General Terms and Conditions

Glossary

This section defines the different user designations used in the terms and conditions..

A coach is a consulting person who offers a consulting service on KoaVie. A coach can also act as a client..

A client is a person seeking advice who looks for consulting services on KoaVie and utilizes them with a consulting person..

A user is a coach or a client..

Interpretation

Terms for persons in masculine form (e.g., coach, client, user, etc.) include persons with other gender designations (e.g., female, diverse, etc.)..

Words in the singular include the plural and vice versa..

A reference to a document, standard, legal regulation, code, or another document implies any change or update to the document, standard, regulation, or code..

Any reference to an amount of money refers to the currency Euro..

Use of Koavie

The use of the Koavie website is subject to acceptance of these General Terms and Conditions. If the user disagrees with all or part of the General Terms and Conditions, the use of the services is not possible and not permitted. By accessing KoaVie, you commit to regularly checking the latest version of the General Terms and Conditions, which is constantly available on the website. In case of non-compliance with these conditions or in case of inappropriate behavior towards a user, KoaVie reserves the right to deny or restrict access to the website.

The use of KoaVie is not suitable for immediate emergencies. Please contact the emergency number 112 by phone in this case!

Description of Koavie

KoaVie is the leading website for nutrition and health consulting. At KoaVie, we connect people seeking individual advice with health coaches..

KoaVie is not a health facility itself, does not provide health services, and is limited to the role of a mediator and technical service provider. KoaVie uses all necessary means to ensure the smooth operation and quality assurance of the services..

Coachs on Koavie

Advisors create their personal advisor profile for free on KoaVie and can activate it so that it is displayed publicly on the KoaVie website. Every advisor who creates a profile on KoaVie commits to only publishing information, content, photographs, and videos that belong to them and for which they hold the rights. The advisor profile must not contain false, illegal, or misleading information for clients..

Each coach profile must represent the natural person it depicts. Coachs may not represent a legal entity in any way..

The listings must not contain any contact details of the coach, such as postal address, phone number, email address, etc. Links to the coach's social media accounts must not be in the body text but can be entered in the profile input fields. Otherwise, access to the website will be blocked for the respective coach..

Advisors commit to being completely transparent regarding their education, certificates, and references. KoaVie makes every effort to verify the quality, accuracy of the information contained in the advisor profile description, the qualifications of the advisors, their certificates and references, as well as their availability, but cannot guarantee this in any case. It is the client's responsibility to verify the information provided by the advisor in the advisor profile and to notify KoaVie as soon as possible if this information proves to be incorrect. KoaVie is not liable for false information provided by advisors..

On the coach profile, coaches can create their bookable consulting offers. Each consulting offer should differ from the others and have a unique title..

Payment processing is not handled by KoaVie and takes place between the advising person and the client. Therefore, KoaVie cannot guarantee that the services will be paid from the clients to the advisors..
Freelance coaches with a profile on KoaVie are subject to labor and corporate law as well as related payments and taxes..
Coachs are required to respond as quickly as possible to all clients who have submitted a request to them. The display of a coach profile may be paused if the coach takes more than 48 hours to respond to a consulting request. If the coaches do not respond, their public profiles may be deactivated until they have taken the time to respond to all clients..
The coaches are obliged to attend appointments booked with clients..

Users (coaches and clients) on KoaVie.

Users of KoaVie must create a profile in order to contact other users. Users commit to creating only one profile on the website. This profile can be edited, managed, and deleted via the dashboard provided to users. The services of the KoaVie website are reserved exclusively for adults who are legally able under applicable national law to enter into purchase and sales contracts. If these conditions are not met, KoaVie reserves the right to delete the user profile..

By logging into the dashboard, users can manage their placements and advertisements on KoaVie. The dashboard allows for the management of profile information, consulting offers, and the placement of coaches or clients..

KoaVie reserves the right to filter messages and to contact the sender directly if they are spam or messages that do not align with the purpose of the website..

KoaVie reserves the right to store and delete exchanged electronic messages..

It is forbidden to send unsolicited commercial emails (spamming) to individuals who were met through KoaVie..

