§ 1 Scope and Provider

(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 BGM-Kompass.

(2) BGM-Kompass 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.

§ 2 Subject Matter

(1) The Provider makes the web-based BGM-Kompass 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 bgm-kompass.de/pricing).

§ 3 Contract Conclusion and Registration

(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.

§ 4 Usage Rights

(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.

§ 5 Prices, Payment, and Due Dates

(1) The prices in effect at the time of contract conclusion apply. All prices are exclusive of applicable VAT.

(2) All services are billed exclusively on a monthly basis in advance. This also applies when a twelve-month minimum term is booked; the discounted monthly price agreed for that term is billed in twelve equal monthly instalments. No single upfront payment of the annual total is made.

(3) The obligation to pay applies for the entire agreed minimum term, regardless of actual use. Under a twelve-month term, the customer owes the remaining monthly instalments even if the service is no longer used, provided the contract has not been validly terminated.

(4) 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 monthly basis.

(5) If the customer is more than 14 days late with a monthly instalment, the Provider is entitled to suspend access to the platform until the outstanding amount is paid in full. Suspension does not affect the customer's continued obligation to pay for the remaining minimum term. Default interest at 9 percentage points above the base rate may be charged in addition.

§ 6 Term and Termination

(1) The contract is concluded with either a monthly or a twelve-month minimum term, as selected during the ordering process.

(2) A monthly contract may be terminated with 14 days' notice to the end of the current billing month.

(3) A contract with a twelve-month minimum term renews automatically for additional twelve-month periods unless terminated in text form with 30 days' notice to the end of the term.

(4) Termination may be made via the platform (account settings) or by email to [email protected].

(5) The right to extraordinary termination for good cause remains unaffected. For the Provider, good cause includes, in particular, continued payment default exceeding 30 days or breach of these GTC. In such cases, the Provider retains the right to the outstanding monthly instalments of the agreed minimum term as damages, less any saved expenses.

§ 7 Availability and Maintenance

(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.

§ 8 Customer Obligations

(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).

§ 9 Data Protection

The Provider processes the customer's personal data in accordance with the Privacy Policy (bgm-kompass.de/datenschutz).

§ 10 Liability

(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.

§ 11 Amendments to GTC

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.

§ 12 Final Provisions

(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