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 with operating license from the Canton of Zurich for medical and health-related services in the areas of weight management, nutritional medicine and health promotion. Dietary advice services are provided by our branch in the Canton of Bern.

viaSlim provides its services both by telemedicine and as part of on-site consultations and makes these services available to users (hereinafter “users”).

contact details:

viaSlim AG

Asylstraße 104

8032 Zurich

email: support@viaslim.ch

1.2 Scope of services

viaSlim offers physician-led medical services, telemedicine and on-site consultations as well as nutritional advice and accompanying health-related services.

In particular, but not exclusively, the scope of services includes:

- medical assessments and consultations,

- nutritional advice and nutritional advice,

- health-related coaching,

- diagnostic, administrative and coordinating services related to treatment,

- digital support offers, in particular the viaSlim application (hereinafter “app”).

Services can be provided by viaSlim itself or by independent partners (e.g. doctors, nutritionists, pharmacies, laboratories). They act on their own responsibility and are subject to their respective professional and liability requirements. In these cases, viaSlim takes on organizational and coordinating tasks in particular.

2. Subject matter of these terms and conditions

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, nutritional and other health-related services offered and the use of the viaSlim application.

By booking a service, concluding a service package or using the viaSlim app, users agree to these terms and conditions in the currently valid version.

2.2 Supplementary app terms of use apply to the use of the viaSlim app. These form an integral part of these terms and conditions.

3. Participation requirements

3.1 ViaSlim's services are only available to people who
- are at least 18 years of age and capable of judgment, 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, users confirm that they meet the above requirements and have provided the required information truthfully.

4. Conclusion of contract, duration and termination

4.1 Conclusion of contract

A contract between viaSlim and the user is concluded as soon as

- the medical indication test was successfully completed, and

- viaSlim has confirmed the booking or accepted a payment in full or in part.

4.2. termination. Duration and extension:

4.2.1 Medical services (medical treatment/ OKP)

Users are entitled to stop using medical services at any time.

The termination does not affect the obligation to pay for services already provided, started or organizationally prepared.

4.2.2 Self-payer model (holistic reset)

The Holistic Reset is a voluntary complete self-pay package that includes medical services as well as the coordination and provision of drug therapy. Billing is made every 28 days in advance.

The program is automatically extended for a further 28 days unless cancelled in due time. This automatic extension serves to ensure continuous medical care and the timely organization of medication supply.

You can cancel at any time with at least 7 days before the end of the current 28-day billing period.

There is no minimum term.

Cancellations must be sent in writing to viaSlim AG, Asylstrasse 104, 8032 Zurich, or by e-mail to support@viaslim.ch to fix.

If you do not cancel in due time, the program will automatically continue for the next billing period. Amounts already charged for a current billing period will not be refunded if services have already been provided, prepared or medications have been organized or shipped.

4.3 Special right of termination:

viaSlim is entitled to end the cooperation within a reasonable period of time, in particular if

a) these terms and conditions or medical instructions are repeatedly or significantly breached,

b) Payments are not made despite a reminder,

c) Services are misused, or

d) medical reasons preclude further provision of services.

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

4.4.1. Costs for returns: The costs of returning products are borne by the user.

4.5 Delivery of medicines: As part of ordering medicines, you enter into a business relationship with MediService AG [https://www.mediservice.ch/de/]. We provide MediService AG with the data necessary for the purchase process (contact details, delivery and billing address, insurance data, order of medication). Depending on the health insurance model, your health insurance will reimburse you for the costs. MediService AG processes the data in accordance with its privacy policy [https://www.mediservice.ch/de/datenschutz.php]. An order from MediService AG is subject to their terms and conditions [https://www.mediservice.ch/de/agb-mse.php]. Free delivery to a Swiss address for prescription drugs, including VAT. Dispatch is by registered mail.

5. Services provided by viaSlim AG

5.1 The specific scope of the services owed by viaSlim is set out in the respective booking confirmation and the associated service description.

Users are required to carefully check the booking confirmation and to report any discrepancies immediately.

