Cooperation Agreement for Agencies

This Cooperation Agreement is concluded between BGGI GmbH, Rostocker Straße 43, 53117 Bonn, register court Amtsgericht Bonn, HRB 26753 (“BGGI”), operator of the “Love Your Life” platform, a brand of BGGI GmbH, and the agency that accepts it digitally via the platform (the “Agency”).

The subject matter is the Agency's services under § 5 paragraph 1 — support, translation, interpreting services, visa and travel organisation, case support and administration — for patients who are supported via the “Love Your Life” platform, and the remuneration for these services. The Agency creates the patients it supports on the platform and accompanies them throughout the process.

If the Agency concludes an agreement for active agents with BGGI, that agreement replaces this Cooperation Agreement in accordance with its own terms. If the Agency is attached to another agency as a sub-agency (§§ 13 and 19), this Agreement continues to apply; the attachment changes only the division of its share under § 13.

The Agency acts independently. No employment, partnership or commercial agency relationship is established; the Agency does not represent BGGI and makes no declarations in its name.

The Agency provides no medical treatment and no medical advice. It does not comment on diagnosis, therapy, prospects of success or duration of treatment and gives no medical advice on the choice of a particular doctor or a particular clinic. The choice of the doctor or hospital is made solely by the patient; the Agency exerts no influence on it, not even in favour of service providers it has proposed for admission (§ 9).

BGGI provides organisational and support services via the platform: making the platform available, selection, booking and coordination of third-party services, communication and, where booked, support with translation. The medical, nursing, therapeutic, pharmaceutical and any other specialist service as well as transport, accommodation and insurance cover are performed by, and are the sole responsibility of, the respective service providers in their own name. The treatment contract is concluded directly with the treating doctor or the treating hospital, the purchase contract for medicinal products with the pharmacy and the insurance contract with the insurer; BGGI does not become a party to these contracts.

The Agency does not present BGGI's role differently to patients and third parties. It makes no commitments regarding treatment success, appointments, costs or refunds that go beyond the information shown on the platform. The Agency alone is responsible for its own activity, its statements and commitments and for the actions of its staff and of the persons it engages.

Doctors, dentists, pharmacists, psychotherapists and members of other healing professions and health professions — in particular nursing, physiotherapy, occupational therapy, speech therapy, midwifery and emergency medical services — cannot be an agency. The same applies to persons acting for a clinic, a practice or a pharmacy. The exclusion also covers the owners, shareholders and managing directors of the Agency.

Upon registration, the Agency declares on the platform that none of these cases applies; the time and version of the declaration are stored. An agency that was approved before this declaration was introduced makes it upon accepting this version of the Agreement. The platform rejects a registration and refuses approval if the account or e-mail address is already listed as a doctor, clinic, pharmacy, health professional, care partner or diagnostic and service unit.

If one of these cases arises later, the Agency notifies BGGI of this without undue delay. BGGI may then terminate the Agreement for good cause without notice; no entitlement arises for services after this point in time.

Services of the Agency within the meaning of this Agreement are: (a) support — the Agency can be reached by the person it supports throughout the process, explains the platform's procedures and answers queries; (b) translation — translation of documents, messages and information of the person; (c) interpreting services — oral language mediation in conversations, appointments and telephone calls, insofar as the Agency provides it itself; (d) visa and travel organisation — support with letters of invitation, visa applications, travel, accommodation and transfer; (e) case support — accompanying the case from creation to completion, completing information and documents and coordinating appointments; (f) administration — creating and maintaining the process on the platform, obtaining the necessary consents and following up on payments and deadlines.

The Agency records the services it performs in the process on the platform, in particular through messages, notes, uploaded documents and coordinated appointments. These entries are the proof of the services performed under § 8.

BGGI provides the following services to the Agency: making available the agency area of the platform with access accounts and mailboxes (§ 6), the promotional link, the QR code and the agency code (§ 10), the e-mail templates (§ 17) as well as invoicing and payout of the remuneration (§ 8).

Access to the agency area of the platform requires prior approval by BGGI. Before approval, there is no access to patient data.

Access data are personal and may not be passed on. Separate access accounts are set up for the Agency's staff; the Agency reports departed persons without undue delay for blocking.

The mailboxes and e-mail addresses that the Agency and its staff receive on the platform may be used exclusively for platform matters. Private use or use unrelated to the platform is not permitted.

The Agency decides, within the scope of this Agreement, on access accounts, blocks and other measures concerning its own staff. The owners and management of BGGI decide on measures concerning all users of the platform, including the Agency and its staff.

The Agency receives its own code on the platform for enquiries to Fabian, the AI assistant of Love Your Life, on WhatsApp via the central telephone number of Love Your Life. For this purpose, the owner account of the Agency stores a telephone number and its own PIN; only the owner account can change either, and a telephone number can belong to only one agency. The Agency receives information only if the message comes from the stored telephone number and the code and PIN are correct; after repeated incorrect PIN entries, access is temporarily blocked. Fabian then answers exclusively questions about the Agency's own area — its figures and the status of the cases of the persons it supports, without names — only as text, in the language in which the Agency writes, otherwise in English, and no more often within 24 hours than is stored on the platform, currently four times; after that, he refers to the portal. BGGI decides whether the function is switched on.

