In order to use SANUSAPP 3.0, you must agree to our terms of use. Please read them carefully before you agree. The consent option will appear after you open the app on your smartphone and intend to log in.

The following terms of use have been drawn up in German. The translation into other languages is automated by the translation tool of a third-party provider (as are all translations of other documents and information). It is therefore only a service that we provide and may not accurately reflect the information in the original German version. In the event of any discrepancies, the German version of these Terms of Use shall prevail. All amendments to these terms and conditions and all information on amendments are provided in German. Only the original German version is legally valid.

You are not permitted to copy or modify the app, parts of the app or our trademarks in any way. You may not attempt to extract the source code of the app, nor should you attempt to translate the app into other languages or create derivative versions. The App itself and all associated trademarks, copyrights, database rights and other intellectual property rights remain the property of SANUSLIFE ADMINISTRATION AG.

SANUSLIFE ADMINISTRATION AG is committed to ensuring that the app is as useful and efficient as possible. For this reason, we reserve the right to make changes to the app or charge for its services at any time and for any reason. We will never charge you for the app or its services without explaining exactly what you are paying for.

The SANUSAPP 3.0 app stores and processes personal data that you have provided to us in order to provide our service. It is your responsibility to keep your smartphone and access to the app secure. We therefore recommend that you do not jailbreak or root your smartphone, i.e. remove the software restrictions and limitations imposed by your device's official operating system. This could make your smartphone vulnerable to malware/viruses/malicious programmes, impair the security functions of your smartphone and result in the SANUSLIFE 3.0 app no longer working properly or at all.

The app uses third-party services that disclose their terms and conditions. Below you will find the links to the terms and conditions of the third-party services used by the app:

• Google Play services
• App Store services

You should be aware that SANUSLIFE ADMINISTRATION AG accepts no responsibility for certain matters. Certain functions of the app require an active internet connection. However, SANUSLIFE ADMINISTRATION AG cannot accept any responsibility for the app not being fully functional if you do not have access to Wi-Fi and your data volume has been used up. If you use the app outside an area with Wi-Fi, you should remember that the terms of your contract with your mobile phone provider still apply. Therefore, your mobile service provider may charge you the data costs for the duration of the connection when accessing the app or other third-party fees. By using the App, you accept responsibility for such charges, including roaming charges if you use the App outside your home territory (i.e. your region or country) without disabling data roaming.

If you are not the bill payer for the device on which you are using the App, please note that we assume that you have obtained the bill payer's permission to use the App. Similarly, SANUSLIFE ADMINISTRATION AG cannot always take responsibility for the way in which you use the app, i.e. you must ensure that your device is or remains charged - if the battery is empty and you can no longer switch it on to use the service, SANUSLIFE ADMINISTRATION AG cannot take responsibility.

In relation to SANUSLIFE ADMINISTRATION AG's responsibility for your use of the App, it is important that you bear in mind when using the App that while we endeavour to keep the App up to date and accurate at all times, we rely on third parties to provide us with information so that we can make it available to you. SANUSLIFE ADMINISTRATION AG accepts no liability for any direct or indirect damage you may suffer if you rely entirely on this functionality of the app.

We may wish to update the app at some point. The App is currently available on Android and iOS - the requirements for the respective system (and for additional systems and certain functions that we decide to expand for the purpose of making the App available) may change and you must download the updates if you wish to continue using the App. SANUSLIFE ADMINISTRATION AG does not promise that it will always update the App so that it is relevant to you and/or works with the Android or iOS version you have installed on your device. However, you agree to accept updates to the App whenever they are offered to you. We may also stop providing the App and may stop using the App at any time without notifying you. Unless we tell you otherwise, upon termination (a) the rights and licences granted to you in these Terms will end; (b) you must stop using the App and (if necessary) delete it from your device.

Changes to these Terms and Conditions

We may update our Terms and Conditions from time to time. We therefore recommend that you check this page periodically for changes. We will notify you of any changes by posting the new terms and conditions on this page. These terms and conditions are valid from the download of version 1.

Contact us

If you have any questions or suggestions about our terms and conditions, please do not hesitate to contact us at [email protected] to contact us.

SANUSLIFE ADMINISTRATION AG has developed the SANUSAPP 3.0 app as a freemium app. This service is provided free of charge by SANUSLIFE ADMINISTRATION AG and is intended for standard use. For more services you can upgrade with the following account plans.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decides to use our Service.

