General terms and conditions (GTC) of ViaSlim AG

General Terms and Conditions (GTC) of ViaSlim AG

1.1 Provider

ViaSlim AG (hereinafter „ViaSlim“, „we“, „us“) is a medical institution based in Zurich, Switzerland, holding an operating licence from the Canton of Zurich for medical and health-related services in the areas of weight management, nutritional medicine and health promotion. Services relating to nutritional counselling are provided through our branch office in the Canton of Bern.

ViaSlim provides its services both via telemedicine and through on-site consultations and makes them available to users (hereinafter „users“).

Contact details:

ViaSlim AG

Asylstrasse 104

8032 Zurich

Email: support@viaslim.ch

1.2 Scope of services

ViaSlim offers doctor-led medical services, telemedicine and on-site consultations as well as nutritional counselling and accompanying health-related services.

The scope of services includes in particular, but is not limited to:

• medical assessments and doctor's consultations,

• nutritional-medicine advice and nutritional counselling,

• health-related coaching,

• diagnostic, administrative and coordinating services in connection with the treatment,

• digital support services, in particular the ViaSlim application (hereinafter „app“).

Services may be provided by ViaSlim itself or by independent partners (e.g. doctors, nutritional counsellors, pharmacies, laboratories). These act on their own responsibility and are subject to their respective professional and liability-law requirements. In such cases, ViaSlim assumes in particular organisational and coordinating tasks.

2. Subject matter of these GTC

2.1 These General Terms and Conditions (GTC) govern the legal relationship between ViaSlim AG and users in connection with the use of the medical, nutrition-related and other health-related services offered, as well as the use of the ViaSlim application.

By booking a service, concluding a service package or using the ViaSlim app, you agree to these GTC in their respective applicable version.

2.2 Supplementary app terms of use apply to the use of the ViaSlim app. These form an integral part of these GTC.

3. Eligibility requirements

3.1 ViaSlim's services are available exclusively to persons who

• are at least 18 years old and have capacity of judgement, and

• have no medical contraindications for the respective services or therapies, as described in particular in the patient information.

3.2 By using a service, you confirm that you meet the stated requirements and have provided the required information truthfully.

4. Conclusion of contract, term and termination

4.1 Conclusion of contract

A contract between ViaSlim and you is concluded as soon as

• the medical indication check has been successfully completed, and

• ViaSlim has confirmed the booking or accepted a payment in full or in part.

4.2. Termination. Term and renewal:

4.2.1 Medical services (medical treatment / compulsory health insurance, OKP)

The medical treatment is based on a mandate relationship. You may terminate the use of medical services at any time (Art. 404 CO). If the medical treatment is ended for medical reasons, this also entitles you to extraordinary termination of any self-pay programme in accordance with section 4.2.2, with no payment obligation for subsequent billing periods.

Termination does not affect the obligation to pay for services already provided, commenced or organisationally prepared.

4.2.2 Self-pay model (Holistic Reset)

The Holistic Reset is a voluntary all-inclusive self-pay package. It comprises two legally distinct components: (i) the medical treatment, which is based on a mandate relationship and can be ended at any time in accordance with section 4.2.1 and Art. 404 CO, and (ii) the programme and service package (coordination and provision of the drug therapy, health coaching, check-ins as well as access to the app and the care team), which is structured as a continuing obligation with a selectable term. Billing takes place in advance in billing periods of 28 days each.

a) Term options. When booking, you choose one of the following options for the programme and service package: (1) a 12-month option with a minimum term of 12 months; (2) a 6-month option with a minimum term of 6 months; (3) a monthly option with no minimum term, cancellable monthly. The chosen option, the price per billing period, the minimum term and the notice period are shown transparently before the contract is concluded and are confirmed separately by you.

b) Billing and the meaning of «month». Regardless of the chosen option, billing takes place every 28 days in advance. A «month» within the meaning of the term specifications corresponds to a billing period of 28 days; the minimum term is calculated in such billing periods. The total number of billing periods per term and the amount owed per period are shown before the contract is concluded. The first payment is made upon booking, the others at the start of each following billing period.

