Terms and Conditions

1. Scope

(1) These Terms and Conditions apply to all contracts between MS Digital Technologies, owner Matthias Schilling, Sperlingstr. 2, 91056 Erlangen, Germany (hereinafter “Provider”) and its customers (hereinafter “Customer”) via the website appsolutelyhealthy.com.

(2) The offer is directed exclusively at entrepreneurs within the meaning of Section 14 German Civil Code (BGB). Consumers within the meaning of Section 13 BGB are excluded from use.

(3) Deviating terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing.

2. Services of the Provider

(1) The Provider provides the Customer with digital services in the field of corporate health management (BGM), in particular software and service solutions (e.g. “Premium BGM Suite”) in accordance with the respective current service description on the website.

(2) The Provider may additionally offer consulting services (e.g. via Zoom).

(3) The specific scope of services results from the respective product description or offer during the booking process.

(4) The Provider’s services do not constitute medical or therapeutic treatment and do not replace medical advice. No specific health-related or economic success is owed.

3. Conclusion of Contract

(1) The presentation of services on the website does not constitute a legally binding offer, but an invitation to submit an order.

(2) The contract is concluded as soon as the Customer clicks the button “Book now subject to payment” during the booking process and the Provider confirms the booking by e-mail or activates the service.

(3) In the case of free bookings (e.g. free consultation appointments or trial offers), a contract is concluded as soon as an appointment confirmation is sent by e-mail.

4. Prices and Payment Terms

(1) The prices displayed during the booking process apply.

(2) Unless otherwise agreed, the invoice amount is due for payment within 10 days after the invoice date without deduction.

(3) The Provider is a small business within the meaning of Section 19 German VAT Act (UStG). No VAT is charged or shown.

(4) In the event of default in payment, the statutory provisions apply.

5. Term and Termination

(1) The term of paid services results from the respective offer or booking process.

(2) If a term of 1 year is agreed, the contract ends automatically after expiry of the term unless an extension is expressly agreed.

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

6. Rights of Use / License

(1) For the duration of the contract, the Provider grants the Customer a simple, non-exclusive, non-transferable and non-sublicensable right to use the provided digital services and content within the agreed scope of services.

(2) The Customer is not entitled to reproduce, sell, rent, sublicense, make available to third parties free of charge or for consideration, or otherwise exploit the software or content outside the contractually intended purpose of use.

(3) Reverse engineering, decompilation or any other analysis of the source code is prohibited unless this is mandatorily permitted by law.

7. Appointments / Online Consulting

(1) Agreed consultation appointments are generally carried out online (e.g. via Zoom).

(2) The Customer is responsible for ensuring the technical requirements for participation.

(3) Rescheduling or cancellations are possible. The Provider may send confirmation or change e-mails for this purpose.

8. Customer’s Obligations to Cooperate

(1) The Customer is obliged to provide all information required for the provision of services correctly.

(2) The Customer is responsible for protecting their access data from unauthorized access.

(3) The Customer may use the services only within the framework of the contractual agreement and may not misuse them.

(4) The Customer is obliged to create appropriate backup copies of their own data, insofar as this is technically possible and reasonable.

9. Availability / Maintenance / Service Changes

(1) The Provider endeavors to ensure the highest possible availability of the offered digital services.

(2) The Provider is entitled to carry out maintenance work. This may result in temporary restrictions.

(3) There is no entitlement to a specific availability unless expressly agreed in writing.

(4) The Provider is entitled to further develop the digital services, adapt or change functions, provided that the essential purpose of the contract is not impaired.

10. Suspension of Services

(1) The Provider is entitled to temporarily suspend the Customer’s access if there is reasonable suspicion of misuse or if the Customer violates essential contractual obligations.

(2) The Provider is also entitled to suspend services after prior reminder if the Customer is in default of payment.

11. Liability

(1) The Provider is liable without limitation in cases of intent and gross negligence.

(2) In cases of slight negligence, the Provider shall only be liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.

(3) Liability for lost profits, indirect damages or consequential damages is excluded to the extent permitted by law.

(4) Liability for damages resulting from injury to life, body or health remains unaffected.

(5) The Provider shall not be liable for disruptions or outages caused by external service providers, telecommunications networks or force majeure.

(6) The Provider shall only be liable for data loss to the extent that the damage would have occurred even if the Customer had properly and regularly backed up their data.

12. Data Protection

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

(2) Further information can be found in the privacy policy at: Privacy Policy

13. Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes arising from or in connection with this contract shall be – insofar as legally permissible – the registered office of the Provider.

(3) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(4) These General Terms and Conditions are provided in several languages. The German version shall be exclusively authoritative and legally binding. Translations are provided for better understanding only. In the event of contradictions, discrepancies, or interpretation differences between the language versions, the German version shall prevail.