Cooperation Agreement for Clinics and Hospitals

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 hospital or clinic that accepts it digitally via the platform (the “Hospital”).

“Platform” within the meaning of this Agreement is the “Love Your Life” platform with its portals and applications, including the Hospital's clinic section.

The subject matter of this Agreement is cooperation in the organisation, coordination and processing of inpatient and outpatient treatments for patients who are supported via the Platform.

This Agreement governs the relationship between BGGI and the Hospital. For doctors who hold their own account on the Platform, the Cooperation Agreement for Doctors additionally applies.

If an institution registers as a beauty centre or if a hospital also runs the field of beauty, the Cooperation Agreement for Beauty Centres and Facilities in the Field of Beauty additionally applies to that field. Insofar as it provides otherwise for the field of beauty, it takes precedence over this Agreement.

The Hospital provides treatment under its own responsibility. The treatment contract is concluded directly between the Hospital and the patient; BGGI provides no medical treatment and no medical advice, but exclusively organisation and support services (§ 3). The clinical and medical service is owed and answered for solely by the Hospital in its own name.

No employment, partnership or commercial agent relationship is established. The Hospital does not represent BGGI and does not make any declarations in its name.

BGGI performs the following organisation and support services for the Hospital: making available the Platform and the clinic section, forwarding enquiries and cases, coordinating appointments, travel and accompanying services, communicating with patients via the Platform, making available the clinic mailbox (§ 8), processing payments via the Platform including invoicing, collection and payout and — where booked — translation support.

BGGI does not owe any particular number of enquiries, cases or revenue and does not owe uninterrupted availability of the Platform. Commitments by agencies regarding cases, revenue or terms bind BGGI only insofar as BGGI has confirmed them in text form.

The Hospital reviews the enquiries allocated to it, states whether it can take on the treatment, names the services required for it and a contact person for processing.

Admission, treatment, documentation and discharge are governed by the law applicable to the Hospital and its own regulations.

If the Hospital cannot provide a treatment for which the patient has accepted the cost estimate, or cannot provide it through the doctor named in it, it informs BGGI of this without undue delay via the Platform. Another hospital or another doctor takes its or their place only with the consent of the patient given via the Platform; emergencies remain unaffected.

BGGI may place hospitals in tiers 1, 2 or 3; several hospitals may have the same tier. The classification is carried out solely by BGGI according to objective criteria; it cannot be bought and does not depend on any payment, visibility package or other benefit. Currently, the tier of a hospital affects neither the routing of cases nor the order in lists; if it is to have an effect in future, BGGI will inform the hospital on the platform in advance.

BGGI may create a hospital on the Platform before it has registered itself. The information recorded comprises details of the hospital — in particular name, country, town, address, telephone, website, general e-mail address and languages — as well as the name, function, e-mail address, telephone and languages of the contact person in the International Office.

The contact person in the International Office receives an invitation by e-mail in their language, otherwise in English. The link is time-limited; BGGI may renew or withdraw the invitation. With the invitation, BGGI provides information about the creation and the information processed in the process.

By setting their password, the contact person takes over the created profile of the Hospital and checks and completes the information. The account of the International Office is the Hospital's access for enquiries via the Platform.

Consents, declarations and the acceptance of this Agreement are given only by the Hospital itself, never by BGGI in its name. Until the profile has been taken over and approved under § 6, the Hospital does not appear in any list and receives no enquiries.

Acceptance of this Agreement is declared by a person authorised to represent the Hospital (§ 27). If the contact person in the International Office is not authorised to represent the Hospital, the Hospital arranges for acceptance by an authorised person.

If the Hospital does not accept the invitation or objects to its creation, BGGI deletes the created profile including the information on the contact person, unless a statutory retention obligation precludes this.

Access to the clinic section of the Platform requires approval by BGGI. Before approval, there is no access to patient data.