c) Discounted term price. The 6-month and the 12-month options are offered at a programme price that is discounted compared with the monthly option. The discounted price is granted for continuous participation over the chosen term.

d) Ordinary termination. The monthly option can be cancelled at any time with at least 7 days' notice as at the end of the current billing period. The 6-month and the 12-month options can be cancelled with at least 7 days' notice as at the end of the respective minimum term; during the current minimum term, ordinary termination is excluded. The right to extraordinary termination (letter f) as well as the right to end the medical treatment at any time (section 4.2.1, Art. 404 CO) remain reserved in any case.

e) Automatic renewal. If an option with a minimum term is not cancelled in good time, it is automatically renewed for the same duration in each case (12 months by a further 12 months, 6 months by a further 6 months) on the terms applicable at the time of renewal; the monthly option is renewed by one billing period each time. ViaSlim will inform you in good time, generally 30 to 14 days before the end of the respective term, in text form about the upcoming expiry, the automatic renewal and the possibility of termination.

f) Extraordinary termination for good cause. You may terminate the programme and service package extraordinarily at any time and without observing the minimum term, only where there is good cause; good cause exists where the medical treatment is ended or not continued for medical reasons (in particular serious side effects, pregnancy) and this is confirmed by a medical certificate. If the extraordinary termination is accepted, any payment obligation for subsequent billing periods ceases; billing periods already paid in advance but not yet commenced are refunded on a pro rata basis.

g) Consequences of early ordinary termination. If an option with a minimum term is ended before its expiry for non-medical reasons, there is no payment obligation for future billing periods not used. However, ViaSlim is entitled to subsequently charge the term discount granted for the billing periods already used (the difference between the discounted price and the regular monthly price in accordance with section 8.1). Claims for compensation for damage actually incurred as a result of termination at an inopportune time under Art. 404 para. 2 CO remain reserved. Payment for services already provided, commenced or organisationally prepared, as well as for medicines already organised or dispatched, remains owed in any case.

h) Relationship to the medical treatment. The minimum term and the automatic renewal relate exclusively to the non-medical programme and service component. The right to end the medical treatment at any time (Art. 404 CO) remains unaffected; if the medical treatment is ended for medical reasons, letter f applies.

i) Form of termination. Terminations must be sent in text form to ViaSlim AG, Asylstrasse 104, 8032 Zurich, or by email to support@viaslim.ch.

j) Scope of the medicine delivery. The programme price of the Holistic Reset includes, per billing period (28 days), a delivery of one pen of the doctor-prescribed GLP-1 preparation, in accordance with the doctor-prescribed dosage. Additional pen deliveries within the same billing period – for example in the event of early request, loss or damage – are not included in the programme price and require medical approval. They are charged to you separately, currently at CHF 299.– per additional Wegovy® pen or CHF 499.– per additional Mounjaro® pen.

4.3 Special right of termination:

ViaSlim is entitled to end the cooperation with reasonable notice, in particular if

a) these GTC or medical instructions are breached repeatedly or substantially,

b) payments fail to be made despite a reminder,

c) services are used improperly, or

d) medical reasons preclude the further provision of services.

The obligation to pay for services already provided, commenced or prepared remains unaffected.

4.4 Costs of returns. You bear the costs of returning products, unless the return is due to a circumstance for which ViaSlim is responsible (e.g. incorrect delivery, defect, cancellation by ViaSlim) or to a statutory right of withdrawal; in these cases ViaSlim bears the return costs. Prescription medicines already dispensed or dispatched cannot be taken back or refunded for reasons of pharmaceutical and hygiene law.

4.5 Medicine delivery: As part of the medicine order, you enter into a business relationship with MediService AG. We transmit to MediService AG the data required for the purchasing process (contact details, delivery and billing address, insurance data, medicine order). Depending on your health insurance model, the costs are reimbursed to you by your health insurer. MediService AG processes the data in accordance with its privacy policy. An order with MediService AG is subject to its terms and conditions. Free shipping to a Swiss address for prescription medicines, including VAT. Shipping is by registered mail.

