network integrity, in particular to avoid serious disruptions to the network, software or stored data; these times are also not taken into account when calculating availability. The Provider shall inform the User of the circumstances after the corresponding restriction.
(3) The medigital website may not be accessible worldwide. Accessibility may be restricted in certain countries or networks.
(4) Customer service via e-mail is continuously available at kinderschlaf@medice.de. A reply is usually sent on working days within 48 hours after the e-mail is received on the Provider's server.
No waiver
If the Provider fails to assert a right under these Terms of Use or to enforce a provision of these Terms of Use, this shall not constitute a waiver of such a right or provision. No waiver shall be deemed to be an ongoing or permanent waiver.
Service interruption
To ensure the best possible service, the Provider reserves the right to interrupt the service for maintenance, system updates or other changes. It shall inform Users appropriately.
Within the framework of the statutory provisions, the Provider may also decide to suspend or terminate the service completely. In the event that the service is terminated, the Provider shall work with Users to enable them to delete personal data or information or to transfer it to a body designated by the User in accordance with applicable law.
In addition, the service may be unavailable for reasons beyond the control of the Provider, such as due to "force majeure" (e.g. industrial action, infrastructure breakdowns, power failures, etc.).
Resale
Users may not reproduce, duplicate, copy, sell, resell or exploit this application and service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller program.
Privacy policy
All information on the processing of Users' personal data can be found in the associated privacy policy of the service/application.
Intellectual property rights
Without prejudice to more specific provisions of these Terms of Use, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the service (this application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, trade names, illustrations, images or logos appearing in connection with the service (this application) are and shall remain the exclusive property of the Provider or its licensors and are subject to protection under applicable law or international treaties relating to intellectual property.
Amendments to these Terms of Use
The Provider reserves the right to change or otherwise modify these Terms of Use at any time. In this case, the Provider shall inform the User in an appropriate fashion regarding these changes.
Such changes shall only affect the future relationship with the User.
By continuing to use the service, the User accepts the amended Terms of Use. If Users do not wish to be bound by the changes, they must stop using the service. If the revised terms and conditions are not accepted, either party may terminate the contract.
For the relationship prior to the acceptance of the changes by the User, the respective previous version of the Terms of Use shall apply. The User can obtain any previous version of the Terms of Use from the Provider.
If required by applicable law, the Provider shall specify the date from which the amended Terms of Use shall apply.
Assignment of rights and obligations
The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these Terms of Use, taking into account the legitimate interests of the User. The provisions on amendments to the Terms of Use shall apply accordingly.
Users may not assign or transfer their rights or obligations under the Terms of Use in any way without the written consent of the Provider.
Contacts
All communications relating to the use of the service (this application) must be sent to the contact details provided in this document.
Severability clause
Should any provision of these Terms of Use be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
EU Users
Should any provision of these Terms of Use be or be deemed ineffective, or be or be deemed invalid, the parties shall use their best endeavours to reach an amicable agreement on valid and enforceable provisions to replace the ineffective, invalid or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, insofar as this is permissible or provided for under the applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these Terms of Use shall not result in the nullity of the entire agreement, unless the provisions in question are essential to the contract or of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining conditions would lead to unreasonable hardship for one of the parties, the nullity of the individual provision shall result in the nullity of the entire agreement.
Applicable law
These Terms of Use are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, the mandatory provisions of the law of the state in which he has his habitual residence shall also apply to this contract.
Exception for European consumers
Irrespective of this, for Users who act as European consumers and have their habitual residence in a country in which the law provides for a higher standard of consumer protection, that higher standard shall apply.
Place of jurisdiction
The courts of the place where the Provider has its registered office — as indicated in this document — shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms of Use. If the contractual partner is a consumer, jurisdiction shall be established at the court in whose district the consumer's place of residence, habitual residence or place of employment is located.
Amicable dispute resolution
Users can address all disputes to the Provider, which shall attempt to resolve them amicably.
The User's right to take legal action remains unaffected at all times. However, in the event of any dispute regarding the use of the service (this application) or the service, the User is requested to contact the Provider using the contact details provided in this document.
The User may send the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the e-mail address of the Provider indicated in this document.
The Provider shall promptly process the request within 14 days of receipt.
Definitions and legal information
This application (or this application)
The application that enables the service to be provided. The application is called "hiLuno®".
Agreement: Any legally binding or contractual relationship between the Provider and User governed by these Terms of Use.
European (or Europe): Refers to any User who is located within the EU or whose place of business is within the EU, regardless of nationality.
Provider (or We)
The natural person(s) or legal entity (entities) making this application and/or service available to Users.
Product
A good or service offered for purchase via this application, such as physical goods, digital files, software, booking services, etc. The offering of products may be part of the service defined above.
Service
The service provided by this application as described in these Terms of Use and on the service (this application).
Terms of Use
All terms and conditions applicable to the use of the service as described in this document and/or to this application, including any related documents or agreements, as amended from time to time.
User (or you)
Any natural person or legal entity that uses this application.
Consumer
Any User who uses goods or services for purposes that are outside their trade, business, craft or profession.
Iserlohn, [TBD]
Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
- To: medigital GmbH, Medice-Allee 1, 58638 Iserlohn, E-mail: kinderschlaf@medice.de
- I/We () hereby give notice that I/we () withdraw from my/our () contract of sale for the following goods ()/for the provision of the following service (*)
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
(*) Delete as appropriate.