Access data are personal and may not be passed on. Separate accesses are set up for the Hospital's staff; the Hospital reports persons who have left without undue delay so that their access can be blocked.

If the Hospital itself lists doctors on the Platform, it declares once expressly that it bears responsibility for their licence and professional authorisation. Without this declaration, no case is allocated to a doctor without a separate check. The wording, version, person and time of the declaration are recorded.

If a licence or professional authorisation lapses, is suspended or is restricted, the Hospital notifies BGGI of this without undue delay. Until the matter has been clarified, the allocation of new cases is suspended.

Approval is granted per field of treatment. A hospital that runs the field of beauty in addition to medicine is checked and approved separately for that field; approval for one field does not apply to the other.

The Hospital keeps its information on the Platform up to date — departments, doctors, languages, contact persons and availability —, processes enquiries promptly and complies in all services with the professional and hospital law applicable to it.

During the term of this Agreement, the Hospital maintains business and professional liability insurance that covers, in an appropriate amount, the treatments organised via the Platform — including of patients resident abroad. § 7a applies to the proof, the reminder and the consequences of missing insurance cover.

BGGI makes the services under § 3 available to the Hospital, shows it at all times in the clinic section the status of its enquiries, cases and amounts and allocates enquiries to it only in the fields of treatment for which it is approved. The Hospital sees a case only once a service has been paid for it; a case is transmitted to a doctor of the Hospital only once the payment due for it has been received and BGGI has released the case. Each transmission is recorded in the case history with the time and the acting person.

Both parties inform each other without undue delay of circumstances that jeopardise the performance of this Agreement, in particular of errors in an enquiry, an invoice or a payout.

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 contractual partner within the meaning of this section is the other party to this contract. In addition to the other terms of this contract, the following applies: services that were initiated via the platform are agreed and paid for the same treatment episode only via the platform. The treatment episode includes the preliminary examination, the treatment, the check-ups and the aftercare for the same concern. The contractual partner does not pay or demand any remuneration for these services bypassing the platform, neither itself nor through third parties, and does not make any arrangements about them bypassing the platform. A payment on site that is processed via the platform counts as a payment via the platform. Insofar as other terms of this contract provide that a treatment may be continued outside the platform, they do not apply to the same treatment episode.

The free choice of doctor and facility, care in a genuine emergency and a treatment that arose independently of the platform remain unaffected, in particular on the basis of a treatment relationship that already existed beforehand or because of a new concern outside the treatment episode on the patient's own initiative. If a case is presented as an emergency although there was no emergency, this exception does not apply.

If the contractual partner breaches paragraph 1, in particular by a payment or by arrangements bypassing the platform, BGGI may terminate the contract for good cause under § 21a, forward no further cases, requests, orders or assignments to the contractual partner via the platform or accept none from it, and claim compensation for the damage incurred under the statutory rules, in particular for the fees that BGGI would have received if the matter had been handled via the platform. No contractual penalty is agreed.

BGGI receives fees only for its own services named in this contract and in the price quotation on the platform. Neither side pays BGGI a fee for a contact between patients and doctors, facilities or other providers coming about via the platform, and BGGI grants no advantage for it. Professional law and §§ 299a and 299b of the German Criminal Code (StGB) remain unaffected.

The Hospital receives from BGGI its own e-mail mailbox in its portal for correspondence with BGGI and with the Hospital's own doctors (the “clinic mailbox”). BGGI assigns the address according to a uniform pattern on the domain love-you.life; it bears the name of the Hospital. The Hospital does not specify its own address and cannot change the address itself.

The International Office or the responsible staff member of the Hospital records in the portal all doctors of the Hospital with their specialty. A doctor who no longer works for the Hospital is removed in the portal; the information on completed processes is retained.

The Hospital passes the released documents of a case to a doctor of the Hospital by one of two routes: via the clinic mailbox or directly from the Platform to the doctor's e-mail address. In the direct route, the doctor receives a protected link to the released documents which expires after the period set on the Platform; the e-mail itself contains no health data.