The transmission to MediService AG of the data required for the order and shipping process takes place on the basis of your express consent and the release from professional secrecy (section 10.3) and is limited to the data necessary for this purpose. MediService AG is independently responsible under data protection law for the further processing of this data.

5. Services of ViaSlim AG

5.1 The specific scope of the services owed by ViaSlim results from the respective booking confirmation and the associated service description.

You are obliged to check the booking confirmation carefully and to report any discrepancies without delay.

5.2 ViaSlim provides services via telemedicine and digitally as well as through on-site consultations.

There is no entitlement to the provision of a service at a particular place, at a particular time or in a particular form, unless expressly agreed otherwise.

5.3 You decide for yourself whether and to what extent you actually make use of booked services.

Not making use of a booked service does not affect the obligation to pay for services already provided or individually prepared; otherwise section 5.4 applies.

5.4. The obligation to pay for booked services arises upon their booking as well as the medical, organisational or technical preparation of the respective service.

If you do not make use of a booked service, or do not make full use of it, amounts already paid in advance are refunded to the extent that ViaSlim has not yet provided, specifically commenced or individually prepared any services for the service in question and has not organised or dispatched any medicines.

This applies in particular to doctor's consultations, medical assessments, administrative activities and coordination services.

5.5 For scheduled services, the cancellation and no-show rules under section 7 of these GTC apply in addition.

A transfer of booked services to other periods or to other persons is excluded.

5.6 ViaSlim reserves the right to further develop services, adapt them or change individual service components, provided that this does not materially impair the overall character of the booked service.

5.7 ViaSlim offers, among others, the following service packages:

• Core Transformation: medical care and nutritional-medicine services within the framework of compulsory health insurance (OKP/KVG)

• Holistic Reset: a voluntary all-inclusive self-pay package in various term options in accordance with section 4.2.2. Included – where there is corresponding medical indication and prescription – is a drug therapy with a GLP-1 receptor agonist amounting to one pen delivery per billing period (section 4.2.2 let. j); the treating doctor alone decides on suitability, the selection of the specific preparation and the dosage.

The specific scope of services results from the respective programme description.

5.8 Further services:

(a) The use of the ViaSlim app is included with the booking of a service, provided that it is required or intended for the respective service.

The use of the app is subject to the supplementary app terms of use, which are part of these GTC.

(b) Community and activities:

ViaSlim may offer you access to voluntary community functions, educational content and health-related activities.

There is no entitlement to participation in such offers. ViaSlim reserves the right to adapt or discontinue access at any time.

(c) You undertake in particular

• to provide complete and truthful information about yourself and your state of health,

• to report relevant changes in your state of health without delay,

• not to use the services offered improperly.

In the event of breaches, ViaSlim is entitled to warn you, to exclude you from individual services or to restrict access to certain functions.

Such exclusion takes place without any entitlement to a refund. There is no entitlement to participation in these activities.

6. Appointment booking and booking of services

6.1 ViaSlim's services can be booked via the website, the ViaSlim app or other booking channels provided by ViaSlim.

The scope, type and prices of the respective services result from the service description and booking confirmation valid at the time of booking.

6.2 The obligation to pay for booked services arises upon their booking as well as the medical, organisational or technical preparation.

For services not used or not fully used, the refund rule under section 5.4 applies.

6.3 ViaSlim reserves the right to adapt or postpone booked services for objective reasons (e.g. medical requirements, organisational adjustments or the availability of service providers).

Material changes will be communicated to you in good time.

6.4 Service descriptions on the website or in the app serve as general information. The decisive factor is the scope of services defined in the booking confirmation.

ViaSlim reserves the right to adapt or further develop services, in particular to implement legal or regulatory changes or to develop the offering in a medically sensible way.

Material changes will be communicated to you in good time.

7. Cancellations, late arrivals and withdrawal

7.1 Appointments already agreed can be cancelled free of charge up to no later than 24 hours before the agreed appointment.

