AGB

General Terms and Conditions of Business, hereinafter referred to as "Ts&Cs"

Bodyguard4Life is a product of Vorsorge 365 GmbH, Tannenhof 1, D-56130 Bad Ems.

Telephone: 02603 - 9317710
E-Mail: info@bodyguard4life.de
Internet: www.bodyguard4life.de
Responsible as the company's managing directors: Andreas Theisen, Stefan Theisen

Bodyguard4life is hereinafter referred to as "Provider".

1. Introduction

The Provider is a software service provider for digital provision:

a) personal Cloud memory,
b) medical emergency data,
c) general health data,
d) immaterial provision.

The following terms are used in business transactions:

a) Customer
A customer is the party ordering the provision of a service in the business sector (B2B). He or she markets the services of the Provider and has a direct legal connection towards the Provider with regard to responsibility and liability.

b) User A user is the person who deploys and uses the services of the Provider.
c) Third-party providers Third-party providers are service providers within the framework of a supplier. This can be an Internet service provider, a telecommunications company or also an end customer product provider. Third-party providers are thus service providers outside of the company and not a direct service of the Provider.

2. Subject

  • 1. The subject of the contract hereby entering into force incorporates solely the products and services of the Provider within the framework of these General Terms and Conditions of Business.
  • 2. The Provider offers its customers/users:
    • a) memory spaces for technical information,
    • b) personal information,
    • c) emergency information on the person,
    • d) health data administration,
    • e) accessory products of third-party providers.
  • 3. In data transactions, emergency information and health data on a person can be retrieved online by authorised third parties. A secure login section by means of a login name and login password or ID/customer number and/or SOS PIN / SOS password and individual customer passwords are mandatory for this. In addition, car data can be called up on the Internet as manufacturer sketches via the individual car registration number of the user. A secure login area by means of a login name and login password or ID/customer number and/or emergency PIN / emergency password and individual customer passwords are not required for this.
  • 4. In contrast, changes can only be made by one or more login access data individually adjusted by the user, comprising login name and password within the framework of full access authorisation. Personal data can only be amended via the access authorisation individually adapted by the user. Amendments to the data can only be made via the existing password system. Other methods are not envisaged.
  • 5. With the purchase, order/registration and activation of this service, apart from services from third-party providers, the user automatically agrees to these General Terms and Conditions of Business and accepts them as a basis of the contract. In addition, the user agrees to the retention of his/her data stored in the emergency account and hereby also declares his/her consent to these being provided publicly in order to view them on the Internet.
  • 6. The rights to the personal data remain solely with the user. The Provider only has access to the personal user data (name, address, telephone, etc.) within the framework of the user administration.
  • 7. If the user has received his/her service as a voucher in full or as a partial service of another service or product, he/she declares himself/herself in agreement that a partial extract of his/her user data (name, telephone numbers and e-mail) may be forwarded to the person/the company (no forwarding to private individuals) who has provided the voucher / assumed the costs.
  • 8. The Provider makes explicitly clear that the use of the services it provides does not constitute any guarantee of completeness or correctness. The Provider does not provide any consulting service at any time. Users do not receive any takeovers of further data input or data changes through the Provider. The Provider recommends to every user that he or she has technical data entered by a technically qualified person.
  • 9. If the Provider offers services of third parties, the respective terms and conditions of the third party, and not those of the Provider, apply for the third party's services/products. Such services are not part of this contract either.
  • 10. In the event of erroneous entries, the users are themselves liable for any personal damage. The user is obligated to check his/her stored information online or to have it checked.
  • 11. Services whose usage is subject to technologies or products of external providers (e.g. satellite technology or mobile communication systems, etc.) are excluded from the Provider's liability.

3. Data protection and technology

  • 1. By accepting these General Terms and Conditions of Business, the user declares his/her explicit will that his/her data or data entered by authorised third parties (doctor, pharmacist, therapist, car workshop, car dealer or similar) may be saved by the Provider and may also be retrieved by authorised third parties over the Internet. Authorised parties are deemed to be any parties who are notified by the user about access data (ID/PIN or login name and password). In the event of an emergency, each helper may access his/her emergency data via ID/PIN for the user's benefit.
  • 2. The data is used solely to fulfil this contract. It will not be forwarded or made accessible to unauthorised third parties. The Provider will ensure compliance with data protection through the senior administrator. Data protection in the event of access by third parties, whether authorised or unauthorised, is not included in the Provider's area of responsibility.
  • 3. The Provider saves the customer and user data in protected databases; no third party is granted access to these databases. Although the Provider has carried out all security precautions with the current and market-leading security technology in order to protect the private data of the users, there is no full guarantee on the Internet for the security of data that can be retrieved on line. All employees, including those who do not have any direct access to the data have signed a declaration of non-disclosure. This means that improper use is virtually excluded. A data protection officer continually monitors compliance with the specifications under data protection law.
  • 4. The Provider guarantees orderly and permanent operation for all services from its direct operation. The Provider is not liable for any damage that results from misuse or unforeseeable adversities. In particular, downtimes caused by technical problems are subject to a disclaimer.
  • 5. The customer and user data entered are only saved for the duration of the contract/usage. The customer data will be irrevocably destroyed 8 weeks after the expiry of the contract.