The doctor's reply goes to the responsible staff member of the Hospital. This person confirms the reply and forwards it to BGGI, or amends it beforehand and then forwards it; they may discard a reply, giving a reason. A reply received by e-mail is allocated to the case — via the case reference in the reply address, the case number in the subject line or the only open process of the known sender; if it cannot be allocated unambiguously, the Platform presents it to the responsible person for allocation. A reply is never allocated to another case.

The Hospital decides whether its doctors receive the documents via the Hospital or additionally register themselves under the Hospital and receive their own portal; both routes may exist side by side. For self-registration, the Hospital issues an invitation code and confirms each request. As long as the Hospital has not confirmed a request, the doctor receives no cases via the Hospital.

The Hospital ensures that documents are sent via the clinic mailbox and the direct route only to doctors who work for the Hospital and are subject to medical confidentiality.

The Hospital may create its own departments in its portal, such as laboratory and X-ray, and invite staff of these departments by e-mail. Members of a department receive their own access; the Hospital removes members who no longer work for the department.

Departments serve exclusively to upload invoices, values and results for cases of the Hospital itself. Values and results appear in the case; an uploaded invoice is an internal document of the Hospital to BGGI and is not shown to the patient.

Departments do not invoice via the Platform themselves. Their activity gives rise to neither a separate receipt nor a surcharge; the Hospital invoices their services as its own services under this Agreement.

The amount paid by the patient forms the cost framework of the treatment. The Hospital sees this framework on the Platform and is warned if a service would exceed it.

The Hospital provides services beyond the cost framework only with the prior consent of the patient given via the Platform. If additional needs become apparent, the Hospital reports them as a supplement; BGGI reviews the supplement and presents it to the patient for consent. The review and presentation of a supplement by BGGI is an organisational service; it is neither an assumption of costs nor a medical assessment of necessity.

Without prior consent, the Hospital provides additional services only if they cannot be postponed for medical reasons, in particular in the event of a complication; it reports them via the Platform without undue delay and proves that they could not be postponed. The Hospital's statutory and professional obligations, in particular treatment in emergencies, remain unaffected.

The Hospital bears the risk that additional costs are not paid by the patient. BGGI does not assume any additional costs and is not liable to the Hospital for their payment; BGGI collects them via the Platform and pays them out after receipt of payment (§ 18 paragraph 6).

The basis of the final settlement towards the patient is the Hospital's invoice. The Hospital submits it via the Platform without undue delay after the treatment has been completed; it states the services actually provided. If the Hospital has provided less than has been paid, the difference is refunded to the patient and not paid out to the Hospital.

For patients whose contact with the Hospital was established via the Platform, all services initiated via the Platform are processed and invoiced via the Platform.

Contact is made via the Platform. BGGI asks the Hospital to use the route via the Platform for a treatment episode begun via the Platform even if contact details are apparent from documents, and to continue to serve patients supported via the Platform through the Platform; this Agreement does not establish any obligation to do so. In this way every arrangement remains documented in the case, and the arrangements on services and costs remain binding. The request relates to the same treatment episode during the term of this Agreement and for twelve months after the last contact established via the Platform. Arrangements necessary for treatment on site remain unaffected.

The free choice of doctor, the Hospital's statutory and professional obligations — in particular treatment in emergencies — and treatment relationships that demonstrably existed or arose independently of the Platform remain unaffected.

Services agreed and performed via the Platform are invoiced via the Platform; the amounts agreed for them remain owed even if support is subsequently continued outside the Platform. In order to invoice these services, BGGI may request information about the services performed, insofar as this is necessary and permissible under data protection law. The Hospital owes BGGI no fee for treatment that it provides outside the Platform or for a patient having come to it via the Platform.

No contractual penalty is agreed. Further statutory claims, in particular for damages, remain unaffected.