The cancellation must be made via the designated booking channels (e.g. ViaSlim app, telephone or email). Cancellations via social media channels will not be taken into account.

7.2 In the event of a cancellation less than 24 hours before the appointment or in the event of non-attendance (no-show), ViaSlim is entitled to charge a flat-rate cancellation fee as lump-sum compensation for the appointment that can no longer be filled otherwise at short notice.

This flat-rate compensation currently amounts to:

• CHF 50.– for appointments in the area of nutritional counselling, health coaching

• CHF 75.– for doctor's consultations.

The flat-rate compensation covers in particular the organisational and economic expense incurred by the short-notice cancellation or the non-attendance.

The relevant amount is shown when the appointment is booked and applies bindingly to the appointment in question; a change in the amounts applies only to future appointment bookings. If you prove that ViaSlim incurred no damage or lesser damage (in particular because the appointment could be filled otherwise), the compensation ceases or is reduced accordingly. In the case of cancellations for good cause (e.g. acute illness, emergency), the compensation is waived.

The assertion of proven further damage remains reserved.

7.3 Late arrivals that prevent or substantially restrict the complete or proper performance of the booked service are at your expense.

There is no entitlement to a make-up appointment or a refund in these cases.

7.4 Statutory right of withdrawal. Under Swiss law, there is no general right of withdrawal for contracts concluded online or via the app. However, if the contract was concluded by telephone, in the context of a promotional event or in a comparable situation within the meaning of Art. 40a et seq. CO, you may withdraw from the contract within 14 days of receiving the legally required information in text form. The right of withdrawal does not apply to services already fully provided or commenced with express consent, nor to prescription medicines that have been dispatched.

8. Prices and payment

8.1 Prices

The prices applicable from time to time for the services and service packages offered are shown on the ViaSlim website or during the booking process.

The prices and the stated payment frequency that were published and confirmed at the time of booking apply.

Price changes apply exclusively to future bookings or billing periods and do not affect bookings already confirmed. For options with a fixed term (6-month or 12-month option), the programme price confirmed at booking remains unchanged for the entire chosen term; a price change can take effect at the earliest from the start of a renewal period and is communicated at least 30 days in advance. If you do not agree with the change, you may terminate the contract as at the time the change takes effect.

8.1a Introductory and promotional prices. ViaSlim may offer individual programmes with a time-limited or quantity-limited introductory or promotional price (e.g. a discounted price for the first billing period). Before the contract is concluded, the following are clearly shown: the discounted price, the period or the number of billing periods for which it applies, the regular price per billing period that applies thereafter, and the billing rhythm. After the introductory period ends, the regular price automatically applies. All prices are final prices in Swiss francs including any value added tax; medical treatments are exempt from value added tax (Art. 21 para. 2 no. 3 VAT Act).

8.2 Recurring payments for fixed-price programmes, service packages

Self-pay service packages, in particular the Holistic Reset, are billed in advance in billing periods of 28 days each. Due to the 28-day rhythm, around 13 billing periods arise per calendar year; the number of charges and the effective annual amount are shown before the contract is concluded. When booking, you choose a term option in accordance with section 4.2.2.

By concluding such a programme, you expressly agree that the agreed fee is automatically charged for each new billing period, unless the programme is cancelled in good time in accordance with these GTC.

The first payment is made upon booking, followed by recurring payments for each further billing period.

You assume responsibility for all payments that accrue up to the point at which a termination takes effect. For future billing periods not used, there is no payment obligation after early termination (section 4.2.2, Art. 404 CO).

8.3 Payment terms:

a) Payments are generally due in advance and immediately, unless expressly agreed otherwise. The payment methods available in each case are displayed during the booking process.

ViaSlim reserves the right to adapt the payment methods offered at any time. The decisive factor is the payment methods available at the time of booking. By providing payment data, you authorise ViaSlim to collect the amounts owed in accordance with these GTC via the chosen payment method.