If you choose to use our service, you consent to the collection and use of information in relation to this policy. The personal information we collect will be used to provide and improve the Service. We will only use or share your information as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which can be viewed at SANUSAPP 3.0, unless otherwise defined in this Privacy Policy.

Collection and use of information

In order to facilitate your use of our service, we may ask you to provide us with certain personal information. The information we request will be stored by us and used as described in this Privacy Policy. The app uses third-party services that may collect information that can be used to identify you. Below you will find links to the privacy policies of third parties used by the app:

• Google Play services
• App Store services
   

Login data

We would like to inform you that whenever you use our service, in the event of an error in the app, we collect data and information (about third-party products) on your smartphone, which is referred to as log data. This Log Data may include information such as your device's Internet Protocol ("IP") address, device name, operating system version, the configuration of the App when you use our Service, the time and date of your use of the Service and other statistics.

Cookies

Cookies are files with a small amount of data that are typically used as anonymous unique identifiers. They are sent to your browser by the websites you visit and stored in your device's internal memory. This service does not explicitly use these "cookies". However, the app may use third-party code and libraries that use "cookies" to collect information and improve their services. You have the option to either accept or decline these cookies and to know when a cookie is being sent to your device. If you choose to decline our cookies, you may not be able to use some portions of this Service.

Service providers

We may employ third party companies and individuals for the following reasons:

• To facilitate our Service;
• To provide the Service on our behalf;
• to provide service-related services; or
• to help us analyse how our Service is used.
   

We would like to inform users of this service that these third parties have access to their personal data. The reason for this is that they perform the tasks assigned to them on our behalf. However, they are obliged not to pass on or use the information for other purposes.

Security

We appreciate that you trust us with your personal information and therefore endeavour to protect it using commercially acceptable means. However, remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to other websites

This Service may contain links to other websites. If you click on a third party link, you will be directed to that site. Note that these external sites are not operated by us. We therefore strongly advise you to read the privacy policies of these websites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Privacy of children and young people

These services are not directed to anyone under the age of 18. We do not knowingly collect personally identifiable information from children and young people under the age of 18. If we become aware that a child or young person under the age of 18 has provided us with personal information, we will delete it from our servers immediately. If you are a parent or guardian and you are aware that your child or young person has provided us with personal data, please contact us so that we can take the necessary measures.

Changes to this privacy policy

We may update our Privacy Policy from time to time. We therefore recommend that you check this page regularly for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. This policy is effective from 01/08/2023

Contact us

If you have any questions or suggestions about our privacy policy, please do not hesitate to contact us at [email protected] to contact us.

The General Terms and Conditions of the third-party service provider NAOCOIN srl can be found below:

General Terms and Conditions: https://naocoin.io/legal/terms/

Legal & Privacy: https://naocoin.io/legal/privacy/

Contact us: If you have any questions or suggestions regarding our General Terms and Conditions, please do not hesitate to contact us at [email protected] to contact us.

1. sent in advance.

Before you decide to register with SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG) (hereinafter: SANUSLIFE) and buy, sell, receive commissions or rewards from SANUSCOIN, you are obliged to take note of the following risk information and accept it as part of the contractual terms of use for cryptocurrencies.

Your contractual relationship with SANUSLIFE is a contract pursuant to the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Fifth Part: Code of Obligations) of 30 March 1911 (SR 220)

2. cryptocurrencies are highly volatile.

You expressly acknowledge and agree that you are fully aware and sufficiently informed and educated that the cryptocurrency market is highly VOLATILE, that this market is also EXTREMELY SPECULATIVE and that holding or trading cryptocurrencies carries a significant risk of loss, which can lead to a significant loss in a very short time and, in the worst case, to a TOTAL LOSS of the value of the cryptocurrencies held.

3. no representations, warranties or promises.

You expressly acknowledge and agree that you will not receive any assurances, guarantees or promises of any kind from SANUSLIFE regarding profit expectations, performance or other returns in connection with cryptocurrencies beyond the provisions of the purchase contract.

4. clarification.