The Hospital may upload images to its profile, in particular of the building, wards, treatment rooms and equipment. Authorised BGGI staff may also upload, arrange and remove images for the profile.

Each new image is checked and approved by BGGI before publication, even if BGGI uploaded it itself. When saving, the Platform removes embedded metadata such as the location of the shot and device data. Reduced-size versions are displayed publicly, not the original file.

The Hospital warrants that it holds the necessary rights to the images and texts provided and that recognisably depicted persons have consented to publication. The Hospital does not upload images of patients or comparative depictions before and after a treatment; the requirements of the law on advertising in the healthcare sector remain unaffected.

For the term of this Agreement, the Hospital grants BGGI a simple, free-of-charge, territorially unrestricted right in the images and profile texts provided to reproduce them, make them publicly available and edit them to the extent technically necessary, in particular to crop them, reduce their size and remove metadata, for the purpose of presenting the Hospital on the Platform, in the Love Your Life applications and on the public partner map. Any use outside the Platform, for example in advertising or social media, requires the separate consent of the Hospital.

If the Hospital removes a current image, it is no longer displayed and its files are deleted. BGGI retains older versions replaced by a newer image as a history; the privacy policy states the duration of this retention. Upon termination of this Agreement, the right of use ends and BGGI removes the images from the presentation.

BGGI may reject or remove from the presentation images and texts that infringe the rights of third parties, the law on advertising in the healthcare sector or this Agreement.

By way of derogation from paragraph 4 sentence 2, BGGI may also publish images and videos that the Hospital has uploaded and BGGI has approved on Love Your Life's own social media channels, in order to present the platform and the Hospital's services. For this purpose, BGGI may edit them, in particular crop, shorten and subtitle them and translate texts and subtitles, without distorting their message; for this purpose, the Hospital grants BGGI, for the term of this Agreement, a simple, free-of-charge, territorially unrestricted right of use. By uploading them, the Hospital confirms that recognisably depicted persons have also consented to this publication, and provides evidence of the consents on request. BGGI publishes images and videos showing a patient only if that patient's express written consent to this publication has been given; paragraph 3 sentence 2 remains unaffected. Every post complies with the law on advertising in the healthcare sector; BGGI does not publish comparative depictions before and after a treatment or procedure. After the end of this Agreement, BGGI no longer publishes any new posts and removes posts already published at the Hospital's request.

In response to an enquiry, the Hospital states its price or submits a cost estimate. The cost estimate states the planned services, the amounts and the currency.

The Hospital is bound by its price quotation as long as the enquiry is open; it may decline an enquiry at any time. An enquiry is not an order — it becomes binding only upon engagement by BGGI.

Neither a minimum nor a maximum amount applies to the Hospital's price quotation. The Hospital states its amount; a reference value stored on the Platform is an internal indication and not a limit.

The Hospital may deposit in the clinic section its own fee for reviewing a case presented to it (the “Hospital's review fee”). The amount is stated net; if the Hospital does not charge a review fee, the field remains empty. BGGI enters or changes a review fee only after consultation with the Hospital; each change is recorded with the person, time and the old and new amount.

If the Hospital is involved in the first service of a case, its review fee is added to the price of that service. BGGI charges it to the patient together with the platform surcharge and, if an agency supports the patient, the agency surcharge; the patient sees a total amount before submitting. The Hospital is entitled to the net amount it has deposited; the surcharges do not reduce it. The platform surcharge and the agency surcharge are calculated side by side on the pure net amount of the review fee, not on top of each other; neither surcharge is the basis of the other.

A change to the review fee applies only to cases submitted after the change. Services already booked retain the amount applicable at the time of their booking.

The review fee remunerates the Hospital's review of the case presented. The Hospital owes BGGI no remuneration for the allocation of a case.