Payment processing may take place via external payment service providers. Their terms and conditions apply in addition.

b) In the event of full or partial non-payment, ViaSlim is entitled to withhold, suspend or discontinue services.

c) You bear any fees or transaction costs incurred by payment service providers.

d) Payments are made in Swiss francs (CHF), unless another currency is expressly offered.

e) When using external payment service providers, their terms and conditions apply in addition. These providers are responsible for the security and processing of the payment transactions.

f) Payment by invoice: Where ViaSlim offers the payment method «purchase on account» and accepts it in the individual case, you undertake to pay the invoice amount in full and without deduction within the payment period shown on the invoice; if no payment period is shown, a period of 30 days from the invoice date applies.

Upon the unused expiry of the payment period, you are in default (Art. 102 para. 2 CO).

If payment fails to be made in full or in part despite a reminder, ViaSlim is entitled to transfer or assign the outstanding claim to a debt collection company and to enforce it by way of debt enforcement proceedings. The additional costs arising from this, in particular reminder, collection and debt enforcement costs, are at your expense to the extent permitted by law. For the processing and enforcement of the claim, the data required for this purpose may be transmitted to the commissioned payment or collection service provider; the privacy policy applies in addition. ViaSlim's right to withhold, suspend or discontinue services in accordance with letter b) remains reserved.

8.4 Health insurance

Self-pay services, fixed-price programmes and optional additional services do not constitute services of the compulsory health insurance, unless expressly stated otherwise.

8.5 Rejection, adjustment or cancellation of bookings

ViaSlim reserves the right to reject, adjust or cancel bookings, in particular if

• a service cannot be provided for medical or organisational reasons,

• problems arise with the authorisation of the chosen payment method,

• legal or regulatory requirements preclude the provision of a service,

• it subsequently turns out that the requirements for medical treatment are not met,

• for services involving prescription medicines, the treating doctor or the dispensing pharmacy concludes that dispensing is not medically indicated.

In these cases, ViaSlim will inform you without delay. Payments already made are refunded to the extent that no services have yet been provided or prepared for the service in question and no medicines have been organised or dispatched.

8.6 28-day money-back guarantee (Holistic Reset)

8.6.1 Principle

ViaSlim grants patients in the Holistic Reset self-pay model a money-back guarantee for the first billing period (28 days). The guarantee applies if the treatment cannot be continued within this period for medical reasons, in particular due to side effects or intolerances that make continuation appear unjustifiable from a medical point of view.

8.6.2 Requirements

A claim to a refund exists if the following requirements are met cumulatively:

a) Documentation during the course of treatment: The complaints asserted were reported to the ViaSlim care team when they arose, namely via the chat of the ViaSlim app, by email to care@viaslim.ch or in the context of a doctor's consultation. Complaints asserted for the first time in the refund request, without having been documented beforehand during the course of treatment, do not give rise to a claim.

b) Medical assessment: The discontinuation of treatment was discussed in a consultation with ViaSlim's medical team and assessed by it as medically comprehensible. Alternatively, a medical certificate from an external doctor may be submitted, showing that the continuation of the treatment is not indicated for medical reasons. Without a medical assessment or certificate, a refund request will not be processed.

c) Deadline: The refund request reaches ViaSlim within 28 days of the start of the first billing period, in any case before the dispatch of the second medicine delivery.

d) Return of the medicine: Medicines not yet opened are returned to ViaSlim's partner pharmacy before the refund is paid out. ViaSlim provides a pre-paid return label for this purpose. For reasons of pharmaceutical law, returned medicines are properly disposed of and not reused; the return serves solely for proper processing.

e) No prior GLP-1 treatment: The guarantee is not available to patients who, in the twelve months before starting treatment at ViaSlim, were already treated with a GLP-1 or GIP/GLP-1 receptor agonist (in particular semaglutide, tirzepatide or liraglutide, regardless of the trade name and indication). The decisive factor is the information in the medical questionnaire at registration. In the case of demonstrably untrue information, the guarantee claim ceases to apply.