You also agree not to do the following or to support, encourage, or enable others to do the following.:

Contact advisors on KoaVie to recruit them for other companies or consulting websites.;
As a coach with an active profile on KoaVie, to offer and/or provide consulting services outside of the KoaVie website to a client with whom the initial contact was made on KoaVie.;
As a coach with an active profile on KoaVie, to offer and/or provide consulting services outside of the KoaVie website to a client with whom the initial contact was made on KoaVie.;
To take actions that impose an unreasonable or disproportionately large burden on our technological infrastructure or otherwise place excessive traffic demands on the Koavie website, as determined by KoaVie at its discretion.
To recreate the Koavie website and operate it under one’s own name.

The user is aware that the KoaVie website refers to consulting services that may not be covered by statutory health insurance or reimbursed by private insurance..

By using the services, the responsibilities and obligations of the coaches registered on the Koavie website towards the users are in no way directly or indirectly affected or diminished. The practice of the coaches is carried out independently and in accordance with professional and other legal regulations.

KoaVie cannot be held responsible in any way for a cancellation or unavailability of coaches after the user has made an appointment through the online appointment scheduling service. The user commits to filling out all necessary data requested for the booking and conducting of the appointment..

Scheduling an appointment through the online appointment scheduling service constitutes a binding obligation. The user must inform the coach in advance of any absence from a scheduled appointment. This information can be provided either through the cancellation system offered by the KoaVie website or through any other means of contacting the coach..

Failure to appear can lead to legal consequences or impairments in the treatment process, which KoaVie has no influence over..

The coach can block the online appointment scheduling for the user after the second missed appointment. If the coach blocks the online appointment scheduling for a user, the user cannot schedule online appointments for a maximum duration of three (3) years or until the online appointment scheduling is released again by the coach..

The coach is solely responsible for the decision to block the appointment agreement by a client. KoaVie assumes no liability for disputes arising from the blocking of a user for the online appointment arrangement conducted by a coach..

TELECONSULTATION IS NOT A MEDICAL EMERGENCY SERVICE. IN AN EMERGENCY, THE USER SHOULD CALL EMERGENCY NUMBER 112 OR GO TO THE EMERGENCY ROOM.

The user acknowledges that KoaVie cannot be held liable for interruptions or delays of the services that are outside its control, and in particular, that the provision of services depends on the reliability, availability, and provision of permanent connections by third parties (operators of telecommunications networks, the public internet, the user's equipment, etc.) as well as the accuracy and completeness of user data. KoaVie may need to suspend the services for scheduled maintenance by KoaVie or one of its subcontractors or in case of a technical necessity (emergency maintenance)..

In the event of a dispute between client and coach, KoaVie offers assistance to resolve the dispute. In this case, KoaVie reserves the right to read and refer to the conversation between the two parties..

It is the user's own responsibility to complete all necessary steps for submitting costs for consultation to a health insurance company for reimbursement. This includes choosing a coach who is qualified for reimbursement and submitting necessary documents such as a medical necessity certificate. KoaVie does not take this on for the users..

Accounts of relatives.

The user can use their account to schedule appointments for themselves or a relative. The user assures that they are legally authorized by the person concerned (including but not limited to a power of attorney relationship) or are authorized and/or commissioned by law

(i) to use the personal data of the relative on the Koavie website and
(ii) to schedule an appointment for the relative on their behalf
(iii) to transmit or receive the relative's data to or from consulting service providers, (iv) to send messages to consulting service providers or make client requests in the name of the relative (and receive the corresponding responses).

The user is informed that this condition is essential for creating a profile for a relative on the Koavie website, and they are obliged to hold KoaVie and/or the consulting service providers harmless and possibly to compensate them in the event of damages resulting from the user's lack of representation authority for the relative. It is noted that a violation of these provisions may have negative legal consequences, such as according to the penal code..

The user assures that he has obtained the prior consent of the relative to manage information and documents related to their appointment on their behalf..

The user is responsible for verifying the accuracy of the provided contact information. KoaVie is entitled to verify the email address of the relative provided by the user, for example by sending a confirmation email. In the event that the user does not provide the contact details of their relative, they confirm that they have
(i) informed the relative about the conditions for the processing of the relative's data by KoaVie and
(ii) informed the relative about any appointment bookings or requests made on behalf of the relative, as well as about any transmission or receipt of information or documents that relate to the relative.
SHARING RELATIVES: KoaVie allows a user to share the profile of a relative with another user, provided that the other user
(i) has a verified user account and
(ii) is legally authorized by the relative (including but not limited to a power of attorney relationship) or is legally empowered and/or commissioned to manage the relative's profile. As long as the relevant person does not have their own user account, users sharing a relative's profile can
(i) make, change, view the history of, and cancel any appointments,
(ii) add, manage and view all documents,
(iii) send and receive all messages, and
(iv) change the identity and contact information of the relative.