5.2 viaSlim provides services both by telemedicine, digitally and as part of on-site consultations.

There is no claim to the performance of a service at a specific location, at a specific time or in a specific form, unless otherwise expressly agreed.

5.3 Users decide for themselves whether and to what extent they actually use booked services.

Failure to make use of a booked service does not affect the remuneration obligation in accordance with these terms and conditions.

5.4. The obligation to pay for booked services arises when they are booked and the medical, organizational or technical preparation of the respective service.

Reimbursement due to incomplete or incomplete use is excluded, provided that the service has already been planned, scheduled, prepared or partially provided.

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

5.5 For scheduled services, the cancellation and no-show regulations in accordance with Section 7 of these Terms and Conditions 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, adapt or change individual service components, provided that this does not significantly affect the overall character of the booked service.

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

— Core program: medical care and nutritional benefits as part of basic insurance (OKP)

— Holistic Reset: Complete fixed price package in accordance with Section 4.2.2

The specific scope of services is set out in the respective program description.

5.8 Other services:

(a) Booking a service includes the use of the viaSlim app, provided that this 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 terms and conditions.

(b) Community and activities:
viaSlim can offer users access to voluntary community features, educational content, and health-related activities.

There is no right to participate in such offers. viaSlim reserves the right to adjust or discontinue access at any time.

(c) Users commit in particular to

- to provide complete and accurate information about yourself and your state of health,

- report any relevant changes in their health status immediately,

- not to misuse the services offered.

In the event of violations, viaSlim is entitled to warn users, exclude them from individual services or restrict access to certain functions.

Such exclusion is without entitlement to a refund. There is no right to participate in these activities.

6. Booking appointments and booking services

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

The scope, type and prices of the respective services are based on the service description and booking confirmation valid at the time of booking.

6.2 The obligation to pay for booked services comes with their booking and medical, organizational or technical preparation.

Reimbursement for services not used or not fully used is excluded, provided that the services have already been planned, prepared, scheduled or partially provided.

6.3 viaSlim reserves the right to adjust or postpone booked services for factual reasons (e.g. medical requirements, organizational adjustments or availability of service providers).

Users will be notified of significant changes in good time.

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

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

Users will be notified of significant changes in good time.

7. Cancellations, delays and cancellations

7.1 Appointments that have already been agreed can be canceled free of charge up to 24 hours before the agreed appointment.

The cancellation must be made via the appropriate booking channels (e.g. viaSlim app, telephone or email). Cancellations via social media channels will not be considered.

7.2 In the event of a cancellation less than 24 hours before the appointment or in the event of a no-show, viaSlim is entitled to charge lump sum compensation.

This lump sum compensation is currently:

- CHF 50.— for appointments in the area of nutritional counseling, health coaching

- CHF 75.— for medical consultations.

In particular, the lump sum compensation covers organizational and economic expenses caused by the short-term cancellation or no-show.

viaSlim reserves the right to adjust the amount of the lump sum compensation if necessary. The amount communicated at the time the appointment was booked is decisive.

We reserve the right to claim further damage.

7.3 Delays that prevent or significantly restrict the full or proper performance of the booked service are at the expense of users.

There is no right to make up or refund in these cases.

8. Prices and Payment

8.1 Prices

The current prices for the services and service packages offered are shown on the viaSlim website or as part of the booking process.

The prices and the specified payment frequency, which 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 that have already been confirmed.

8.2 Recurring payments for fixed-price programs, service packages

Certain self-paying service packages, in particular the Holistic Reset program, are billed in advance during recurring billing periods of 28 days each.

By completing such a program, users expressly agree that the agreed remuneration will be automatically charged for each new billing period, unless the program is terminated in due time in accordance with these terms and conditions.

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

Users assume responsibility for all payments due up to the effective date of a cancellation.

8.3 Payment methods:

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

viaSlim reserves the right to adjust the payment methods offered at any time. The payment methods available at the time of booking are decisive. By providing payment details, users authorize viaSlim to collect the amounts owed in accordance with these terms and conditions via the chosen payment method.