8.6.3 Scope of the refund

If the requirements under section 8.6.2 are met, ViaSlim refunds the payment made for the first billing period in full to the means of payment originally used. The refund is made within 14 days of receipt of the returned medicines at the partner pharmacy or, where all doses were administered as medically ordered, after completion of the medical assessment.

8.6.4 One-time use and scope limitation

The guarantee can be used once per patient. It relates exclusively to the first billing period of the Holistic Reset programme; there is no guarantee claim for subsequent periods, higher dosage levels or renewed programme starts. Additional services and products outside the programme price (e.g. health coaching, smart scale) are not covered by the guarantee.

8.6.5 Reservation

Further mandatory statutory rights of patients remain unaffected. Refund requests must be addressed to care@viaslim.ch.

9. Exclusion and limitation of liability

9.1 Principles

ViaSlim provides medical, nutrition-related and health-related services in accordance with recognised professional standards.

The services offered do not constitute emergency care. In medical emergencies, the responsible emergency services (e.g. emergency number 144) must be contacted without delay.

9.2 Liability of ViaSlim AG

ViaSlim is liable without limitation for damage caused intentionally or through gross negligence by it or its auxiliary persons; an exclusion or limitation of this liability is void (Art. 100 para. 1, Art. 101 CO).

For damage arising from injury to life, body or health, ViaSlim is liable in accordance with the statutory provisions; no limitation applies in this respect.

Otherwise, liability for slight negligence is limited to direct, contract-typical and foreseeable damage, to the extent permitted by law.

Liability for indirect damage, consequential damage and lost profit is excluded, to the extent permitted by law.

Mandatory statutory liability provisions, in particular under the Product Liability Act (PrHG), the Therapeutic Products Act (HMG) as well as medical and liability law, remain expressly reserved.

9.3 Third-party services and partners

To the extent that services are provided by independent doctors, nutritional counsellors, pharmacies, laboratories or other external partners, these act on their own responsibility and for their own account.

To the extent that legally independent third parties (e.g. pharmacies, laboratories) act for their own account and in their own name, ViaSlim is not liable for this. If, on the other hand, ViaSlim uses such persons as auxiliary persons to fulfil its own contractual obligations, ViaSlim is liable for their conduct under Art. 101 CO; liability for intent and gross negligence of the auxiliary persons is not excluded.

The liability of the respective service providers is governed by the statutory provisions applicable to them.

9.4 Duties to cooperate and personal responsibility of users

You are obliged to provide complete, truthful and up-to-date information about your state of health and to report relevant changes without delay. ViaSlim is not liable for damage attributable to incorrect, incomplete or late information provided by you.

Medical recommendations and treatments are based on the information provided. You are responsible for implementing them in accordance with your individual health situation.

9.5 Risks and patient information

The patient information explains possible risks, side effects and limits of the services offered.

By using the services, you confirm that you have taken note of the patient information. A particular treatment success cannot be guaranteed, as the success of the therapy depends on individual factors.

9.6 Medical information and remote treatment. The medical information and consent to the specific treatment take place separately in the context of the doctor's consultation and are documented; confirmation of these GTC does not replace them. Prescription medicines are prescribed exclusively where the treating doctor considers the state of health to be sufficiently clarified, and this lies within their professional discretion (Art. 26 HMG); there is no entitlement to the issuing of a prescription or to the dispensing of a particular medicine. ViaSlim may at any time require supplementary on-site examinations, laboratory analyses or further clarifications. Drug therapies are used in accordance with the approved fields of application; use outside the approved indication (off-label) requires separate medical information and documented consent and does not give rise to any entitlement to cost coverage by the compulsory health insurance.

10. Data protection

10.1 Principles of data processing

ViaSlim processes personal data, including particularly sensitive health data, exclusively in accordance with the applicable data protection provisions, in particular the Swiss Data Protection Act (DSG). To the extent that ViaSlim, in an individual case, specifically offers services to persons residing in the EU/EEA and Regulation (EU) 2016/679 (GDPR) thereby becomes applicable, ViaSlim also complies with its requirements.