For its services agreed and performed via the Platform, the Hospital receives the amount it has stated under § 13 and the review fee under § 14. These amounts are the fee solely for the Hospital's own services.

The amount paid by the patient and the amount due to the Hospital are separate. The patient is quoted a total amount; the breakdown is a matter for the internal relationship between BGGI and the Hospital. The Hospital is not informed of the amount paid by the patient. Surcharges that BGGI charges the patient — the platform surcharge as the fee for BGGI's services (§ 16) and, if an agency supports the patient, the agency surcharge as the fee for the support services of that agency, for the proven support of the Hospital by an agency engaged by BGGI for this purpose (paragraph 3) and for their administration and invoicing by BGGI — are calculated side by side on the Hospital's pure amount — excluding surcharges and VAT —, not on top of each other, and do not reduce the Hospital's amount.

An agency receives anything from the Hospital's cases only if it supports the patient or if BGGI has engaged it to support the Hospital; in both cases it receives its share of the agency surcharge paid by the patient. The agency that supports the patient receives its share as the fee for its support services to that person. If an agency proposed the Hospital for admission or the Hospital registered via the promotional link of an agency, BGGI records this and separately engages this agency to support the Hospital and to accompany the patients treated there; BGGI may end the engagement. For this support, the engaged agency receives a further share of the agency surcharge, but only for cases for which it has provided proof of the support; the registration itself establishes no share. The engaged agency sees only the file reference, status and month of the Hospital's cases, no names and no health data. An assignment of the Hospital to an agency by the Platform establishes neither a share nor an engagement. The Hospital pays nothing to an agency.

Payment method, advance payment, balance payment, time of payment and payment deadline are agreed separately for each hospital in the annex “Payment model”, which forms part of this Agreement. The payment model arises from proposal and consent: one side proposes, the other accepts, rejects or makes a counter-proposal. It is agreed only once both sides have consented; only then does it affect invoicing.

This Agreement itself does not state any rates, times or deadlines. Without an agreed payment model, neither an advance payment rate nor a special payment deadline applies; the due date is then determined by law. A change in the terms takes effect only once both sides have consented to the new version of the annex; until then, the previous version continues to apply, and it remains verifiable for the period of its validity.

For a service that the Hospital has performed on site for a patient of the Platform and that has not been booked or invoiced via the Platform, the Hospital may enter an amount and a reason in its section of the Platform (“Direct Payment on Site”). The reason always describes the service performed; no amount may be demanded for directing, steering or acquiring patients or for any other act that is not a service of the Hospital's own. The Platform saves the reason as a template of the Hospital; only the Hospital sees, changes and deletes its templates.

The claim appears immediately, without release by BGGI, in the portal of the patient, together with a notification. The Hospital is responsible for the reason and the amount; it claims only what it has performed and what has not already been paid. There is no upper limit. Each claim receives its own sequential number; creation, payment, credit and withdrawal are recorded in the audit trail with the time and the acting person.

BGGI adds to the amount, vis-à-vis the patient, a platform share of currently 15 percent; BGGI may set a different rate for each country, the rate shown with the claim being authoritative. The platform share is the fee for BGGI's services in connection with the direct payment, namely processing of the payment, invoicing, receipt and administration. It does not reduce the Hospital's amount, and the Hospital pays BGGI nothing for it. No agency receives anything from it; no agency surcharge is levied on the claim.

The patient pays online via the Platform. After receipt of payment by BGGI, the Hospital is notified, and BGGI credits the amount entered to its credit balance; the platform share remains with BGGI. Receipt, invoice or credit note, payout and currency are governed by the terms of this Agreement on remuneration, invoicing and payout. The annex “Payment model” does not apply to the direct payment.

The Hospital may itself withdraw an unpaid claim. After payment, only BGGI's administration may withdraw the claim, in particular if the service was not performed; an amount credited is then reversed and, if already paid out, must be repaid to BGGI. The patient does not receive a dunning notice, but a reminder.

