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General Terms and Conditions (GTC) of GoEcoFit GmbH

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§ 1 Scope of Application

These General Terms and Conditions (GTC) apply to all contracts between GoEcoFit GmbH (“Provider”) and its business customers (“Customer”) regarding the use of the GoEcoFit Platform. Deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing.

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§ 2 Subject Matter of the Contract

  1. The Provider provides the Customer with a digital SaaS platform for corporate health management, micro-learning, and ESG impact (“GoEcoFit Platform”).

  2. The platform includes, among other things, functions such as activity tracking, AI coach, micro-learning, gamification, internal communication, and reporting.

  3. The specific scope of services results from the respective agreed package or contract. Additional modules and integrations can be booked separately.

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§ 3 License of Use and Intellectual Property

  1. The Customer is granted a simple, non-transferable right of use to the platform for the duration of the contract.

  2. All rights to software, trademarks, logos, content, concepts, and designs remain with the Provider.

  3. Forwarding, sublicensing, or making the platform publicly accessible is not permitted.

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§ 4 Duties of the Customer

  1. The Customer shall ensure that only authorized users (e.g., employees) gain access to the platform.

  2. The Customer undertakes not to misuse the platform, in particular not to use it for unlawful content or to infringe the rights of third parties.

  3. The Customer is responsible for the legality of the data uploaded by them.

 

§ 5 Third-Party Providers and Integrations

  1. The GoEcoFit Platform may be connected with services and devices from third-party providers (e.g., wearables, Apple Health, Garmin, Fitbit).

  2. The Provider assumes no warranty for the availability, accuracy, or security of third-party services.

  3. Disruptions caused by third-party providers are not the responsibility of the Provider.

 

§ 6 Remuneration and Payment Terms

  1. Remuneration is based on the agreed pricing structure (e.g., per user, per month, annual flat rate).

  2. Invoices are payable within 14 days without deduction unless otherwise agreed.

  3. The Provider is entitled to adjust prices with six weeks’ notice. If the Customer does not object within 14 days of notification, the new prices shall be deemed accepted.

 

§ 7 Availability and Support (SLA)

  1. The Provider ensures availability of the platform of 98% on an annual average, excluding announced maintenance periods.

  2. Maintenance windows are announced at least 48 hours in advance.

  3. Support requests are answered within 24 hours on business days.

 

§ 8 Liability and Medical Disclaimer

  1. The Provider shall be fully liable for intent and gross negligence.

  2. In cases of simple negligence, the Provider shall only be liable for breaches of essential contractual obligations (cardinal duties) and limited to foreseeable damages.

  3. Liability for loss of profit or consequential damages is excluded to the extent permitted by law.

  4. Medical Disclaimer: The GoEcoFit Platform serves exclusively for prevention and the promotion of health. It is not a substitute for medical advice, diagnosis, or treatment. In case of health complaints, consultation with a physician is recommended.

 

§ 9 Data Protection and Data Security

  1. The Provider processes personal data exclusively in accordance with applicable data protection laws (in particular GDPR).

  2. The Customer remains the data controller within the meaning of Art. 4 (7) GDPR for the data they provide.

  3. For processing of personal data on behalf of the Customer, a separate data processing agreement (DPA pursuant to Art. 28 GDPR) shall be concluded.

  4. The Provider undertakes to comply with appropriate technical and organizational measures (TOMs) to ensure data security.

 

§ 10 ESG and Impact Services

  1. Within the scope of the platform, the Provider may have ESG and impact services (e.g., tree planting, plastic reduction) carried out by external partners.

  2. Execution depends on the capacities and conditions of the partners. Deviations from announced measures are possible, provided the overall impact remains comparable.

  3. The Provider documents the services to the best of its knowledge but does not guarantee external factors (e.g., natural events, partner changes).

 

§ 11 Term and Termination

  1. Contracts are concluded for the agreed term.

  2. Unless otherwise agreed, the contract shall automatically renew for 12 months if not terminated with three months’ notice prior to the end of the term.

  3. The right to extraordinary termination for good cause remains unaffected.

 

§ 12 Amendments to the GTC

The Provider is entitled to amend these GTC insofar as the amendments are reasonable for the Customer. The Customer will be informed at least six weeks before they take effect. If the Customer does not object, the amendments are deemed accepted.

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§ 13 Final Provisions

  1. Exclusively German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  2. The contractual language is German. An English version of these GTC may be provided; in case of doubt, however, the German version shall prevail.

  3. The place of jurisdiction for all disputes arising from or in connection with this contract shall – to the extent legally permissible – be the registered office of GoEcoFit GmbH in Regensburg, Germany.

  4. Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected.

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