The nature, scope and purpose of the data processing are described in ViaSlim's current privacy policy. This can be viewed at any time on the ViaSlim website.

ViaSlim informs you about the purpose, scope, legal basis and recipients of the data processing as well as about any disclosure abroad in its current privacy policy, which is permanently and easily accessible on the website (Art. 19 DSG). This forms an integral part of the contractual relationship.

10.2 Data sharing with service partners

To the extent that services are provided by independent service partners (e.g. doctors, nutritional counsellors, pharmacies, laboratories or other medical service providers), ViaSlim is entitled to process and share the personal data and health data required for the provision of the respective service, its billing, coordination or documentation.

Accordingly, such service partners may transmit to ViaSlim the data collected in the course of their activity, to the extent necessary for the continuation, coordination or documentation of the treatment or for the fulfilment of contractual or statutory obligations.

The processing of this data takes place in each case in accordance with the applicable data protection provisions and ViaSlim's privacy policy.

To the extent that the disclosure of health data to the service partners involved is necessary for the treatment, coordination, billing or documentation, this takes place on the basis of your express consent or another justification under Art. 31 DSG. ViaSlim shares only the data required for the respective purpose (data minimisation). Consent is voluntary and can be withdrawn at any time with effect for the future.

10.3 Professional secrecy and release

To the extent that a release from professional secrecy is necessary for the data processing and data exchange described above, you agree to this release to the extent necessary for the provision of services.

The release is limited to the exchange of information between ViaSlim and the respective service partners involved, to the extent necessary for proper medical treatment, care, billing or documentation.

The release from medical professional secrecy (Art. 321 SCC) is obtained separately, expressly and in documented form; it is voluntary, limited to the stated purpose and group of recipients, and can be withdrawn at any time with effect for the future. A withdrawal may mean that certain services, in particular the coordinated supply of medicines, can no longer be provided.

10.4 Processing on behalf and disclosure abroad. ViaSlim may engage processors for data processing (e.g. hosting, IT, communication and payment service providers), who are contractually obliged to ensure data security and purpose limitation (Art. 9 DSG). If personal data is disclosed abroad, ViaSlim ensures an adequate level of data protection in accordance with Art. 16 et seq. DSG, in particular through recognised standard contractual clauses or on the basis of an exception under Art. 17 DSG. Details and the countries concerned are set out in the privacy policy.

11. Processing of image, video and social media content

11.1 Documentation within the ViaSlim offerings

You have the option, within the ViaSlim app or voluntary community offerings, to create or upload content such as texts, photos or videos, for example for personal documentation or for exchange within the community.

This content is used exclusively within the context of the respective function and is not publicly accessible, unless expressly provided otherwise.

11.2 Use of image and video material for marketing purposes

The use of image, video or audio recordings of users for marketing, communication or advertising purposes (e.g. website, social media, information materials) takes place exclusively on the basis of the express, voluntary and separate consent of the person concerned. This consent is obtained independently of these GTC and can be withdrawn at any time with effect for the future. The withdrawal has no effect on the use of medical or other services of ViaSlim.

A withdrawal means that ViaSlim no longer uses the recordings in question in future and makes reasonable efforts to remove them from the channels controlled by ViaSlim. Lawful publications that have already taken place, as well as uses by third parties over which ViaSlim has no influence, remain unaffected.

11.3 Events and on-site appointments

At events or on-site appointments, ViaSlim gives appropriate advance notice if image or video recordings are planned.

You may object at any time to the making or use of such recordings. Such an objection is respected and has no effect on participation in medical services.

11.4 Social media presence

ViaSlim maintains a presence on social networks. When interacting with these profiles (e.g. through comments, likes or messages), data processing takes place in accordance with the data protection provisions of the respective platform operators.

ViaSlim has no influence on the data processing carried out by the platforms themselves.

12. Rights in the event that a treatment does not proceed as expected

12.1 No guarantee of success

ViaSlim points out that the success of medical, nutrition-related or health-related services cannot be guaranteed. The success of the treatment depends on individual conditions, medical factors and the cooperation of users.