In particular, you expressly acknowledge and agree before entering into a purchase agreement that you are a person with business experience in the field of cryptocurrencies and their economic use and

1. you expressly understand and are prepared to bear the economic, legal, tax and other risks associated with the cryptocurrencies in your possession;
2. taking into account your personal financial circumstances, financial resources, personal lifestyle and monetary obligations, you are financially able to bear the loss of all your expenses in connection with the use of SANUSLIFE's purchase contract services without this having a significant impact on your economic existence in the event of a total loss of the value of your cryptocurrencies;
3. you have knowledge of the respective cryptocurrency and its value-determining factors that you hold for yourself.
    

5. no counselling.

You expressly acknowledge and agree that SANUSLIFE is not providing you with advice in relation to cryptocurrencies or the cryptocurrency markets.

6. country specific authorisation of cryptocurrencies.

You expressly acknowledge and agree that, to the extent permitted by the laws, regulatory opinions or jurisdiction applicable to you under your national law, the mining, holding or trading of cryptocurrencies may not be legally permitted or may only be permitted with permission and you are solely responsible for ensuring that the use and exploitation of SANUSLIFE's services is permitted under the law applicable to you.

7. unauthorised statements.

You expressly acknowledge and agree that any untrue or speculative statements or forecasts or any promotion of the services of SANUSLIFE or the SANUSLIFE as an investment, currency or financial asset that could be used by third parties without permission to promote the distribution and use of the services offered by SANUSLIFE are untrue and unlawful, are therefore strictly prohibited, must also be refrained from by you and any infringement will be prosecuted.

8. statements by third parties.

You expressly acknowledge and agree that SANUSLIFE rejects and does not welcome any third party statements about its services and SANUSLIFE advises its customers not to rely on any third party statements relating to SANUSLIFE's services or the holding or trading of cryptocurrencies, whether positive or negative.

9. exclusion of desired success claims.

SANUSLIFE is not liable for the occurrence of the desired success that the customer or its customers wish to achieve with the use of its services.

10. unilateral cancellation of the contractual relationship.

You expressly acknowledge and agree that SANUSLIFE is entitled, based on the statements under (6), to restrict or terminate its services in whole or in part for individual markets at any time without prior notice and, in the event of termination, to terminate the contractual relationship with you extraordinarily without notice.

11 Modification of booking values.

Booking values can be entered automatically or manually in the app. SANUSLIFE assumes liability for all automatic bookings. You expressly acknowledge and agree that you are solely responsible for all manual bookings or changes made by you. SANUSLIFE accepts no liability for any manual changes made by you.

12. return calculator with profit and loss calculation.

You expressly acknowledge and agree that all values shown under "Unrealised Return" refer to average values and are therefore not definitive. You also acknowledge and agree that gains or losses are possible immediately.

13. profit and loss calculation according to the LIFO method.

You expressly recognise and agree that all profit and loss calculations are carried out according to the LIFO method. This calculation method is based on the "LAST-IN-FIRST-OUT" principle, which means that the cryptocoins purchased last are the ones that are sold first. The corresponding profit or loss is documented in the account statement and forms the basis for submission to the tax office/tax authority.

14th accounting method can be rejected.

Please note that the LIFO method is not recognised in all countries. You expressly acknowledge and agree that you will inform yourself of the applicable accounting method for your crypto gains and losses at the relevant tax office/tax authority and prepare and submit to the relevant office the documentation of the movements of the respective wallet according to the determination method provided for under the applicable legislation in your country.

15. 100% crypto settlement.

You expressly acknowledge and agree that all assets in the wallets made available to you in the App will be settled exclusively in cryptocurrency.

16. crypto ownership notification.

You expressly acknowledge and agree that you will report the ownership of your cryptocurrencies to the tax office/tax office if the legislation of your country provides for this.

17. crypto profit taxation.

Since the purchase and sale of cryptocurrencies is generally subject to tax legislation, each of the crypto wallets integrated in the App is equipped with the function of generating account statements for submission to the tax office/tax office and payment of the corresponding taxes. You expressly acknowledge and agree that you will take care of the taxation of any crypto profits yourself in accordance with the legislation in your country. SANUSLIFE disclaims any liability for penalties imposed on you by the authorities for unpaid taxes on profits.

18. additional costs.

You expressly acknowledge and agree that the taxation of winnings may result in additional costs and that you will be fully responsible for these. These additional costs may be demanded by the tax office, for example. In any case, they will be incurred if you contact a tax consultant to tax your winnings and they provide this service for you.

