Stand:
Stand:
(1) These General Terms and Conditions (GTC) govern all contracts between The Nexus Collective GmbH, Poststraße 14-16, 20354 Hamburg, Germany (hereinafter "Provider") and companies (§ 14 BGB) for use of the SaaS platform BGFHero.
(2) BGFHero is exclusively intended for businesses and organizations (B2B). Use by consumers (§ 13 BGB) is not intended.
(3) Deviating customer terms apply only if the Provider has expressly agreed in writing.
(1) The Provider makes the web-based BGFHero platform available as Software-as-a-Service (SaaS) for planning, documenting, and evaluating workplace health promotion (BGF) measures.
(2) The specific scope of services is governed by the pricing plan selected at the time of contract conclusion (see bgfhero.de/pricing).
(1) The contract is concluded upon customer registration on the platform and confirmation by the Provider.
(2) By registering, the customer confirms they are authorized to act on behalf of their company and that the information provided is accurate.
(1) The Provider grants the customer a non-exclusive, non-transferable right to use the platform for the duration of the contract within the scope of the selected plan.
(2) The customer may not sublicense or otherwise commercially exploit the platform for third parties.
(3) Access credentials must be kept confidential and must not be shared with third parties.
(1) The prices in effect at the time of contract conclusion apply. All prices are exclusive of applicable VAT.
(2) Billing occurs monthly or annually in advance, depending on the selected billing model.
(3) Payment is made by credit card or SEPA direct debit via Stripe Payments Europe, Ltd. By booking, the customer authorizes the Provider to charge the applicable amount on a recurring basis.
(4) In the event of late payment, the Provider is entitled to suspend access and charge default interest at 9 percentage points above the base rate.
(1) The contract runs for the selected billing period and automatically renews unless terminated in time.
(2) The notice period is 14 days before the end of the respective billing period.
(3) Termination may be made via the platform (account settings) or by email to [email protected].
(4) The right to extraordinary termination for good cause remains unaffected. Good cause includes violations of these GTC or payment default of two monthly fees.
(1) The Provider aims for 99% annual availability (excluding planned maintenance).
(2) Maintenance work will be carried out outside business hours (Mon–Fri 9 am–6 pm CET) where possible and announced in advance.
(1) The customer shall not upload unlawful content or misuse the platform.
(2) Where the customer processes personal data of its employees via the platform, a data processing agreement (DPA) pursuant to Art. 28 GDPR must be concluded (available upon request).
The Provider processes the customer's personal data in accordance with the Privacy Policy (bgfhero.de/datenschutz).
(1) The Provider's liability is unlimited for intent and gross negligence, and for damages arising from injury to life, body, or health.
(2) For slight negligence, the Provider is only liable for breach of a cardinal obligation. Liability is limited to the foreseeable, typical damage, and in any case to the fees paid in the last contract year.
Amendments will be communicated by email or via the platform. If the customer does not object within 4 weeks, the amendments are deemed accepted. The customer will be expressly informed of this consequence.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for disputes with merchants is Hamburg.
(3) Should individual provisions be invalid, the validity of the remaining provisions shall not be affected.
Last updated: April 2026