BGGI may set up and activate the Agency as a Love Your Life office for one or more countries; only the management of BGGI decides on the setting up, the countries, the persons activated for this purpose and the blocking, and there is no entitlement to it. BGGI may forward individual cases for processing only to an agency activated in this way. For a forwarded case, the owner account of the Agency and the persons activated for the office see the same file as BGGI, without price documents, linked earlier cases only if these have also been forwarded, and not while the case is suspended; every forwarding and every access is logged. They see the appointments of the case with drivers and interpreters but do not change them, and from the case they write only to a patient whom the Agency itself supports. Calls from its countries may also be put through to an activated agency via the central telephone number of

The Agency creates the patients it supports on the platform, records their information truthfully and completely, uploads the available documents in legible form and keeps the process up to date.

Before creating the account, the Agency informs the person concerned about the processing of their data and obtains the necessary consents, in particular the separate consent to the processing of health data. Without this consent, medical documents may not be transmitted.

The Agency accompanies the patient throughout the process, translates where necessary and remains available for queries. The Agency is responsible for translations it prepares itself; they are not a service of BGGI.

For each process, BGGI shows the Agency the agency surcharge, net amount, included items and share (§ 8 paragraph 7), informs it of changes to the rates under § 11 and pays out earned remuneration in accordance with § 8.

If the Agency opens a case for a person it supports, the same first services are available to it for selection as to the person in their own portal — a short response, a report or a video consultation — at the same total amount. The Agency makes the selection only in agreement with the person and tells them the total amount before confirming the selection; the Agency does not select a particular doctor.

If BGGI has activated payment by QR code or link or with Tap to Pay for the Agency, the Agency may, for a case of a person it supports, create an amount for an on-site service in the “Collect payment” area and collect payment in the presence of the person; the maximum per transaction stored on the platform applies. BGGI is the issuer of the invoice: for this purpose, the platform creates a receipt from BGGI to the person, and the payment goes directly to BGGI. The Agency accepts cash only if BGGI has expressly activated cash payments for it on the platform and has set an amount for this, in the name of BGGI and against the receipt of the platform; with it, the Agency may also have an open invoice of a person it supports settled. It never holds more cash than has been released and than it is owed from open claims against BGGI; the platform does not permit a higher cash payment. Cash collected is booked as an open amount in favour of BGGI and set off against the next payout to the Agency; if this is not possible, the Agency pays the amount over in accordance with BGGI's instructions. If the cash payments for a case together reach the amount set on the platform (currently 5,000 euros), the Agency accepts cash only once the declaration on the source of funds is available and has been confirmed by BGGI. The amount is due entirely to BGGI; the Agency receives no share of it, and no agency surcharge is charged on it.

The contractual partner within the meaning of this section is the other party to this contract. The contractual partner is obliged, for the entire term of this contract, to maintain professional liability insurance that covers personal injury, property damage and financial loss arising from its activity under this contract in an amount sufficient for the type and scope of this activity, including towards patients resident abroad. Business liability insurance that covers this damage also counts as professional liability insurance within the meaning of this section. Further insurance obligations under this contract or under the law remain unaffected.

The contractual partner deposits in its area of the platform proof of the insurance stating the insurer and the date until which the cover exists (expiry date), and keeps it up to date. If the insurance cover ends, is suspended or is reduced, it notifies BGGI of this without undue delay via the platform.

Missing, expired or not yet reviewed proof does not lead to a block of access, to the refusal or withdrawal of approval or to the contractual partner receiving no requests, cases, orders or assignments. The same applies if the insurance cover ends, is suspended or is reduced. The obligation under paragraph 1 remains unaffected.

If the contractual partner does not maintain insurance under paragraph 1 or if its scope is insufficient, it is liable alone and itself for damage arising from its activity; it bears the risk of missing or insufficient insurance cover. BGGI is not an insurer, does not provide insurance cover and is not liable for the absence or inadequacy of the contractual partner's insurance. Whether or not BGGI has reviewed proof does not change this.

If a patient or another third party makes a claim against BGGI for damage arising from the activity of the contractual partner that would have been covered by insurance under paragraph 1, the contractual partner indemnifies BGGI against this claim and against the reasonable costs of legal defence, insofar as BGGI is not responsible for the damage. BGGI informs the contractual partner without undue delay of the claim and does not acknowledge the claim without its consent. Statutory claims of patients and other injured parties against BGGI or against the contractual partner remain unaffected; this paragraph governs solely the relationship between BGGI and the contractual partner.

If the contractual partner has not deposited valid proof, the platform reminds it of this once three months and once one year after the approval of its access. No further reminders regarding the proof are sent, not even if the contractual partner closes a reminder without depositing proof.

The Agency receives remuneration exclusively for the services under § 5 paragraph 1 — support, translation, interpreting services, visa and travel organisation, case support and administration — that it actually performs for the person it supports, and for the support of a hospital that BGGI has engaged it to provide under § 9 paragraph 7. No remuneration arises for the mere registration of a person or a provider, for their attachment to the Agency, for the choice of a doctor or hospital or for any other act that is not one of these services; if the Agency performs none of these services in a case, no remuneration arises for that case. The remuneration is paid from the agency surcharge: if an agency is involved in a case, an agency surcharge is charged to the patient in addition to the other prices. Under the standard rate, the agency surcharge is 8 percent; of this, 2.5 percent is due to the agency that supports the patient. From the remaining 5.5 percent, the agency that BGGI has engaged to support the treating hospital receives its share under § 9 paragraph 8; the rest remains with BGGI. BGGI may set different rates for each country and each agency (§ 11); the rate shown in the offer is authoritative. If no agency is involved, no agency surcharge arises. Only the agency that supports the patient is involved, because the patient registered via its promotional link, its QR code, its agency code, the code of a social media partner taken over by the Agency (§ 10 paragraph 10) or the personal promotional link of a person it supports (§ 14) or because the agency created the account. An allocation by the platform (§ 10 paragraph 8) does not establish involvement. The registration of a doctor, a clinic, a pharmacy or another provider via an agency does not establish involvement in cases (§§ 9, 10 and 12).