§ 1 Scope of application; contract language

(1) These General Terms and Conditions (GTC) apply to the contracts concluded between you (hereinafter: Buyer or Customer) and us, SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, 6340 Baar, Switzerland (hereinafter: Seller), via our website https://sanuslife.com/de/legaldocuments. The Customer's relationship with SANUSLIFE ADMINISTRATION AG is governed by the contracts concluded with SANUSLIFE ADMINISTRATION AG (hereinafter also referred to as the "Seller") via our website regarding the purchase and crediting, as well as the use of multi-purpose vouchers (hereinafter also referred to as "VOUCHERS"), which the buyer can use in the future via SANUSAPP 3.0 in the context of SANUSPAY payments; these vouchers are also issued in the event of cancellation of orders that were paid for with SANUSPAY and for which QV points were deposited, called "SANUSLIFE Marketplace VOUCHERS", among other things.

Your contractual relationship with SANUSLIFE is a contract in accordance with the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Fifth Part: Code of Obligations) of 30 March 1911 (SR 220)

(2) A contract may only be concluded with persons who are at least 18 years of age and have full legal capacity. Insofar as statutory provisions link the use of goods or services in the SANUSLIFE network to the attainment of a higher age limit, the customer undertakes to purchase VOUCHER and to use such offers only upon reaching this age limit. The customer is a consumer insofar as the purpose of the services ordered cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

§ 2 Right of cancellation

(1) The customer has the option of purchasing VOUCHER up to a maximum of 2,000 QV points from SANUSLIFE Administration AG. As soon as this amount is reached, a sales stop will apply for this customer. These are VOUCHERS, with which customers can receive an individualised loyalty status and attractive rewards. By clicking on the "Order with obligation to pay" button in the last step of the order process, you submit a binding offer to purchase the VOUCHER displayed in the order overview. However, the request can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept terms and conditions" button and thereby included them in their request. Immediately after submitting the order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between the buyer and seller is concluded as soon as the seller confirms the conclusion of the contract to the buyer.

(2) A VOUCHER credit will also be credited to the customer if he cancels a SANUSPAY payment (excluding QR payment) or makes a cancellation in the SANUSLIFE Marketplace. Part of the purchase amount will always be displayed to the customer as VOUCHER credit in the VOUCHER Wallet, which the customer can redeem in the closed SANUSLIFE system. For a cancellation, the customer is issued a paid voucher purchase receipt. In their SANUSCOIN Wallet statement, they will see that they have automatically purchased a VOUCHER for exactly this amount.

(3) Customers can redeem the VOUCHER credit for a partial payment at partner companies (COMPANY partners that appear as SANUSPAY acceptance points in the SANUSLIFE Marketplace). At the time of redemption, the customer will see the redeemed amount displayed as a minus in their VOUCHER Wallet. In their SANUSCOIN Wallet statement, however, they will see that they have received a VOUCHER credit before paying with SANUSPAY and that a receipt is available for download. The calculation of the redeemable VOUCHER during the purchase is automatically calculated by the system.

(4) The buyer will always receive their voucher value in euros on their personal VOUCHER Wallet in the SANUSAPP. Any currency fluctuations between the euro and the customer's national currency shall be borne by the buyer.

(5) The VOUCHER is always in proportion to the QV Points and can only be redeemed in this proportion. The value of the VOUCHER or the ratio to the QV points is always calculated on the net price in euros. If a buyer purchases VOUCHER from the seller, the following ratio always applies: 1 euro corresponds to 2 QV points.

(6) In the case of a SANUSPAY or SANUSLIFE Marketplace cancellation, the value of the VOUCHER is also calculated in relation to the QV points and in euros. Here the ratio is according to the business margin used for the purchase, or the ratio and exchange rate used for the purchase of the cancelled goods. The value date is always given in euros. The QV points in the ratio are also displayed. When a purchase is made, the QV points entered in the voucher account are offset against the QV points stored for the product purchased. The FIAT credit (euros) in the voucher account is then also debited in proportion and. And a VOUCHER credit note is issued to the buyer.

§ 4 Technical steps up to the conclusion of the contract and correction of input errors

(1) As part of the VOUCHER ordering process, you first place the desired VOUCHER package in the shopping basket.

(2) The VOUCHER package placed in the shopping basket has a fixed euro price. In some countries, the VOUCHER package has a fixed price in the corresponding national currency. However, the QV points stored always correspond to the value in euros.