Payment processing may be carried out via external payment service providers. Their terms and conditions apply in addition.

b) In the event of full or partial payment outstanding, viaSlim is entitled to withhold, suspend or discontinue benefits.

c) Users 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 payment transactions.

8.4 Health insurance

Self-pay benefits, fixed price programs and optional additional benefits do not represent compulsory health insurance benefits, unless otherwise expressly stated.

8.5 Rejection, adjustment or cancellation of bookings
viaSlim reserves the right to refuse, adjust or cancel bookings, particularly if

— a service cannot be provided for medical or organizational reasons,

— there are problems with authorizing the selected payment method,

— legal or regulatory requirements preclude the provision of services,

— if it turns out retrospectively that the requirements for medical treatment have not been met,

— in the case of prescription drug services, the treating doctor or the dispensing pharmacy comes to the conclusion that a dispensing is not medically indicated.

In these cases, viaSlim will inform users immediately. Payments already made will be refunded insofar as no services have yet been provided, prepared or medicines have been organized or shipped for the service in question.

8.6 Voluntary 28-day money-back guarantee

As part of selected programs, in particular the Holistic Reset Fixed Price Program, viaSlim voluntarily grants patients a 28-day money-back guarantee to start the treatment plan, provided that treatment cannot be continued for medical reasons. The money-back guarantee only applies under the following conditions:

— The warranty applies exclusively to the initial treatment period. Reimbursement for higher dosage levels or follow-up therapies is excluded.

— The treatment is discontinued due to side effects or a change in health situation that does not make continuing medical treatment appear useful or justifiable.

— The refund request is made within 25 days of the start of the initial billing period and submitted to ViaSlim before organizing or shipping another scheduled delivery of medication.

The money-back guarantee can be claimed once per user.

If the warranty is justified, ViaSlim will refund payments already made minus the costs of medical services already provided, medical assessments, organizational expenses and medications that have already been prepared, shipped or dispensed.

In particular, there is no right to a refund for services or products that have already been professionally provided or delivered.

The money-back guarantee is a voluntary goodwill and does not establish any further legal claim.

Users who believe they meet the requirements for the money-back guarantee are asked to contact viaSlim Support early on (care@viaslim.ch) to turn around. viaSlim reviews the issue carefully and on a case-by-case basis.

9. Disclaimer and liability limitations

9.1 Principles

viaSlim provides medical, nutritional and health-related services in accordance with recognized 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 immediately.

9.2 Liability of viaSlim AG
viaSlim is liable without limitation for damage caused by intentional or grossly negligent conduct by viaSlim or its vicarious agents.

In the event of slight negligence, viaSlim is only liable for breaches of essential contractual obligations (cardinal obligations) and limited to foreseeable damage typical of the contract.

Any further liability for slight negligence is excluded to the extent permitted by law.

Liability for indirect damage, subsequent damage and loss of profit is excluded to the extent permitted by law.

Mandatory statutory liability provisions, in particular from liability and medical law, are expressly reserved.

9.3 Third party services and partners

Insofar as services are provided by self-employed doctors, nutritionists, pharmacies, laboratories or other external partners, they act on their own responsibility and for their own account.

viaSlim is not liable for damage resulting from such third-party services, unless mandatory legal provisions conflict.

The liability of the respective service providers is based on the legal regulations applicable to them.

9.4 Users' obligations to cooperate and personal responsibility

Users are required to provide complete, truthful and up-to-date information about their health status and to report relevant changes immediately. viaSlim is not liable for damage due to incorrect, incomplete or delayed information provided by users.

Medical recommendations and treatments are based on the information provided. Users are responsible for implementing them in accordance with their 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, users confirm that they have read the patient information. A specific treatment success cannot be guaranteed, as treatment success depends on individual factors.

10. Data protection

10.1 Principles of data processing

viaSlim processes personal data, including particularly sensitive health data, exclusively in accordance with applicable data protection regulations, in particular the Swiss Data Protection Act (DSG) and — where applicable — the General Data Protection Regulation (GDPR).

