General Terms and Conditions of SalutaCoach AG

1. General provisions, definitions

1.1 SalutaCoach AG, Aeschenplatz 6, 4052 Basel (“SC“), offers personal health coaching programs defined by a physical coach (hereinafter“Expert“) and a health coaching platform. SC operates a virtual health coaching platform on the Internet at https://app.salutacoach.com/. This is used for communication and exchange between the expert and the user. These Internet services can also be offered via mobile apps that connect to the same address.

1.2 The terms used in these General Terms and Conditions (“GTC“) have the following meaning:

• User: Recipient of coaching services registered with SC. Underage users must have the consent of their legal representative to conclude the contract.
• Expert: A health coach (personal health coach) who is explicitly invited by a user to be connected to their user profile so that the expert can coach them.

1.3 There are various coaching solutions and subscription options:

• Starter (1 hour introductory coaching)
• 1 month (coaching credit: 2 hours)
• 3 months (coaching credit: 5 hours)
• 6 months (coaching credit: 8 hours)
• 12 months (coaching credit: 20 hours)
• On demand (additional coaching during or after a coaching program)
• InBody analysis

These GTC apply to all coaching solutions and subscription variants of SC. This applies regardless of whether the user obtains the relevant services directly from SC or via a third party (e.g. the user’s employer) and regardless of whether the third party assumes all or part of the financing of the selected coaching solution or subscription option. SC can expand, modify or reduce these offers at any time.

2. Benefits and remuneration

2.1 SC shall provide the following services:

1. Coaching in the areas of sport and exercise, nutrition and stress regulation;
2. Carrying out anamnesis / analysis;

iii. Carrying out tests / check-ups;

1. Communication via WhatsApp, email or other communication channels;
2. Personal coaching sessions (with video/telephone implementation);
3. Providing useful information (newsletters, specialist articles, links, etc.);

vii. Use of a health coaching platform;

viii. Provision of storage space for documentation and information from

1. completed physical activities;
2. logged meals/foods; and
3. Vital data.

The user is entitled to those services (content, scope, number, duration, etc.) that correspond to his chosen coaching solution / subscription variant. The coaching solutions / subscription options offered by SC and the associated services are described in more detail on the website.

2.2 The current prices apply, which can be viewed in the store. All amounts are inclusive of statutory VAT. If services that SC provides for the User are not regulated in the price list, these must be agreed separately.

2.3 SC shall provide the service from the time of an authorized payment. Access to the health coaching platform is granted immediately. Coaching sessions are held by appointment (see section 7).

2.4 SC reserves the right to adjust prices.

2.5 The user acknowledges that SC may pay commissions to experts when they refer new clients or when existing users extend a coaching program.

3. Rights of use

3.1 Users may only use SC’s services for their own purposes, including connection with selected experts. Commercial dissemination or shared use by third parties is not permitted.

3.2 SC will punish violations of contractual provisions (including these GTC) or applicable law with the termination of the entire coaching program and/or exclusion from the health coaching platform. There will be no reimbursement of paid remuneration.

3.3 The user undertakes to ensure that no unauthorized persons gain knowledge of his password. The user shall notify SC immediately if there are indications that unauthorized persons have gained such knowledge. Any liability on the part of SC for damages resulting from unauthorized use is excluded. This applies, for example, in cases where an unauthorized person gains knowledge of a user’s password.

4. Warranty

4.1 SC warrants that the system through which the health coaching platform is made available is free from defects which nullify or reduce its value or suitability for normal use. An insignificant reduction in value or suitability is not taken into consideration. The user acknowledges that it is not possible according to the state of the art to create and operate a system that is completely free of errors and available without interruptions.

4.2 The user must report faults and defects as soon as they are discovered; this report must be accompanied by a specific description of the fault. The user shall provide SC with all documents and information that SC requires to analyze and rectify the defects and shall provide SC with the support required to rectify the defects within the scope of its possibilities.

4.3 SC undertakes to perform the services offered via the health coaching platform faithfully and diligently. These services include in particular Performing medical histories / analyses, health coaching, performing tests, communicating via the health coaching platform and other channels and providing useful information (newsletters, specialist articles, links, etc.). SC does not guarantee that the user will achieve the goals he/she is aiming for through the coaching and/or other services.

4.4 Any other or further warranty of SC is excluded to the extent permitted by law.

5. Data privacy

5.1 SC undertakes to treat data received confidentially and not to disclose it to unauthorized third parties. The user has the option of deleting his user account with all data at any time (subject to the following explanations). If less than 14 days have passed since the user initiated the deletion process, they can still revoke the deletion of their account. After 14 days, his account and all his information will be permanently deleted. After this, the user data can no longer be restored.

5.2 By using the health coaching platform, the user explicitly authorizes SC to use the data, including health data (vital data), which the user has uploaded or connected or made available via other services, to provide the desired service. The user retains all rights to their data.

5.3 A lifestyle adjustment in the areas of exercise & sport, nutrition and stress regulation requires a personal relationship. Direct communication between the user and SC, including, for example, the transmission of current or future exercise and dietary requirements, is required to ensure that the desired service can be offered in the best possible quality. This is offered via messages on the health coaching platform (web and mobile version).

5.4 SC may generate periodic newsletters that discuss coaching intervention methods and communicate its offerings.

5.5 The user can stop the sending of these notifications at any time. Finally, the user can close or delete his account and thus his data at any time. This deletes ALL user data, including planning data and documentation. This is irrevocable, i.e. it can no longer be undone. The only data fields that are retained after the account has been deleted are the surname, first name, e-mail address, language, identification number, payments made and the date the account was deleted. This is the case because the payments made must be allocated in accounting. If the user has not made any payments to SC, all data incl. deleted the ones listed above. As a result, SC can no longer reconstruct whether a user has ever been registered with SC.