(3) By clicking on the "Continue" button, the customer is first taken to a page where they can enter their details and then select the payment method. Finally, an overview page opens where they can check their details. He can correct his input errors (e.g. regarding payment method, dates or the desired quantity) by clicking on "Edit" in the respective field. If they wish to cancel the order process completely, they can also simply close their browser window. Otherwise, after clicking on the confirmation button "Order with obligation to pay", his declaration becomes binding within the meaning of § 3 para. 9 of these GTC.

§ 5 Storage of the contract text

The contractual provisions with details of the VOUCHER purchased, including these General Terms and Conditions and the cancellation policy, will not be sent to the customer by email.

6 Registration in the online shop; processing of your personal data

(1) You can order in our online shop or via the SANUSAPP as a registered user. As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account with your e-mail address and a password before or during an order. Registration alone does not constitute any obligation to purchase the products we offer.

(2) For information on the processing of your data, please read our privacy policy, which you can access in our online shop. When you register, you choose a personal user name and password.

§ 7 Terms of payment; prices

(1) The purchase price is due immediately upon ordering and can only be paid in euros or later with SANUSPAY. The customer can find the service provider used for the selected payment method in the information in the online shop. SANUSLIFE currently offers payment by credit card and BTC.

(2) The VOUCHER is not subject to VAT. All prices are exclusive of shipping costs, unless expressly stated otherwise.

§ 8 Cancellation, withdrawal from the purchase contract; suspension of the sale; retention of title

(1) The purchases of VOUCHER are final in the sense that no refund or cancellation of the purchases can take place, unless this is required by mandatory legal provisions or these General Terms and Conditions expressly provide for it.

(2) SANUSLIFE reserves the right to refuse or cancel and limit the amount of any VOUCHER purchase request at any time in its sole discretion.

(3) Furthermore, SANUSLIFE may suspend the sale of VOUCHER at its own discretion. Reasons may include, in particular, suspicion of systematic fraud in the purchase of VOUCHER or excessive utilisation of the IT systems of SANUSLIFE or its contracted external service providers.

(4) The VOUCHERS remain the property of SANUSLIFE until full payment has been made.

§ 9 Transfer of value; responsibility for security of the voucher account

(1) In order to redeem VOUCHERS, each customer must first have a successful KYC/KYB with SANUSLIFE (SANUSAPP) to activate the VOUCHER Wallet. The buyer already assumes that a KYC/B has been successfully completed when purchasing the VOUCHER. The right of cancellation of 14 days does not depend on a successful or unsuccessful KYC/B.

(2) The transaction of the purchased VOUCHERS to the VOUCHER Wallet takes place within 1-5 working days after payment.

(3) The Customer is responsible for implementing appropriate measures to secure its VOUCHER Wallet, which is part of the SANUSLIFE Wallets.

§ 10 Warranty

The statutory provisions on warranty law apply.

§ 11 Limitation of liability

(1) SANUSLIFE operates its service carefully and reliably. Nevertheless, interruptions or losses may occur in the course of service provision as a result of unavoidable events for which SANUSLIFE is not responsible or necessary maintenance work. SANUSLIFE shall endeavour to remedy any disruptions or interruptions as quickly as possible.

(2) SANUSLIFE is not liable for indirect or consequential damages, for example to software or hardware of the customer or a third party, or for any resulting loss of profit or financial loss or for damages arising from claims of third parties against the customer. In particular, SANUSLIFE is not liable for damages that are due to unavoidable interruptions of operations or that are necessary to carry out essential work or to avoid disruptions of operations or that are due to events for which SANUSLIFE is not responsible, such as in particular network disruptions, computer failures or criminal activities by third parties.

(3) SANUSLIFE assumes no liability for loss of customer data for which SANUSLIFE is not responsible, e.g. due to hacker attacks. The customer will be informed immediately of the occurrence of a data loss.

(4) SANUSLIFE assumes no liability for the VOUCHER stored in the customer's accounts or for the customer's data stored there.

(5) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. The same applies to breaches of duty by our vicarious agents.

(6) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

§ 12 Applicable law; place of jurisdiction; online dispute resolution and alternative dispute resolution; severability clause

(1) Swiss law shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the vendor is the registered office of the vendor.

(3) The European Commission provides at http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution (OS).

(4) We are not obliged and not prepared to participate in a dispute resolution procedure in accordance with the German Consumer Dispute Resolution Act (VSBG).