The platform surcharge and the agency surcharge are calculated side by side on the same net amount, not on top of each other. For the treatment, the net amount is the net treatment amount, i.e. the amount that the treating doctor or the treating hospital charges for the treatment, without platform surcharge, without agency surcharge and without VAT; for every other item of the entire case (paragraph 3) it is its amount without these surcharges and without VAT. For the treatment, the standard rates result in a total of 23 percent of the net treatment amount: 15 percent platform surcharge and 8 percent agency surcharge, of which 2.5 percent for the support of the patient and 5.5 percent from which the share for the support of the hospital is paid and which otherwise remain with BGGI. Example based on the standard rates (amounts without VAT): for a net treatment amount of 10,000 euros, the platform surcharge is 1,500 euros and the agency surcharge 800 euros; the patient is charged 12,300 euros for the treatment. Of the agency surcharge, the agencies are entitled to their shares under paragraph 1; the remaining part remains with BGGI. The agency surcharge is never calculated on the amount increased by the platform surcharge. Whether and in what amount a platform surcharge is levied on another item depends on the terms applicable to patients.

The Agency may propose doctors and clinics to BGGI for admission to the platform and submit the information and necessary proofs for this in the agency area.

BGGI alone decides on admission; the Agency has no entitlement to admission. A rejection is justified.

The proposal and admission do not establish any entitlement of the Agency. If BGGI admits a doctor or clinic submitted by the Agency, BGGI records via which agency the submission was made, unless another agency has already been recorded; this gives rise to no share in cases, and for a clinic only paragraph 7 applies. Only the management of BGGI sees the overview of which provider was acquired via which agency.

If a doctor or clinic carries out a case of a patient whom the Agency supports, the Agency performs its services under § 5 paragraph 1 for this person, for example the translation of documents and messages and the coordination of appointments; it is remunerated for this solely in accordance with § 8. An agency that does not support the patient receives nothing from the case, even if it proposed the doctor or clinic or supported them in the case; the only exception is the share for the support of the hospital under paragraph 8. If the patient expressly chose “no agency” upon registration while this option was offered, no agency surcharge arises for their cases; only the platform surcharge applies.

The agency surcharge is levied in addition to the price. The doctor's fee and the clinic's remuneration remain unaffected.

The doctor and the clinic pay the Agency nothing, and the Agency pays them nothing.

If a clinic or hospital registers via the Agency's promotional link or BGGI admits a hospital submitted by the Agency, BGGI separately engages the Agency to support this hospital and to accompany the patients treated there; the Agency is notified of this on the platform. There is at most one such engagement per hospital; if one already exists, it remains in place. If the platform allocates a hospital to an agency, this does not give rise to an engagement. Only the management of BGGI may end and re-grant the engagement, and it may end it only by stating a reason.

For the support of the hospital actually provided, the engaged agency receives a share of the agency surcharge from every case that is treated in this hospital and for which an agency surcharge arises; BGGI sets its amount as a standard rate and for each country, and it is shown on the platform. The share is exclusively the remuneration for this support, not for the registration of the hospital and not for a patient's choice of the hospital. It is released for payout or paid as an advance only once the Agency has provided proof of the support in this case. The Agency enters the proof for each case on the platform: the type of support from the specified list and the date, plus, on request, the duration and a short note without health information, which is mandatory for other support. If the case is closed without proof having been provided, the share lapses and remains with BGGI; proof entered later does not give rise to it again.

The Agency receives a personal promotional link with QR code and an agency code. If a patient registers via the promotional link or the QR code, they are attached to the Agency; instead of via the link, patients may also register with the agency code (paragraph 8). The Agency also receives promotional links with QR code for doctors, for clinics including beauty centres, and for service providers, delivery services and care partners. If such a provider registers via them, BGGI records via which agency it registered; before submission, it is shown via which agency it is coming and that the agency receives no remuneration for this. This gives rise to no share and no other entitlement of the Agency; for a clinic, § 9 paragraph 7 applies. Pharmacies are admitted exclusively via an invitation code from BGGI; registration as a pharmacy via the promotional link is not possible. The Agency receives nothing from an earlier attachment of a provider, including a pharmacy, to the Agency.

§ 8 applies to patients who register in this way. Remuneration arises in every case only for services that the Agency actually performs under this Agreement; registration via the promotional link alone does not establish any remuneration.

The Agency receives nothing from processes of service providers, delivery services, care partners and other providers, not even from BGGI's share, and this applies even if the provider registered via its promotional link. Services that the Agency performs in such processes for a patient it supports are services under § 5 paragraph 1 and are remunerated solely in accordance with § 8.