4. Liability

  • 1. Users are themselves responsible for the direct usage or usage by third parties and bear full liability. They are instructed not to make it possible for any third party – except for authorised persons or in an emergency situation – to access their main menu which is protected by a login name and password.
  • 2. The Provider does not assume any responsibility for damage resulting from wrong input by the user or a third party. The Provider does not carry out any control of the data entered. There are thus no grounds for liability on the part of the Provider in the event of the data being incomplete or having been entered in a misleading manner.
  • 3. The Provider does not assume any liability for services of third parties that are offered via the Provider. Here, the liability lies with the third party and the latter's terms and conditions apply.

5. Duration of contract and termination

  • 1. The duration of contract varies depending on tariff but is usually 99 years. The user can find all durations in the personal cover letter by email directly after the activation of a service.
  • 2. The customer can terminate his/her usage of the service online at any time, but at the latest three months before the end of the contract. The confirmation by the Provider is decisive here.
  • 3. The validity of the termination only becomes legally binding upon receipt of digital confirmation of termination by the Provider.
  • 4. The user data will be permanently destroyed after expiry of the contractual term. Prior deletion will only be done on written application.

6. Miscellaneous

  • 1. Amendments to the contract and side agreements may only be made in writing to be valid. Withdrawals or terminations are only valid as registered letters. The date of the postmark is decisive here.
  • 2. All additions, amendments or supplements to this contract must be made in writing.

7. Severability clause

  • 1. If individual provisions of the contract should be or become invalid or ineffective, this will not affect the validity of the other agreements. The parties undertake to replace the clause that has become invalid or ineffective with a regulation that comes closest to the existing regulation pursuant to the expectations and the commercial business bases of the parties.

8. Place of jurisdiction

  • 1. The place of jurisdiction is the responsible court of the Provider.
  • 2. The current status of these General Terms and Conditions of Business is 01/01/2018.

General Terms and Conditions of Business of Vorsorge365 GmbH

§ 1 Introduction

Vorsorge365 GmbH offers software services (in the following: "Provider" – Provider identified cf. company details and legal notice at www.bodyguard4life.de ). The Provider is a software service provider for Cloud, SOS data, immaterial provision and digital real estate, travel and estate management. The following terms are used in business transactions:

  • a) Customer
    • The customer is the party ordering the provision of a service. He or she can be a private individual or a trader. He or she has a direct legal connection to the Provider with regard to responsibility and liability.
  • b) User
    • A user is the person who uses the services of the Provider and may be different from the customer in certain circumstances. A typical example of a user is a child who is in the possession of a carrier medium and enjoys its protection. In this case, the customer can be a parent, a grandparent or a godparent. A company, sales employee, an association or a regulatory organisation can also act as the customer and use a third party as the user. The customer can of course also act as the user himself/herself.
  • c)
    • Third-party providers are service providers within the framework of a supplier or cooperation partner. This can be an Internet service provider, a telecommunications company or also an end customer product provider. Third-party providers are thus service providers outside of the company and not a direct service of the Provider.