5.6 SC can provide interested third parties with anonymized evaluations of the data on request; it is not possible to draw conclusions about individual persons.

5.7 Further information on how SC collects and processes personal data (including health data) can be found in the relevant privacy policy.

6. Availability of the health coaching platform

6.1 SC reserves the right to temporarily restrict or suspend the availability of the health coaching platform. Such restrictions on availability may be caused by force majeure, in particular strikes and lockouts, and technical or other measures that affect the proper or optimized functioning of the health coaching platform.

6.2 Any liability of SC for damages resulting from limited availability is excluded to the extent permitted by law.

7. Dates

7.1 Appointments: Coaching sessions are held exclusively by direct appointment between the user and the expert. Appointments made by telephone, SMS, WhatsApp, coaching platform or e-mail are deemed to be agreements. The expert determines the duration of the coaching when the appointment is made. At the start of the coaching session, the specified coaching duration is deducted from the user’s coaching credit.

7.2 Postponement or cancellation of appointments: Agreed coaching appointments are binding. The user can reschedule or cancel an appointment free of charge up to 72 hours before the agreed appointment at the latest and this can be done directly to the personal expert (by telephone, SMS, WhatsApp, coaching platform or e-mail). If an appointment is postponed or canceled less than 72 hours before the agreed appointment, the coaching is deemed to have taken place and the specified coaching duration is deducted from the user’s coaching credit. If the user does not appear at the agreed time or is unavailable, the coaching is also deemed to have been carried out and the specified coaching duration is deducted from the coaching credit.

7.3 Delay: Delays on the part of the user do not justify any obligation on the part of the expert to provide additional services. If the expert is late, the coaching will be extended by the duration of the delay or, if this is not possible, made up on another date.

7.4 Cancellation: The Expert reserves the right to cancel agreed coaching sessions for an important reason (e.g. illness, accident or other impediments to performance). In such a case, the expert will inform the user as soon as possible and offer an alternative date. The user’s coaching credit remains unaffected by this. In the event of a long-term absence of an expert, it is ensured that the coaching is carried out by another expert.

8. Limitation of liability

8.1 Liability on the part of SC – regardless of the legal grounds – is excluded to the extent permitted by law.

8.2 In the event that SC is liable for the breach of a contractual obligation, the liability is limited to the amount of the remuneration for the respective order (namely the coaching solution or subscription variant selected by the User) to the extent permitted by law.

8.3 SC shall also only be liable for the loss, damage or other impairment of data and programs and their recovery to the extent specified in the preceding paragraphs and only to the extent that this impairment could not have been avoided by the user taking reasonable precautions. The user observes all legal regulations. Should a claim be made against SC by a third party due to legal infringements of any kind, the user shall indemnify SC against such claims and undertakes to bear all costs arising therefrom.

8.4 THE USER UNDERSTANDS THAT SC DOES NOT PROVIDE MEDICAL ASSISTANCE THROUGH THE SITE. The user declares that he uses the services of SC at his own risk. The information provided by SC is not a substitute for consulting a doctor. SC points out in particular that the exercises listed in the training programs can lead to injuries. The user is obliged to complete the integrated PARQ (physical activity readiness questionnaire) carefully and truthfully and, depending on the result, to consult a doctor before using the program.

8.5 THE TRANSMISSION AND RECEIPT OF ALL OR PART OF OUR CONTENT, AS WELL AS COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHERWISE, DOES NOT CREATE OR EFFECT A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL-PATIENT RELATIONSHIP BETWEEN THE USER AND SC.

8.6 The User indemnifies SC against all claims in connection with claims made by the User against third parties (e.g. experts or doctors) acting on the User’s behalf and for the User’s account. Any liability on the part of SC for the conduct of third parties – regardless of the legal grounds – is excluded to the extent permitted by law.

9. Duration and termination of the contract

9.1 The duration of the contract depends on the selected coaching solution or subscription variant. In the case of a coaching solution or subscription that is concluded for a specific duration, the contract ends automatically at the end of this duration. Early termination is only possible for good cause.

9.2 Upon termination of the contract, SC is released from any obligation to perform and any services not used by the User (including any remaining coaching credit) are forfeited. Payments are non-refundable and no refunds or credits will be given for unused benefits (such as unused coaching credit).

10. Changes to the GTC

10.1 SC reserves the right to amend these GTC at any time. If you do not agree with the GTC, please do not use the services of SC (including the health coaching platform and any other offers). BY CONTINUING TO USE THE SC OFFER, THE USER CONFIRMS THAT HE/SHE AGREES TO THE CHANGES TO THESE TERMS AND CONDITIONS AND THEIR REVISIONS.

10.2 The validity of these GTC shall not be affected by the fact that SC gives individual business areas, in particular segments on the health coaching platform, new names, provided that the content otherwise remains essentially unchanged.

11 Jurisdiction agreement, applicable law, miscellaneous

11.1 The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship (including the GTC) between SC and the User is, as far as legally permissible, Basel. SC may choose to enforce its claims at the user’s place of residence.

11.2 The contractual relationship between SC and the User, including the GTC, is governed exclusively by Swiss law.

11.3 Should one or more provisions of these GTC be or later become invalid or unenforceable in whole or in part, this shall not affect the validity of the remainder of the GTC. The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the original provision. The same applies if there is a loophole in these GTC. In this case, in order to close the loophole, a legally permissible provision shall be added which is consistent with the other provisions of the GTC in terms of its economic purpose.

Status of these GTC: [12/23]