The former arrangement under which the Agency received an entitlement from BGGI's share for services in processes of service providers, delivery services and care partners who had registered via its promotional link ceases to apply for all processes invoiced after this version takes effect.

The attachment arises upon registration and remains in place. No agency can take a patient or a hospital away from another agency; an existing attachment changes only by handover under paragraph 11, by transfer or allocation by BGGI under paragraph 12 or by transition under § 18 paragraph 5. The promotional link serves the Agency's own promotion; passing it on solely with the aim of changing the attachment under this Agreement is not covered by this.

For the acquisition of further agencies, the Agency receives its own promotional link for agencies; § 13 applies exclusively to this.

The Agency may not use the link to create the impression that it is BGGI or acts in its name; § 16 applies accordingly.

BGGI sets the agency surcharge and the share for the support of the patient as a standard rate, per country and per agency, and the share for the support of a hospital (§ 9 paragraph 8) as a standard rate and per country. The rate of the country takes precedence over the standard rate; a rate set for the Agency applies only insofar as it does not exceed the rate of the country. No rate can be set above an upper limit that is the same for all agencies; a higher rate exists only via the scale of the Agreement for Active Agents or by a determination of the owners of BGGI under this paragraph. The owners of BGGI may set a higher share for the support of the patient for an agency; the patient does not pay anything additional as a result, and the additional amount is deducted from BGGI's share. No share for the support of the patient exceeds 15 percent of the net amount, not even via the scale, and every share is limited so that at least 8 percent of the net amount remains with BGGI from the platform surcharge and the agency surcharge together. The country of treatment of the case is decisive. The Agency can see on the platform which rate applies to it and where it comes from. The basis of calculation under § 8 paragraph 2 also applies to deviating rates: the surcharges are calculated side by side on the net amount.

A desired rate that an agency states upon registration or later does not become part of this Agreement.

BGGI may make increases in favour of the Agency at any time up to the upper limit under paragraph 1.

A reduction of the rates is only permissible if there is an objective reason for it, in particular a poor market situation, excessive prices for patients or a deteriorated situation in the country concerned. It is made for all agencies in the country concerned at the same time and to the same extent. BGGI communicates the reduction with its reasons in text form and on the platform at least three months before it takes effect.

A rate set for an individual agency may only be reduced under paragraph 4 or as a consequence of a breach by the Agency under § 20.

Changes take effect only for future transactions; transactions already invoiced retain their rate. Each change is logged with the person, the time, the old and the new value.

If a patient orders from a pharmacy via the platform and an agency supports that person (§ 8 paragraph 1), a surcharge equal to the agency surcharge is additionally levied on the pharmacy's net amount (§ 8 paragraph 2), at the standard rate of 8 percent. This surcharge is due in full to BGGI; there is no split between the agency and BGGI for pharmacy orders. It is the fee for BGGI's services in connection with the order, namely organisation of the order, coordination of delivery and handover, administration and invoicing. The price for the patient remains unchanged.

No agency receives anything from pharmacy orders, neither the agency that supports the patient nor any other agency. The Agency does not collect prescriptions and does not forward them to a pharmacy; it exerts no influence on which pharmacy an order is passed to. The rate is determined by the country of treatment of the associated case, without a case by the country of the pharmacy carrying out the order, and otherwise by the country of delivery.

The surcharge is charged to the patient and shown in the order. This rule replaces the earlier rules under which an agency received a share from pharmacy orders.

Insofar as statutory pricing rules for medicinal products preclude a surcharge, the surcharge is levied only on the remaining amounts of the order.

If the Agency assists the person it supports with an order, for example by translating messages, this gives rise to no claim arising from the order.

An approved agency may acquire further agencies as sub-agencies. For this purpose, it receives its own promotional link for agencies on the platform; if an agency registers via this link, it is attached to the promoting agency (“parent agency”) as a sub-agency, insofar as the limits under paragraph 4 permit. Registration as an agency is possible only as long as BGGI has opened it on the platform, or with an invitation link from BGGI that is valid for one single registration only. The new agency becomes active only after approval by BGGI and acceptance of this Agreement; there is no entitlement to approval.

If an agency above which one or more agencies stand earns a share under §§ 8 to 12, 10 percent is deducted from that share and distributed in equal parts among all approved agencies that stand above it in the attachment structure: with one agency above it 10 percent, with two 5 percent each and with three 3.33 percent each of the share. More than 10 percent is never deducted, and deductions are not stacked. If no approved agency stands above it, the deduction does not apply. A cent remaining in the distribution stays with the earning agency.

The deduction changes neither the patient's price nor BGGI's share nor the providers' remuneration; the patient pays nothing extra. Claims of the agencies standing above arise only from cases actually paid, not from the acquisition of an agency as such. No fee is charged and no remuneration is paid for the acquisition and the attachment. The part of the agencies standing above is the fee for the support and administrative services they perform towards the sub-agency, in particular familiarisation with the platform's processes, assistance with case support, language assistance and the clarification of queries from the sub-agency. If an agency standing above does not perform these services, BGGI may, upon notice from the sub-agency and after a hearing, exclude it from the distribution for future cases; paragraph 5 sentence 1 then applies accordingly.

The attachment structure comprises at most three levels including the top agency; at most three sub-agencies may be directly attached to one agency. No agency may stand directly or indirectly below itself. The deduction rate, the number of levels and the number of sub-agencies are stored on the platform; changes that reduce the share of the earning agency are only permissible under the conditions of § 11 paragraph 4.