License of the virtual currency.

Sie erkennen an, dass die Koavie-Webseite eine Komponente von virtuellen Credits namens "Koa" (Virtuelle Währung) enthalten kann.
The virtual credits can only be used within the KoaVie website..
Regardless of the terminology used, the virtual currency represents a limited license right that is governed solely by these Koavie conditions and cannot be redeemed at any time for a sum of money or monetary value from KoaVie or any other natural or legal person. The virtual currency provided by KoaVie includes only a limited license right to use this virtual currency. Apart from a limited, personal, revocable, non-transferable, non-sublicensable license to use the virtual currency on the Koavie website, you agree that you have no right, title, or ownership in such virtual currency..
You acknowledge and agree that the virtual currency has no cash value and that neither KoaVie nor any other natural or legal person is obliged to exchange your virtual currency for anything of value, not even for real currency, and that if your KoaVie account is terminated, suspended, or otherwise modified, or if your right to access the KoaVie website is terminated, the virtual currency and your KoaVie account have no value..

Use and fees of virtual currency.

We reserve the right, at our sole discretion, to charge fees for the right to access or use the virtual currency and to distribute the virtual currency free of charge..
You acknowledge and agree that we may change the perceived value or prices of virtual currencies at any time or take actions unless we agree otherwise in writing..
Virtual currencies expire after 12 months of non-use of your KoaVie account..

Use of the nutritional diary and the KoaVie Journey.

The nutritional diary and the KoaVie Journey are features on the KoaVie platform that utilize artificial intelligence functions. As a provider of artificial intelligence, KoaVie uses the provider OpenAI with ChatGPT based in the USA. You acknowledge that by using the nutritional diary and the KoaVie Journey, your data will be transmitted to the USA. You also acknowledge that AI-generated content may contain errors and inaccuracies..

Consent to data transmission to the USA and use of ChatGPT

As part of using certain features of our platform, particularly the nutritional diary and the KoaVie Journey, personal data and inputs are transmitted to ChatGPT. ChatGPT is operated by OpenAI, L.L.C. based in the USA..

Type of transmitted data

The data submitted to ChatGPT may include information about dietary habits, goals, health data, and other personal details that you voluntarily enter into the respective tools. KoaVie itself does not transmit data to AI services regarding users' names, place of residence, address, phone number, or email address. Do not share this information in the input fields of the nutrition diary and the KoaVie Journey..

Purpose of the data transmission

The data transmission is carried out to generate personalized feedback, analyses, and recommendations regarding nutrition and progress in the KoaVie Journey and to provide you with an optimized user experience..

Risks of data transmission to the USA

We would like to point out that there is no data protection level in the USA comparable to that of the EU. There is a risk that your data may be viewed by US authorities without your knowledge or the possibility of legal recourse..

Consent

By using the nutrition diary and the KoaVie Journey, you expressly agree that your data will be transmitted to the USA and processed there. This consent can be revoked at any time with effect for the future. However, a revocation may result in your inability to fully utilize certain platform features..

Consent

KoaVie uses the nutrient database naehrwertdaten.ch published by: Federal Food Safety and Veterinary Office FSVO, www.fsvo.admin.ch, info@blv.admin.ch

Disclaimer and User Responsibility

Disclaimer and User Responsibility KoaVie has no influence on the responses and advice of the AI services used. Since it is generative AI and it is unclear what data it was trained on, the responses can be incorrect or inaccurate. Users should be aware of this fact. The user implements the tips and advice of the KoaVie Journey at their own responsibility. If the user has a condition such as diabetes, cardiovascular problems, lung or respiratory diseases (including asthma), neuromuscular diseases, surgeries, or other health limitations, or is pregnant or breastfeeding, KoaVie advises the user to consult a doctor. The use of KoaVie is at the user's own risk. The services and offerings provided here do not constitute medical or clinical advice and cannot be used as a substitute for a medical examination or treatment. Minors are not allowed to use the KoaVie Journey..