BGGI receives a fee exclusively for services that it performs itself: support of patients, translation, interpreting services, visa and travel organisation, case support, administration and the making available and use of the Platform. This fee is paid by the patient, in particular as the platform surcharge (§ 15 paragraph 2). If an agency supports the patient, the agency surcharge is the fee for the support services of that agency, for the proven support of the Hospital by an agency engaged by BGGI for this purpose (§ 15 paragraph 3) and for their administration and invoicing by BGGI.

The Hospital pays BGGI no fee for patients reaching it via the Platform, for a case being allocated to it or for a patient choosing the Hospital. No such fee is agreed either as a share of the Hospital's amount or in any other form; the Hospital's amounts are not reduced by any share for BGGI.

If the Hospital books a visibility package in accordance with the Terms for Paid Additional Services for Providers, its price is the fee for the visibility service — the highlighted presentation of the Hospital in lists and search results of the Platform. A visibility package has no effect on the allocation of cases to doctors or on the emergency page.

If the Hospital uses the staff recruitment services, the fee for them is governed solely by the Agreement on Staff Recruitment Services in the Healthcare Sector. It is a fee for those services and has no connection with patients.

The Hospital and the persons acting on behalf of the Hospital — in particular its doctors, the staff of the International Office, owners, shareholders and managing directors — cannot be an agency, active agent or social media partner of the Platform, nor an inviting person in the “Customers invite customers” programme. The Hospital receives no promotional link and no promotional code. The Platform rejects such a registration if the account or e-mail address is already listed as a clinic, doctor, pharmacy, healthcare professional, care partner, diagnostic and service unit or member of a hospital department.

BGGI grants the Hospital and the persons acting on its behalf no benefit whatsoever — neither money nor credit, discounts, benefits in kind or other advantages — for the registration, treatment or choice of a patient, and no such benefit is granted to them via the Platform by agencies or social media partners either. The Hospital does not demand any such benefit, does not accept a promise of one and does not accept one. As remuneration, the Hospital receives exclusively the amounts for its own services under § 15 including the Hospital's review fee.

If the Hospital learns that a person acting on its behalf is listed as an agency, active agent, social media partner or inviting person, it notifies BGGI of this without undue delay. BGGI then ends that person's participation in the programme concerned; no claim arises from the programme for the period thereafter.

The Hospital invoices the services performed to BGGI. There is no direct invoicing to the patient for a treatment organised via the Platform. The Hospital's invoice states the services performed, the period, the amount and the currency and refers to the process on the Platform; the annex “Payment model” applies to the form, deadline and content of other invoicing.

The tax treatment of the mutual services is determined in accordance with the rules applicable in each case. The Hospital notifies BGGI of its tax number and, if available, its VAT identification number and reports changes without undue delay.

Invoicing takes place via the Platform. Open, released, paid-out and cancelled amounts as well as third-party costs and fees can be viewed there by the Hospital at any time.

Payment is made cashless, at the Hospital's choice in the clinic section, by bank transfer to the account that the Hospital has provided to BGGI for the payout or to the Hospital's own account with the payment service provider Stripe, insofar as Stripe offers this account in the Hospital's country. The Hospital sets up the Stripe account on Stripe's site and manages it there; Stripe pays out from this account to the Hospital's bank. Each payout is released under the four-eyes principle on both routes: whoever prepares it does not release it themselves. The same amount is never paid out twice. The Hospital may change the payout route in the clinic section at any time; BGGI is informed of every change.

Amounts are owed and invoiced in euros. The Hospital may choose payout in US dollars in the clinic section. The amount is then converted at the reference rate of the European Central Bank used by the Platform; a currency exchange deduction is deducted, the rate of which is shown in the clinic section before the choice is made. The rate and deduction are fixed when the payout is released; the Hospital bears the exchange rate loss. The choice of payout in US dollars applies to the bank transfer; amounts are transferred to the Stripe account in euros, and the currency in which Stripe pays out from there depends on the settings of that account.