(5) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Status of the General Terms and Conditions for SANUSLIFE VOUCHER: 10.2023

These General Terms and Conditions of Business and Use (hereinafter: "GTC" or "Contract") govern the contractual relationship between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), ([email protected]), VATnumber & identification number: CHE-245.046.413, Commercial Register Office of the Canton of Zug, hereinafter referred to as "PROVIDER", "SLA", "we", "us" or "our" and you as a "COMPANY" or "NON-PROFIT" registered and verified SMART-Package-Partner who wishes to use one or more services of the SLA by activating an account, hereinafter referred to as "you", "you", "you" or "PARTNER".

Your contractual relationship with SANUSLIFE is a contract in accordance with the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Part Five: Code of Obligations) of 30 March 1911 (SR 220)

1. general

1.1 "SANUSPORTAL" is a website operated under the Internet domains (https://sanuslife.com, https://sanuslife.com/finance and https://sanuslife.market, https://sanuspay.com, https://sanusapp.app) and via mobile applications "SANUSAPP" (app for Android and IOS) (hereinafter: "SANUSPORTAL") provided by the PROVIDER, which displays advertising and commercial offers of the PROVIDER and the PARTNERS in the respective area via an interactive map, also with the help of geolocalisation of the user.

1.2 By registering as a PARTNER and accepting these GTC, you confirm that you are concluding this contract as a PARTNER, i.e. as a natural or legal person concluding this contract in the course of your commercial, business, craft or professional activity.

1.3 Your use of the SANUSPORTAL and the utilisation of its services shall be subject to the provisions of a legally binding agreement between you and the PROVIDER. This legal agreement consists of

1. these General Terms and Conditions of Business and Use, which can be found in the footer of all SANUSLIFE websites under "Legal Documents" https://sanuslife.com/deu/pages/legaldocuments/index can be accessed;
2. the General Terms and Conditions of Business and Use of sanuslife.com/finance , which can be found at https://sanuslife.com/deu/pages/legaldocuments/terms_of_use_sanusfinance which are available at
3. the PROVIDER's privacy policy, which is available at https://sanuslife.com/de/legaldocuments
4. the choice of one of the PARTNER accounts offered (SMART, PRO, ULTRA,), which are available at https://sanuslife.com/deu/sanuslife/pricing and can be activated on the same;
5. when activating the "SANUSPAY" function: the terms and conditions of use for SANUSPAY, which are available at https://sanuslife.com/deu/pages/legaldocuments/sanuspay_merchant are available.

The GTC and the PROVIDER's Privacy Policy as well as the other agreements under (c) are hereinafter jointly referred to as the "PROVISIONS".

1.4 The PROVISIONS govern the relationship between you and the PROVIDER in connection with the use of the SANUSPORTAL and the other benefits arising from the COMPANY partner relationship and NONPROFIT partner relationship and form an integral part of all agreements made between you and the PROVIDER in connection with the use of the SANUSPORTAL. Deviating and supplementary provisions shall only apply if this has been expressly agreed.

1.5 You can use the functions of the SANUSPORTAL by activating the desired PARTNER account on the offer page of the services.

1.6 The use of the services of the SANUSPORTAL as a PARTNER may also be subject to further normative and contractual provisions, including those originating from third-party providers with whom the PROVIDER cooperates, insofar as these are necessary to guarantee the services or if you make use of them.

1.7 The contents of the SANUSPORTAL are offered in different languages. The PROVISIONS are available in several languages thanks to the integrated translation software. However, only the German text version of the PROVISIONS and the contents of the SANUSPORTAL shall be authoritative for your contractual relationship with the PROVIDER.

1.8 The PROVISIONS shall not be overridden by any other GTC and shall in any case apply to the contractual relationship between the SUPPLIER and SLA regarding the services of the SANUSPORTAL for SUPPLIERS, unless their validity has been expressly overridden in writing prior to your use of these services and their overriding has been confirmed in writing by SLA.

2 Conclusion of the Partner Agreement and acceptance of the PROVISIONS

2.1 In order to be able to use the services of the accounts offered by the PROVIDER as a PARTNER, you must first accept the PROVISIONS. By visiting the S-WEB SITES as a PARTNER and/or using the functions of the SANUSPORTAL as a PARTNER, you declare that you have read the PROVISIONS valid at the time of use and that you accept them. You should print out the PROVISIONS for your records or save them locally.