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

Users are required to read the privacy policy.

10.2 Transfer of data to service partners

Insofar as services are provided by self-employed service partners (e.g. doctors, nutritionists, pharmacies, laboratories or other medical service providers), viaSlim is entitled to process and share the personal data and health data required to provide the respective service, its billing, coordination or documentation.

Accordingly, such service partners may transfer the data collected in the course of their activities to viaSlim, insofar as this is necessary to continue, coordinate or document the treatment or to fulfill contractual or legal obligations.

These data are processed in accordance with the applicable data protection regulations and viaSlim's privacy policy.

10.3 Professional secrecy and release
Insofar as a release from professional secrecy is required for the data processing and data exchange described above, users 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, insofar as this is necessary for proper medical treatment, care, billing or documentation.

11. Processing on image, video and social media content

11.1 Documentation within viaSlim offers
Users have the option of creating or uploading content such as texts, photos or videos as part of the viaSlim app or voluntary community offerings, for example for personal documentation or for sharing within the community.

This content is used exclusively as part of the respective function and is not publicly available, unless expressly provided otherwise.

11.2 Use of image and video material for marketing purposes

Images, video or sound recordings by users for marketing, communication or advertising purposes (e.g. website, social media, information material) are used exclusively on the basis of the express, voluntary and separate consent of the person concerned. This consent is obtained independently of these terms and conditions 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 provided by ViaSlim.

11.3 Events and on-site appointments

At events or on-site appointments, ViaSlim will provide appropriate notice in advance, provided that image or video recordings are planned.

Users have the option to object to the production or use of such recordings at any time. Such an objection is respected and has no effect on participation in medical services.

11.4 Social media appearances

viaSlim has appearances on social networks. When interacting with these profiles (e.g. through comments, likes or messages), data processing is carried out in accordance with the data protection regulations of the respective platform operators.

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

12. Rights in the event of an unexpected course of treatment

12.1 No guarantee promise

viaSlim points out that the success of medical, nutritional or health-related services cannot be guaranteed. The success of treatment depends on individual requirements, medical factors and the involvement of users.

12.2 Feedback in case of dissatisfaction

If users are dissatisfied with the course or result of a service, they are asked to contact viaSlim promptly so that the issue can be examined and — as far as possible — an appropriate solution can be sought together.

12.3 No successful liability

Failure to achieve the desired or expected treatment results in no claims for reimbursement, reduction or other warranty rights, provided that the services were provided professionally and in accordance with the agreed standards.

13. Final provisions

13.1 Contract basis and completeness

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

Users recognize that certain services may require additional information, medical education, or consent. Such documents, in their current version, are considered an integral part of the contractual relationship, insofar as they are relevant to the specific service.

The specific app terms of use also apply to the use of the viaSlim app.

13.2 Amendments to these terms and conditions

viaSlim reserves the right to adapt these terms and conditions if this is necessary for factual reasons, in particular if

— changes in legal or regulatory requirements,

— development of the services offered,

— Adjustments to organizational or technical processes.

Changes will be notified to users in an appropriate manner, for example by email or via the viaSlim app.

If users do not object to the changes in writing within 30 days of notification, the amended conditions are considered accepted. This objection option is expressly referred to in the notification.

In the event of a timely objection, users can stop using the affected services as soon as possible.

13.3 No waiver of rights

The failure or delay in asserting rights by a party does not constitute a waiver of those rights and does not affect the enforceability of any further rights.

13.4 Salvatory clause

Should individual provisions of these terms and conditions be invalid or ineffective in whole or in part, the validity of the remaining provisions remains unaffected.

The parties agree to replace the ineffective provision with one that comes closest to the economic purpose of the original provision and is legally admissible.

13.5 Applicable Law and Jurisdiction All legal relationships between users and viaSlim are subject exclusively to Swiss law, excluding conflict of law rules. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is Zurich, Switzerland.