A blocked or non-approved agency does not participate in the distribution; the deduction is then distributed among the remaining approved agencies standing above. If the agreement with a parent agency ends, it no longer participates in the distribution; the agreements of the sub-agencies attached to it remain unaffected.

Patients attached to the Agency may invite further persons with their personal promotional link under the conditions of participation “Customers invite customers”. Anyone who registers via such a promotional link is attached to the same agency as the inviting person; §§ 8 to 12 apply to these persons as to the Agency's own patients. The agency surcharge arises for their cases, and the remuneration for the services that the Agency performs for the invited person is due to the agency to which the inviting person is attached. This attachment takes precedence over an allocation by the platform under § 10 paragraph 8; another agency acquires no claim from the cases of the invited person. If the inviting person has been allocated to the Agency only by the platform, the attachment of the invited person is likewise deemed an allocation by the platform (§ 10 paragraph 8). If the inviting person is attached to a sub-agency, the invited person is attached to that sub-agency; agencies standing above receive only the deduction under § 13.

The Agency sees the cases of the persons attached in this way on the platform to the extent of § 24. The person is informed before registration of the attachment and of the Agency's view.

Of every credit that arises under the conditions of participation for an inviting or invited person attached to the Agency, the Agency bears a partial amount stored on the platform, currently the first 10 euros; BGGI bears the remaining amount. The Agency bears its part only to the extent that the credit has actually been offset against a paid invoice. The amount is set off against the next payouts to the Agency and shown on the platform.

The discount by which credit is offset on an invoice does not reduce the Agency's share from that invoice; its share is calculated from the amount before the discount.

On the platform, the Agency can switch off participation as an inviting person for its own patients, individually or for all of them. There is no monthly limit; how many persons an inviting person can invite is governed by the quota of the conditions of participation. Determinations by BGGI take precedence.

The Agency may not use the programme to change attachments or to generate credit without genuine invitations, in particular not through sham registrations; § 20 applies.

For patients whose contact came about through the Agency and who are supported via the platform, all services initiated are processed and invoiced via the platform.

BGGI asks the Agency to continue supporting patients who came to it through Love Your Life via the platform as well. This protects both parties: the case remains fully documented, and the arrangements on services and costs remain binding. This request applies to the same treatment episode during the term of this Agreement and for twelve months after the last contact established via the platform.

The patient's free choice of doctor and support relationships that demonstrably existed or arose independently of the platform remain unaffected.

If the support is continued outside the platform, no remuneration of the Agency arises for the transaction concerned; the agreed costs for the services already performed by BGGI remain owed even then. If the Agency culpably conducts a transaction bypassing the platform, §§ 20 and 21 additionally apply.

Advertising statements about Love Your Life, about the platform, about doctors or about clinics require BGGI's prior consent in text form. BGGI's name, logo and image material may only be used within the scope of this consent.

The Agency refrains from promises of cure, statements on prospects of success and price quotations without the conditions stored on the platform.

The Agency advertises at its own expense and at its own risk. BGGI assumes no advertising costs and no other costs or services for the Agency, in particular not for advertisements, campaigns, advertising material, events, travel, premises or staff, and owes neither reimbursement nor a subsidy nor an advertising budget. BGGI's services are limited to the platform services expressly stated in this Agreement; if BGGI voluntarily makes anything available beyond this, no entitlement for the future arises from it. Advertising success, in particular a certain number of registrations or cases, is not owed.

The Agency alone is responsible for ensuring that its advertising and every approach to persons is lawful, in particular under the Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb), the Healthcare Advertising Act (Heilmittelwerbegesetz), the professional law of the health professions, data protection law, trade mark, name and copyright law and the law of the country in which the advertising is disseminated or the person approached lives. A consent by BGGI under paragraph 1 and the making available of templates under § 17 do not constitute a review of lawfulness and do not relieve the Agency.

The Agency indemnifies BGGI against third-party claims, fines and official measures as well as against the reasonable costs of legal defence based on advertising or approaches by the Agency, its staff or the persons it engages, insofar as these were unlawful and the Agency is responsible for this. BGGI informs the Agency without undue delay of claims asserted.

If the Agency uploads images or videos to its profile, for example its logo, office and team, it warrants that it holds the necessary rights to them and grants BGGI, for the term of this Agreement, a simple, free-of-charge, territorially unrestricted right to show them on the platform and in the Love Your Life applications and to adapt them technically for this purpose. BGGI may also publish images and videos that the Agency has uploaded and BGGI has approved on Love Your Life

If the Agency or one of its staff members sends an e-mail from a mailbox of the platform, the platform adds the Agency's promotional link for patients (§ 10) and a QR code with this link below the signature. If the link is already in the e-mail, it is not added again; it is omitted if a recipient has objected to advertising. When deciding to whom it writes, the Agency takes into account that each of its e-mails with this add-on also has promotional content.