12.2 Feedback in the event of dissatisfaction

If you are dissatisfied with the course or outcome of a service, you are asked to contact ViaSlim promptly so that the matter can be examined and – as far as possible – an appropriate solution can be sought together.

12.3 No liability for success

The medical and advisory services are to be qualified as a mandate; what is owed is careful action, not a particular success. The absence of a desired or expected treatment success does not in itself give rise to any claims to a refund or reduction. ViaSlim's liability for breach of its duties of care (Art. 398 CO) as well as mandatory rights of users remain reserved.

13. Final provisions

13.1 Contractual basis and completeness

These General Terms and Conditions, together with the respective booking confirmation, the service descriptions, patient information, consent declarations and – where applicable – the app terms of use, form the contractual basis for the use of the services offered by ViaSlim.

You acknowledge that certain services may require additional information, medical explanations or consents. Such documents, in their respective current version, are deemed an integral part of the contractual relationship to the extent that they are relevant to the specific service.

The specific app terms of use apply in addition to the use of the ViaSlim app.

In the event of contradictions, the following order of precedence applies: (1) individual written agreements and the booking confirmation, (2) the relevant service or programme description, (3) the patient information and consents, (4) these GTC, (5) the app terms of use.

13.2 Amendments to these GTC

ViaSlim reserves the right to amend these GTC where this is necessary for objective reasons, in particular in the case of

• changes to legal or regulatory requirements,

• further development of the services offered,

• adjustments to organisational or technical processes.

Amendments are communicated to you in an appropriate manner, for example by email or via the ViaSlim app.

Amendments affecting material elements of the contract (in particular prices, the core scope of services, the term or the termination rules of ongoing programmes) require the express consent of the users concerned. For all other, non-material amendments, the amended terms are deemed accepted unless you object in writing within 30 days of notification; the notification expressly refers to this possibility of objection and this consequence.

If you object to a notified amendment in good time, it is deemed not to have been agreed with respect to you; you are also entitled to terminate the contractual relationship concerned extraordinarily, as at the time the amendment takes effect and without observing any minimum term.

13.3 No waiver of rights

A party's failure to assert rights, or the delayed assertion of rights, does not constitute a waiver of those rights and does not affect the enforceability of further rights.

13.4 Severability clause

Should individual provisions of these GTC be wholly or partially invalid or ineffective, the validity of the remaining provisions remains unaffected.

The invalid provision is replaced by the statutory rule. To the extent that no such rule exists, the parties undertake to agree an effective replacement provision that comes as close as legally permissible to the intended purpose.

13.5 Applicable law and place of jurisdiction

All legal relationships between users and ViaSlim are governed exclusively by Swiss law, excluding the conflict-of-laws reference rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions for the protection of consumers at their habitual residence as well as Art. 120 PILA remain reserved. The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Zurich, Switzerland. For users who are consumers within the meaning of Art. 32 CPC, the mandatory statutory places of jurisdiction apply; these cannot be waived in advance (Art. 35 CPC). Consumers may therefore in particular bring proceedings at their place of residence and are sued there.

13.6 Authoritative language version. The German version of these GTC is authoritative; translations are for information only.

13.7 Force majeure. ViaSlim is not liable for the non-provision or delay of services as a result of circumstances beyond its reasonable control (including official orders, supply shortages of medicines, failure of telecommunications or IT infrastructure, epidemics, strikes). ViaSlim will inform you and seek an appropriate solution.

13.8 Complaints and conciliation. In the event of complaints, you should first contact support@viaslim.ch. If disputes cannot be resolved amicably, patients may call upon the responsible cantonal ombudsman or conciliation body in the healthcare sector; the statutory conciliation procedure under the Swiss Code of Civil Procedure remains reserved.

13.9 Transfer. You may transfer rights and obligations under this contract only with the prior written consent of ViaSlim. ViaSlim is entitled to transfer the contract, with discharging effect, to an affiliated company, provided that the provision of services remains ensured.

‍