The Hospital is paid out only what the patient has paid to BGGI for its services, and only after receipt of payment by BGGI; this also applies to additional costs. Before receipt of payment, there is no claim to payout against BGGI.

If a service is cancelled, the claim relating to it lapses. Advance payments already made are credited against the next invoice or repaid. Each cancellation is recorded with the reason, time and acting person.

If a patient does not appear, the Hospital reports this without undue delay via the Platform. A cancellation fee and remuneration staggered according to the time of cancellation are not agreed; claims for services already performed remain unaffected.

Overpaid amounts, credit notes and refunds are shown on the Platform. They are initially recorded as pending and take effect only after BGGI has checked and released them; release takes place under the four-eyes principle.

A credit note may cover the whole amount or part of it (partial credit note); likewise, an amount may be refunded in whole or in part (partial refund). A refund never exceeds the amount paid for it, and the same amount is not refunded twice.

The release of a credit note simultaneously decides whether the service concerned remains active, remains partially active, is cancelled or whether the decision is deferred. A service that has been credited or cancelled is no longer requested for payment. If the Hospital refunds an amount, this is recorded on the Platform and credited or paid out to the patient.

Services are distinguished according to who bears their costs: BGGI's own services and services of third parties (third-party costs). Third-party costs that the Hospital advances for third parties — for example services of other hospitals, laboratories or transport services — are shown and documented separately. They are invoiced only insofar as they were previously ordered or released.

In the event of a cancellation or refund, third-party costs are considered separately: amounts already paid to third parties are identified before a decision is taken on a credit note. Third-party services not yet paid may be cancelled.

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 treatments are duly completed. Claims that have already arisen continue to exist and are invoiced in accordance with this Agreement and the annex “Payment model”. Upon the end of the Agreement, access is blocked.

An account of the Hospital is closed only if a reason is given; the reason, time and acting person are recorded. If an account is closed because of misuse, deception or breach of contract, the e-mail address remains blocked for re-registration; in all other cases it is released. Invoices, proofs and logs are retained in accordance with the statutory periods.

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.

The treatment — in particular indication, information, consent, performance, documentation, discharge and aftercare — is owed and answered for solely by the Hospital in its own name. This also applies to its doctors, departments and other staff, to the accuracy of its information, prices and cost estimates and to the services of third parties arranged by it.

BGGI owes the Hospital exclusively the organisation and support services under § 3. BGGI neither owes the treatment itself nor answers for its success, its quality or its lawfulness. BGGI's approvals, checks and notices — for example regarding proofs, licences, images, cost estimates or supplements — serve the organisation of the Platform; they do not relieve the Hospital of any obligation of its own.

Functions of the Platform using artificial intelligence — in particular case preparation, translation, AI interpreter and summaries — are aids. They do not constitute medical or legal advice by BGGI and do not replace professional review by the Hospital. BGGI gives no guarantee for their completeness and accuracy; paragraph 5 remains unaffected.

The Hospital indemnifies BGGI against claims by third parties — in particular by patients, relatives, payers and authorities — that are based on a breach of duty for which the Hospital is responsible in connection with the treatment or its information on the Platform, including the reasonable costs of legal defence. BGGI informs the Hospital without undue delay of claims asserted, does not acknowledge them without consultation and gives the Hospital the opportunity to participate in the defence. If BGGI contributed to causing the damage, the indemnity is reduced in proportion to BGGI's share of causation.

BGGI is liable without limitation for its own services in the event of intent and gross negligence, injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of an expressly assumed guarantee. In the event of simple negligence, BGGI is liable only for the breach of material contractual obligations — obligations whose fulfilment makes the proper performance of this Agreement possible in the first place and on whose observance the Hospital may regularly rely —, limited to the foreseeable damage typical of the contract. Otherwise, BGGI's liability is excluded. These limitations also apply to the personal liability of its bodies, employees and vicarious agents.