2.2 You may not use the functions of the SANUSPORTAL or accept the PROVISIONS if you

1. have not yet reached the legally required age (18 years) for the conclusion of a binding contract with the PROVIDER, or
2. you or your company are barred or otherwise legally prohibited from receiving or using the SANUSPORTAL and/or the related commercial activity under the laws of the country in which you operate or from which you access the SANUSPORTAL or use the relevant services of the PROVIDER;
3. you have already been rejected as a private individual or as a PARTNER for one of the accounts offered;
4. you do not offer your own products (goods & services) that you sell.

2.3 The PROVIDER reserves the right to change the PROVISIONS in whole or in part at any time at its own discretion and without giving reasons. Should this be the case, the changes to the PROVISIONS shall become effective upon their publication on the S-WEB SITES. By using the SANUSPORTAL and the associated services of the PROVIDER after publication of the changes, you accept the changes to the PROVISIONS. You should check the PROVISIONS regularly for changes.

3 Subject matter of the contract: Your advertising on the SANUSPORTAL.

3.1 The SANUSPORTAL is a software solution that provides users with a marketplace including an interactive map, business accounts and earning opportunities through successful recommendations of products and companies and allows the SUPPLIER to publish its commercial offers on this marketplace. The PROVIDER thus offers an information, advertising and business platform on the Internet and/or on an application basis within the SANUSPORTAL, which enables you to present your company to users of the SANUSPORTAL (both registered users and non-registered users) and to advertise your services and certain products with referral marketing.

3.2 These SANUSPORTAL services are offered by the PROVIDER as Software-as-a-Service (SaaS). The subject of the contractual relationship between you and the PROVIDER is therefore the provision of software on the Internet, whether for a fee or free of charge. For this purpose, the PROVIDER stores the software on a server that is accessible to you and all users via the S-WEB SITES and/or via mobile applications (apps for Android and IOS). The PROVIDER may make changes to the SANUSPORTAL and/or the S-PAGES at any time at its own discretion and provide updated versions of the SANUSPORTAL and/or the S-PAGES at any time.

3.3 In order to use the SANUSPORTAL function for an account, you have the option of uploading your company's data including industry affiliation, address, contact details, address of the S-PAGES (also as a link) as well as corresponding information and images for advertising purposes via the S-PAGES and/or the SANUSPORTAL dashboard and thus making them visible in the SANUSPORTAL for users of the same (both registered users and non-registered users) (so-called advertising space). Once you have successfully upgraded to an account (from LITE), you can create an advertising space in the SANUSLIFE Marketplace (the fees are listed on the price overview page here here). If it is not possible to enter the data yourself in the meantime, you can send your data to the PROVIDER and he will enter it for you free of charge. If it is possible to enter the data yourself via the S-WEB PAGE, but you would still like the PROVIDER to do this for you, you can commission the PROVIDER to do this for a fee.

3.4 As the SANUSPORTAL is an information, advertising and business platform, you yourself are responsible for the content and information that you publish on the SANUSPORTAL as a PARTNER and account user. The PROVIDER accepts no liability for this published content and information, nor for the offers and/or services that you make available to end customers in connection with the use of the SANUSPORTAL. You shall be solely responsible to the End Customer for all such services.

3.5 In the context of your use of the SANUSPORTAL, you may not make available or otherwise use any content, information, offers and/or services that infringe the rights of third parties (in particular in the area of data protection, competition, patent and/or trademark law or other industrial property rights) or violate statutory provisions (in particular those of public order and criminal law). In particular, you undertake to comply with the advertising guidelines applicable to your activity, in Italy in particular the "Codice di Autodisciplina della Comunicazione Commerciale" (Code of Self-Regulation for Advertising) of the Italian advertising industry (Istituto di Autodisciplina Pubblicitaria) in its currently valid version, available at https://www.iap.it/codice-e-altrefonti/ il-codice-il-codice-di-autodisciplina-dellacomunicazionecommerciale. You therefore acknowledge that the following content, in particular, is prohibited:

1. Content that infringes copyrights, trademark or patent rights or other industrial property rights of third parties;
2. pornographic or sexually explicit content;
3. Advertising or offering unauthorised services such as prostitution, offering drugs, weapons, human trafficking;
4. depiction of violence, accidents, corpses or similar, racist content;
5. misleading content and in general all content that violates the rules of fair competition and/or other general guidelines applicable to the country of your activity and your industry, in Italy in particular the applicable Code of Self-Regulation for Advertising "Codice di Autodisciplina della Comunicazione Commerciale" (Code of Self-Regulation for Advertising).
6. Content intended to advertise financial products.

