Practice Partner Terms

§ 1 Subject Matter, Free of Charge

(1) Vitalmyn provides Practice Partners with a platform on which they create product recommendations ("protocols") for their patients. Vitalmyn sells the products in its own name (seller), stores and ships them.

(2) Registration and use of the platform are free of charge for Practice Partners. Vitalmyn reserves the right to introduce usage fees in the future; any such introduction will be announced in accordance with § 11.

§ 2 Eligibility

(1) Practice Partners may be Heilpraktiker holding a valid licence under the German Heilpraktiker Act (Heilpraktikergesetz). The licence must be evidenced after registration; until Vitalmyn has reviewed it, no protocols can be sent.

(2) The contracting party may be a natural person or a practice entity of any legal form. Payouts are made to the contracting party (§ 6).

(3) Required for payout: tax number, declaration of small-business status (§ 19 UStG), consent to credit-note settlement (§ 6), IBAN. Tax and trade obligations arising from participation rest with the Practice Partner; Vitalmyn provides informational material but performs no verification.

§ 3 Roles, Independence

(1) The Practice Partner recommends products exclusively within the scope of their own therapeutic practice and responsibility. Vitalmyn exercises no influence over the content or extent of recommendations; there are no sales targets, minimum volumes or distribution obligations.

(2) The Practice Partner is not a commercial agent, not a vicarious agent and not a representative of Vitalmyn.

(3) Vitalmyn does not provide therapeutic services and gives no medical recommendations. Protocols are recommendations of the Practice Partner under their own responsibility. Food supplements are not medicinal products.

§ 4 Protocols, Obligations of the Practice Partner

(1) Protocols contain products, dosage and duration, plus an optional free-text field. Disease-related or health-related advertising statements about products are not permitted in the free-text field.

(2) The Practice Partner creates protocols only for persons with whom they have their own treatment or consulting relationship.

(3) Informing their patients about their remuneration (§ 5a UWG) is the responsibility of the Practice Partner.

§ 5 Remuneration

(1) The Practice Partner receives a percentage-based remuneration on purchases concluded via their protocols. The applicable rate and calculation basis are shown in the Practice Partner account.

(2) Discount dial: The Practice Partner may pass on their remuneration, in whole or in part, as a price discount to the respective patient. Where it is passed on in full, no remuneration is paid.

§ 6 Settlement, Payout

(1) Settlement takes place monthly by way of the credit-note (self-billing) procedure (§ 14 para. 2 sentence 2 UStG). The Practice Partner gives consent to settlement by credit note separately in the Practice Partner account. If the Practice Partner does not object to a credit note within two weeks, it is deemed accepted.

(2) Remuneration accrues only after the unexercised expiry of the withdrawal period of the respective order. In the event of withdrawal, reversal or payment default, the remuneration lapses; amounts already paid out are offset against subsequent credit notes.

(3) Payout is made monthly to the registered IBAN; there is no minimum balance.

§ 7 Data

(1) Vitalmyn processes patient data from protocols exclusively for the performance of the contract and in accordance with the privacy policy; no use for advertising, no tracking within the logged-in area.

(2) Vitalmyn may use aggregated, non-personal analyses (SKU/practice level) for assortment and logistics. No analyses are performed at patient level.

(3) Vitalmyn and the Practice Partner each process patient data under their own responsibility. They inform each other without undue delay of any personal data breach affecting the other, and forward to the other without undue delay any requests from patients or supervisory authorities concerning the other's processing.

(4) The Practice Partner keeps their login credentials confidential and informs Vitalmyn without undue delay if they notice any unauthorised use of their account.

§ 8 Intellectual Property

(1) All rights in the platform, its software, its texts, the catalogue and product data, the trademarks and the design belong to Vitalmyn or its licensors.

(2) The Practice Partner may use this content only for using the platform within the scope of this contract. Any further reproduction, distribution or disclosure is prohibited.

§ 9 Liability, Indemnity

(1) Vitalmyn's liability is excluded to the extent permitted by law.

(2) Vitalmyn does not guarantee uninterrupted availability of the platform.

(3) The Practice Partner indemnifies Vitalmyn against third-party claims arising from their recommendations, the content of their protocols or a breach of § 4, including the reasonable costs of legal defence.

§ 10 Term, Termination

(1) The contract runs for an indefinite period; either party may terminate with 14 days' notice. The right to extraordinary termination (in particular for breaches of § 4) remains unaffected.

(2) Upon the termination taking effect, attribution and remuneration end; remuneration accrued up to that point is settled.

(3) If the Heilpraktiker licence is suspended or expires, the account is suspended.

§ 11 Amendments

Amendments to these terms are announced in text form with 2 weeks' notice. If the Practice Partner does not object within this period, they are deemed accepted; the announcement points out this consequence. If the Practice Partner objects, they may terminate the contract with effect from the date the amendment takes effect.

§ 12 Final Provisions

(1) Dutch law applies. The place of jurisdiction is Amsterdam, to the extent legally permissible.

(2) There are no side agreements; amendments must be made in text form.

(3) Should any provision be invalid, the validity of the remaining provisions remains unaffected.