BGGI makes templates for promotional e-mails available on the platform. Before a promotional e-mail, the Agency selects to whom it is addressed — a patient, a social media partner, a doctor, a clinic or, as long as registration as an agency is open, an agency — and the platform adds the promotional link with QR code appropriate to this type of recipient. The platform's AI may suggest the text in the recipient's language; the Agency checks it and sends the e-mail in its own name and on its own responsibility. Each e-mail goes to exactly one recipient. Before each dispatch of a promotional e-mail, the Agency confirms on the platform that the requirements under paragraph 3 are met; without this confirmation, nothing is sent. The platform limits the number of mailings per day; the applicable limit is stored on the platform. Confirmation and dispatch are recorded with the account and time. § 10 applies to registration via these promotional links, and § 13 for agencies; the Agreement for Social Media Partners applies to social media partners.

The Agency sends promotional e-mails only to recipients who have previously expressly consented to receiving such e-mails from the Agency — towards consumers without exception, towards other recipients unless a statutory exception applies — and only insofar as the law of the country in which the person lives permits the dispatch. The Agency proves consents at BGGI's request, does not use purchased or rented addresses or addresses collected from generally accessible sources, and uses data it has received via the platform for promotional e-mails only with the separate consent of the person concerned. If a person objects or revokes their consent, the Agency no longer sends them any promotional e-mail. The sender and the promotional character of an e-mail are not concealed.

Templates and e-mails contain no commitments regarding costs, appointments or treatment success and no promises of cure; the Agency does not add such statements either. The templates are drafting aids. BGGI does not check whether an approach is permissible in the individual case, in the recipient's country or towards a particular person, and assumes no responsibility for this towards the Agency.

The Agreement begins upon digital acceptance and runs for an indefinite period. It may be terminated by either party in text form with a notice period of one month to the end of a month; the right to extraordinary termination for good cause remains unaffected.

Ongoing transactions are properly completed. Remuneration already earned remains in place and is paid out in accordance with the rules of this Agreement, unless § 20 stipulates otherwise. Upon the end of the Agreement, the access accounts are blocked.

BGGI closes the account of the Agency or of its staff only with a reason being stated; the reason is communicated to the Agency in text form and recorded in the account archive. If an account is closed because of misuse, deception or breach of contract, the associated e-mail address remains blocked for a new registration.

If this Agreement ends, the agreements of the sub-agencies attached to the Agency remain unaffected; § 13 paragraphs 5 and 6 apply.

If this Agreement ends, the ongoing cases of the patients supported by the Agency pass to another agency. For this purpose, BGGI proposes agencies of the same country that are approved, have not themselves given notice of termination and handle the fewest ongoing cases; BGGI makes the selection, and no automatic transfer takes place. The patients concerned are informed of the change and may object to it; if a patient objects, the case is continued with the agency whose agency code they name and, without such information, with another agency allocated by the platform under § 10 paragraph 8. Remuneration already earned remains unaffected; whether the Agency is still entitled to remuneration for cases completed after the transition is determined by § 8.

BGGI may deploy an active agent for a country. When the agreement for active agents takes effect for that country, agencies with their registered office in that country become sub-agencies of the active agent within the meaning of § 13; otherwise, they continue to work on the terms of this Agreement.

If the Agency is already attached to a parent agency, the top agency of its attachment structure is attached to the active agent; the existing attachment otherwise remains in place. The maximum number of directly attached sub-agencies does not apply to this transfer. If the maximum number of levels would be exceeded, BGGI rearranges the agencies concerned so that it is complied with, as close as possible to their previous parent agency.

For the Agency, the only change brought about by the transfer is that the deduction under § 13 paragraph 2 is made from its share in favour of the agencies standing above, including the active agent. The patients' prices and the rates applicable to the Agency remain unchanged.

BGGI notifies the Agency of the transfer in text form at least three months before it takes effect. By way of derogation from § 18 paragraph 1, the Agency may terminate the Agreement with effect from the date on which the transfer takes effect.

Serious breaches are exclusively the following: (a) fraud and manipulation of invoices; (b) disclosure of patient data to unauthorised persons or its use outside the platform; (c) circumvention of the platform, in particular the organisation, support or invoicing of cases of patients or providers bypassing the platform; (d) payments in connection with cases of the platform that are requested, accepted or made bypassing the platform and proper bookkeeping (“undeclared money”); (e) activity for a competing platform during the term.

In the event of a serious breach, BGGI may terminate the Agreement without notice and without prior formal warning. All other breaches of this Agreement are minor breaches, in particular the private use or use unrelated to the platform of the platform mailboxes, advertising contrary to § 16 that is not withdrawn despite a request, the passing on of access accounts to unauthorised persons, the sending of e-mails contrary to § 17 and the manipulation of the programme “Customers invite customers”. In the event of a minor breach, BGGI issues the Agency a formal warning in text form and sets a reasonable period for remedy; termination without notice is only permissible if the breach persists after the period has expired or is repeated.

If there is a strong suspicion, based on facts, of a serious breach, BGGI may immediately and temporarily block the access accounts and mailboxes of the Agency and of the staff members concerned. BGGI communicates the block and its reason without undue delay in text form and gives the Agency the opportunity to comment within a reasonable period stated in the communication. If the suspicion is not confirmed, BGGI lifts the block without undue delay.

During a block and after a termination, BGGI continues to support the Agency's ongoing cases; the patients are informed where necessary. Claims of the Agency from the period of an established breach lapse for the cases affected by it.

If BGGI terminates without notice because of a serious breach, all claims of the Agency already earned but not yet paid out additionally lapse. BGGI may reclaim amounts already paid out from cases affected by the breach and set them off against outstanding claims. Further claims for damages remain unaffected.