This paragraph governs the relationship between BGGI and the Hospital. Mandatory statutory liability and rights to which patients are entitled under mandatory law remain unaffected.

The parties comply with the General Data Protection Regulation and the data protection law applicable to each of them. The Hospital is an independent controller for the treatment; BGGI is the controller for the operation of the Platform. Where necessary, the parties conclude supplementary agreements, in particular on processing on behalf.

The Hospital observes medical confidentiality and binds its staff accordingly. It uses personal data of patients supported via the Platform exclusively for treatment and processing via the Platform — not for its own advertising and not for the purposes of third parties.

Medical documents are transmitted only insofar as the data subject has consented to the processing of their health data. If they withdraw consent, the case is suspended; until consent is given again, the Hospital receives no access to the health data of the case. The Hospital reports any suspicion of a personal data breach to BGGI without undue delay.

On the Platform, the Hospital sees exclusively the processes allocated to it; access is logged.

If a doctor of the Hospital conducts a video consultation via the Platform, the rules of the Cooperation Agreement for Doctors apply accordingly to the AI interpreter, transcript and summary: transcription and summarisation take place only if the patient and the doctor have answered yes; audio is not stored. The Hospital ensures that its doctors know these rules and inform persons they bring into the conversation of the transcript.

The Hospital's calendar shows the appointments of the Hospital's doctors for cases that the Hospital sees and the appointments at diagnostic and service units from their orders, in each case with time, name of the patient, name of the doctor, case number and status, without the requested service; appointments of suspended cases do not appear. Video consultations of a doctor appear there only if the doctor has switched this on in their own profile; without this setting, the Hospital does not see them.

The Hospital passes on information and documents concerning a patient to BGGI and to the other treating doctors and clinics of the case only on the basis of the release from medical confidentiality declared by the patient when opening the case, and only to the extent necessary for the treatment and its invoicing. If the patient revokes the release, the case is suspended; until it is given again, the Hospital neither passes on nor receives any information on the case via the Platform.

The parties treat trade secrets, terms and conditions and all non-public information of the respective other party that becomes known to them in the context of this Agreement as confidential. This obligation continues after the end of the Agreement.

The medical confidentiality of the Hospital and its staff remains unaffected. BGGI grants its employees and the service providers engaged access to health data only to the extent necessary for their task and binds them to confidentiality.

All terms of this Agreement apply only insofar as they are compatible with the professional law of the doctors working in the Hospital, hospital law and mandatory law. No term is to be understood or applied as an allocation of patients against payment, and no term obliges the Hospital to direct patients to particular doctors, hospitals, pharmacies or other providers.

BGGI may amend the text of this Agreement, in particular in order 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 Hospital on the Platform before it applies. The amended passages are displayed; the parts not amended 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 Hospital; until then, the version last consented to continues to apply.

If consent is not given, BGGI reminds the Hospital. If an amendment is urgent or legally mandatory, attention is additionally drawn clearly to it and to the consequences of consent not being given. 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 judicial 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 consent not being given. Even an urgent or legally mandatory amendment does not take effect without consent.

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

Assignments already placed, treatments already confirmed and ongoing cases 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.

The Hospital accepts this Agreement by digital signature: it enters the name of the person authorised to represent it, confirms that it has read the Agreement and confirms the signature via the link sent by e-mail. BGGI stores the name, time, version and the checksum of the signed wording.

Amendments and supplements 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. Notices of termination are given in text form.

Individual agreements between the parties take precedence over this agreement.

This Agreement is governed by the law of the Federal Republic of Germany. The hospital and professional law applicable to the Hospital at its registered office remains unaffected.

If the Hospital is a merchant, a legal entity under public law or a special fund under public law, or if it has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement is BGGI's registered office 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. Each translation contains this notice in its own language.