§ 2 Subject

  • 1. The subject of the contract hereby entering into force incorporates solely the products and services of the Provider within the framework of these General Terms and Conditions of Business.
  • 2. The Provider offers its customers/users:
    • - memory spaces for personal and medical information,
    • - accessory products (emergency data cards, emergency arm bands, etc.),
    • - products of third-party providers.
  • 3. In data transactions, data can be viewed and processed on the Internet via a secure login area by means of a login name and login password or ID/customer number and emergency PIN / emergency password and individual customer passwords. Medical changes will be made by one or more access authorisations created individually by the customer. Personal data can only be viewed via the access authorisations individually created by the customer. Amendments to the data can only be made via the existing password system. Other methods are not envisaged.
  • 4. With the registration/ordering of a service, apart from services from third-party providers, the customer automatically agrees to these General Terms and Conditions of Business and accepts them as the basis of the contract.
  • 5. Services of the Provider can only be transferred with the written consent from the Provider. The rights to the personal data remain solely with the user. The Provider only has access to the personal customer and participant data (name, address, telephone, etc.). That is why no medical information can be provided by the Provider to the customer/user or an authorised third party either. The Provider does not have any access to the emergency PIN or passwords but merely to the ID/code number for user administration.
  • 6. If the user has received his/her service as a voucher in full or as a partial service of another service or product, he/she declares himself/herself in agreement that a partial extract of the user data (name, telephone numbers and email) may be forwarded to the company (no forwarding to private individuals) who has provided the voucher / assumed the costs.
  • 7. The Provider makes explicitly clear that the use of the services provided does not replace any medical consultation or treatment. The Provider does not provide any medical consulting service at any time. Customers/users do not receive any takeover of the data input or data changes through the Provider. The Provider recommends that each user ONLY has the medical data entered by a doctor. In the event of treatments by a therapist, the latter can also be made responsible. Input of the medical data, irrespective of their form, should NEVER be made by the customer/user.
  • 8. If the Provider offers services of third parties, the respective terms and conditions of the third party, and not those of the Provider, apply for the third party's services/products. Such services are not part of this contract either.
  • 9. In the event of the carrier medium being lost or in the event of erroneous entries, the users themselves are liable for any personal damage. The user is obligated to block his/her carrier medium online via his/her personal secured data input area. A loss is to be reported to the Provider immediately. The customer will receive a replacement service immediately from the Provider. Customers/users can find the costs incurred in the Provider's price list.
  • 10. Services whose usage is subject to technologies or products of external providers (e.g. satellite technology or mobile communication systems, etc.) are excluded from the Provider's liability.

§ 3 Data protection and technology

  • 1. With the acceptance of these General Terms and Conditions of Business, the user declares his/her explicit will that his/her data or those data entered by an authorised third party (doctor, pharmacist, etc.) can be saved by the Provider.
  • 2. The data is used solely to fulfil this contract. They will not be forwarded or made accessible to unauthorised third parties. The Provider will ensure compliance with data protection through the senior administrator.
  • 3. The Provider saves the customer and user data in protected data bases; no third party is granted access to these databases. Although the Provider has carried out all security precautions with the current and market-leading security technology in order to protect the private data of the users, there is no full guarantee on the Internet for the security of data that can be retrieved online. All employees, including those who do not have any direct access to the data have signed a declaration of non-disclosure. This means that improper use is virtually excluded. A data protection officer continually monitors compliance with the specifications under data protection law.
  • 4. The Provider guarantees orderly and permanent operation for all services from its direct operation. The Provider is not liable for any damage that results from misuse or unforeseeable adversities. In particular, downtimes caused by technical problems are subject to a disclaimer.
  • 5. The Provider guarantees orderly and permanent operation for all services from its direct operation. The Provider is not liable for any damage that results from misuse or unforeseeable adversities. In particular, downtimes caused by technical problems are subject to a disclaimer.

§ 4 Liability

  • 1. Customers and users are themselves responsible for the direct usage or the usage by third parties and carry the full liability. They are instructed not to procure access to this data for any third party, apart from authorised persons or in an emergency.
  • 2. The Provider does not assume any responsibility for damage caused by wrong input by the customer, the user or a third party. The Provider does not carry out any control of the data entered. There are thus no grounds for liability on the part of the Provider in the event of the data being incomplete or having been entered in a misleading manner.
  • 3. The Provider does not assume any liability for services of third parties that are offered via the Provider. Here, the liability lies with the third party and the latter's terms and conditions apply.

§ 5 Duration of contract and termination

  • 1. The duration of contract varies depending on tariff but is usually 12 months. If terms should deviate, these will be found in your personal cover letter.
  • 2. The customer can terminate his/her usage of the service by post at any time, but at the latest three months before the end of the contract. The date of the postmark is decisive here.
  • 3. The validity of the termination only becomes legally binding after receipt of a confirmation of termination by the Provider.
  • 4. The customer and user data will be permanently destroyed after expiry of the contractual term. Prior deletion will only be carried out on written application.

§ 6 Miscellaneous

  • 1. Amendments to the contract and side agreements may only be made in writing to be valid. Withdrawals or terminations are only valid as registered letters. The date of the postmark is decisive here.
  • 2. All additions, amendments or supplements to this contract must be made in writing.

§ 7 Severability clause

  • 1. If individual provisions of the contract should be or become invalid or ineffective, this will not affect the validity of the other agreements. The parties undertake to replace the clause that has become invalid or ineffective with a regulation that comes closest to the existing regulation pursuant to the expectations and the commercial business bases of the parties.

§ 8 Place of jurisdiction

  • 1. The place of jurisdiction is the responsible court of the Provider.

§ 9 Current status

  • 1. The current status of these General Terms and Conditions of Business is 01/01/2018.