Every procedure under this section is logged: finding, evidence, the Agency's statement, decision, deciding person and time. Logs and evidence are retained until the claims arising from the procedure are time-barred.

In addition to the other terms of this contract, BGGI may terminate the contract for good cause without observing a notice period. The contractual partner within the meaning of this section is the other party to this contract. Good cause exists in particular if (a) the contractual partner submits false or forged documents or provides false information; (b) the contractual partner acts in serious breach of its duties towards patients or towards BGGI; (c) a document required for its activity, in particular the trade registration, the extract from the commercial register or an official licence, is missing or has expired; (d) insolvency proceedings are opened in respect of the assets of the contractual partner or the opening is refused for lack of assets, the contractual partner is deleted from the register or a licence required for its activity ceases to apply.

If a document under paragraph 1 letter c is missing or has expired, BGGI may, at its own discretion, set a grace period of 14 days within which the contractual partner submits the document; there is no obligation to set a grace period. If the contractual partner submits the document within the grace period, termination on this ground is excluded. In the cases of paragraph 1 letters a, b and d, BGGI may terminate immediately and without prior warning.

While BGGI examines whether good cause exists, BGGI may block the access of the contractual partner and its staff to the platform in whole or in part. BGGI notifies the block and its reason in text form and gives the contractual partner the opportunity to comment. If good cause is not confirmed, BGGI lifts the block without undue delay.

If BGGI terminates for good cause or if access is blocked under paragraph 3, BGGI may transfer the support of the patients, the facilities and the ongoing cases that the contractual partner supports to another suitable body selected by BGGI. The contractual partner cooperates in the transfer and hands over the documents and information required for this exclusively via the platform. A treatment passes to another doctor or another facility only with the consent of the patient; the rights of patients to object to a change remain unaffected.

BGGI informs the patients concerned of the transfer and names the body that will support them in future. BGGI does not inform them of the reason for the termination or the block.

Services that the contractual partner has rendered in accordance with the contract up to the termination or up to the block are remunerated in accordance with the rules of this contract. Remuneration and shares for services rendered after the transfer are due to the body to which the support was transferred.

If the Agency culpably breaches § 15 or § 24 or culpably commits a serious breach under § 20 paragraph 1, BGGI may claim compensation for the resulting damage in accordance with the statutory rules.

BGGI's rights under § 20 remain unaffected, in particular the formal warning, the temporary block, termination without notice and the lapse and reclaiming of claims of the Agency.

No contractual penalty is agreed.

During the term of this Agreement and for six months after its end, the Agency is prohibited from working for a platform that competes with Love Your Life in the organisation or support of cross-border medical or aesthetic treatments.

The Agency is likewise prohibited during this period from poaching patients, doctors, clinics, service providers or agencies that it has come to know via the platform for such a platform. After the end of the Agreement, the prohibition applies only to the countries in which the Agency was active for the platform during the term of the Agreement.

Activities that demonstrably existed independently of the platform and the free choice of patients remain unaffected.

BGGI is liable without limitation in the event of intent and gross negligence, injury to life, body or health, within the scope of an expressly given guarantee, under the Product Liability Act (Produkthaftungsgesetz) and under other mandatory statutory rules. In the event of a slightly negligent breach of an essential contractual obligation — an obligation whose fulfilment makes the proper performance of this Agreement possible in the first place and on whose observance the Agency may regularly rely — BGGI's liability is limited to the foreseeable damage typical of the contract. Otherwise, BGGI's liability for slight negligence is excluded. These rules also apply to the personal liability of the governing bodies, staff and vicarious agents of BGGI.

BGGI makes the platform available to the extent to which it is operated at any given time. Uninterrupted availability, a certain number of registrations, cases or requests and economic success of the Agency are not owed. Maintenance, disruptions and changes to the platform give rise to no claims of the Agency unless paragraph 1 sentence 1 applies or BGGI breaches an essential contractual obligation.

BGGI is not liable for the specialist services of the service providers (§ 3 paragraph 3), for their information, prices, appointments and results, for decisions of patients and for payments that patients do not make. Results of AI functions of the platform, in particular translations, summaries, drafts and answers of the chat “Love Your Life KI Assistant”, are aids; they do not replace medical or legal advice, and BGGI gives no warranty for their completeness and accuracy. Damage from a road accident during a journey is borne by the motor vehicle liability insurance of the vehicle used; BGGI is neither the keeper nor the driver and does not assume such damage. For assignments of interpreters, drivers and accompanying persons, the clauses of the Service Provider Agreement on insurance and liability for assignments apply and, towards patients, the clauses of the General Terms and Conditions on liability; the Agency does not promise patients any insurance cover or any sums insured. BGGI's liability for its own breaches of duty in organisation and support under paragraph 1 remains unaffected.

The Agency indemnifies BGGI against third-party claims, including claims of patients, service providers and authorities, and against the reasonable costs of legal defence, insofar as these are based on a breach of this Agreement or of statutory obligations for which the Agency, its staff or the persons it engages are responsible, in particular on impermissible advertising or approaches (§§ 16 and 17), on statements or commitments of the Agency towards patients or on unauthorised processing of personal data. BGGI informs the Agency without undue delay of claims asserted and gives it the opportunity to comment.

The parties comply with the DSGVO and the BDSG. The Agency processes personal data exclusively for the performance of this Agreement. Where necessary, the parties conclude supplementary agreements, in particular on processing on behalf under Art. 28 DSGVO.

On the platform, the Agency sees the patients attached to it, including the persons attached to it under § 14; staff of the Agency see names only in the cases assigned to them. Of the documents of these persons, it sees only the page count and date, not the content; it sees the content only in cases forwarded to it as an office under § 6 paragraph 6. Persons whom the platform has allocated to it appear in its calendar only with an abbreviation and the month. It sees appointments at diagnostic and service units only as an existing appointment with date and time, and only as long as the person has not switched off this display. No access to other transactions takes place or is attempted; accesses are logged.

Health data (Art. 9 DSGVO) are processed only to the extent necessary and only for the respective transaction. Use for own advertising, for own offers or for the purposes of third parties is excluded.

The Agency reports any suspected personal data breach to BGGI without undue delay.

If the Agency has its registered office outside the European Economic Area, the parties agree on appropriate safeguards under Art. 46 DSGVO before the first transfer of personal data, in particular the standard contractual clauses of the European Commission.

Contents of the platform mailboxes are business records. If there is a suspicion, based on facts, of a breach under § 20, BGGI may inspect the contents of the mailboxes concerned for clarification and preservation of evidence. The inspection takes place according to the four-eyes principle, remains limited to the suspicion and is logged.

The Agency is the controller within the meaning of the DSGVO for the selection of recipients, the legal basis of the approach and the content of e-mails under § 17. BGGI processes the recipient addresses, the selected template, the time of dispatch and the confirmation under § 17 paragraph 2 in order to carry out the dispatch, to prove it and to prevent misuse; the storage period is governed by the Privacy Policy.

For a hospital that BGGI has engaged it to support (§ 9 paragraph 7), the Agency sees the cases handled there only with the file reference, status and month, without names and without medical information; the proof under § 9 paragraph 8 contains no health information. It sees its figures — how many persons and hospitals it has acquired itself and how many the platform has allocated to it, what it has earned and what has been paid out — without names; the figures of its sub-agencies are included.

The parties maintain confidentiality regarding trade secrets, terms and conditions and non-public information of the respective other party. This obligation continues after the end of the Agreement.

Statutory disclosure obligations remain unaffected.

BGGI may amend the text of this Agreement, in particular to adapt it to a change in the legal situation or case law, to changed services and processes of the platform or to changed technical or economic conditions. The amended version is displayed to the Agency on the platform before it applies. The amended passages are displayed; the unchanged parts continue to apply unchanged.

Consent is given electronically on the platform. The time of consent and a checksum of the version consented to are recorded. Each version remains readable in the account file and can be retrieved there at any time; consent can thus be proven.

In addition, an e-mail about an amendment is sent to the address stored in the account. Irrespective of this, the amendment appears at the next login. The decision can be postponed; the notice then appears again.

Silence does not constitute consent. Without express consent, the amended version does not enter into force vis-à-vis the Agency; until then, the version last consented to continues to apply.

If consent is not given, BGGI reminds the Agency of it. If an amendment is urgent or legally mandatory, attention is additionally drawn clearly to it and to the consequences of not consenting. The reminders are sent within 30 days of the first display of the amended version. An amendment is urgent if, without it, the secure operation of the platform, the protection of data or the fulfilment of contractual obligations would be jeopardised; it is legally mandatory if a legal rule, an official or court decision or a binding requirement of a payment service, an app store or a supervisory body requires it and BGGI has no discretion of its own in this respect. The notice states the reason, the passage concerned and the consequence of not consenting. Even an urgent or legally mandatory amendment does not become effective without consent.

If the Agency does not consent to an amendment, BGGI may terminate this Agreement. The termination is announced in advance with reasons; it is possible at the earliest after the expiry of 30 days from the first display of the amended version.

Orders already placed and ongoing cases of the Agency are duly completed in accordance with the version last consented to. Claims to remuneration for services already performed remain unaffected; the right to terminate for good cause likewise remains unaffected.

A new signature is only required where the law prescribes a particular form for a declaration; it is then obtained separately. Determinations that this agreement expressly assigns to BGGI are not amendments to the agreement; the conditions stated there apply to them.

Amendments and additions to this Agreement require text form; this also applies to an amendment of this form requirement. Digital acceptance and electronic consent via the platform under § 26 satisfy the text form requirement.

Determinations that this Agreement expressly assigns to BGGI, in particular under §§ 11 and 13, are not amendments to the Agreement; the conditions stated there apply to them.

Individual agreements between the parties take precedence over this agreement.

This Agreement is governed by the law of the Federal Republic of Germany. Mandatory rules of the state in which the Agency has its registered office remain unaffected insofar as they apply irrespective of the chosen law.

If the Agency is a merchant, a legal entity under public law or a special fund under public law, or if the Agency has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement is the registered office of BGGI in Bonn. Otherwise, the statutory places of jurisdiction apply.

Should any clause of this agreement be or become invalid or unenforceable in whole or in part, the validity of the remaining clauses shall remain unaffected. The invalid or unenforceable clause shall be replaced by the statutory rule.

This document is available in 24 languages. Only the German version is binding; the other language versions serve comprehension purposes.

In the event of discrepancies between the German version and a translation, only the German wording applies. Translations serve information purposes only and contain this notice in their own language.