3.6 The PROVIDER is entitled to review, amend and, if necessary, remove the content created by you at any time and at its own discretion if, in its opinion, it does not comply with the PROVIDER's philosophy, the applicable guidelines or laws.

3.7 You undertake to indemnify the PROVIDER against all third-party claims relating to possible infringements of rights in connection with the content and information published by you on the SANUSPORTAL or the S-WEB SITE and to reimburse the PROVIDER for all costs and damages incurred directly or indirectly as a result of infringements of rights.

3.8 By transferring your data and images to the PROVIDER for publication on the SANUSPORTAL, you grant the PROVIDER a worldwide, non-exclusive and royalty-free package to the corresponding content and the associated rights (including copyrights, patents, trademarks and other industrial property rights) so that these can be published and made available within the SANUSPORTAL and its further developments. The PROVIDER may also use any content that you have created for use on the SANUSPORTAL at any time for its own purposes, including for marketing purposes. This package is unlimited and irrevocable. Any property rights to the content in question shall remain unaffected. Any liability of the PROVIDER in connection with the use of your content and/or rights is excluded.

3.9 The PROVIDER shall be authorised to display or have displayed within the SANUSPORTAL advertisements and offers of its own company as well as those of other PARTNERS and other third parties. The SUPPLIER shall not be granted any local or industry-specific exclusivity for its advertising placement on the SANUSPORTAL. However, the PROVIDER warrants to the SUPPLIER that the advertisements or offers of the PROVIDER or third parties shall not interfere with the visibility of the SUPPLIER's commercial offers and shall not impede the operation and functionality of the SANUSPORTAL.

3.10 As a SUPPLIER, you are aware that the SANUSPORTAL may also contain comments on your services and user reviews of your business. However, if the function is activated, please note that the PROVIDER has no influence on these comments and ratings created by users and is therefore not liable to you as a pure provider for their content. However, if you consider a rating or comment to be inappropriate or unlawful, you can report this to the PROVIDER, which will then review it at its own discretion and, if necessary, remove it if, in its opinion, this rating or comment does not comply with the applicable guidelines or laws.

3.11 The PROVIDER reserves the right, at its own discretion, to accept you as a PARTNER as a participant in the SANUSPAY payment system after activating the "SANUSPAY" payment method. The prerequisite is that you have accepted the GTC SANUSPAY expressly. Once you have been accepted as the holder of a SANUSPAY Acceptance Point, the PROVIDER will provide you with the corresponding software as provided for in the aforementioned Terms of Use for SANUSPAY Acceptance Points.

3.12 As a PARTNER, you may purchase an unlimited number of SMART Packages. One (1) SMART Package includes one advertising space in the SANUSLIFE Marketplace and any number of SANUSPAY presets, i.e. ready-made settings masks for all percentages of the deals (SAC, SP, SB, SC). Theme-related SANUSPAY presets can be created and saved, which are displayed in the advertising space. The SMART Package fee cannot be cancelled, regardless of whether and when you set up the advertising space and bring it online or it is rejected by the PROVIDER.

3.13 As a PARTNER with a SMART account, you may not disclose to third parties any technical or commercial information of the PROVIDER that you obtain in the course of the contractual relationship, neither during the contractual relationship nor for at least three (3) years after its termination, nor may you use such information for purposes not agreed in this contract.

4 User fee for the SANUSPORTAL.

4.1 The use of the SANUSPORTAL is generally subject to a fee for COMPANY partners, i.e. profit-orientated companies, and free of charge for NON-PROFIT partners, i.e. non-profit-orientated companies, irrespective of any discount campaigns offered by the PROVIDER. By registering on the S-WEB SITES or creating a user account, you make a binding declaration that you wish to use the SANUSPORTAL under the conditions stated on the S-WEB SITES. All prices and other fees for the use of the SANUSPORTAL are listed on the S-PAGE in each case for COMPANY Partner and NON-PROFIT partners and are always exclusive of the legally applicable taxes and/or other duties. The PROVIDER reserves the right to change the prices periodically and unilaterally.

4.2 The subscription contract begins on the day the contract is concluded and is valid for an indefinite period. It is automatically renewed with each monthly subscription payment in accordance with the fee schedule. Cancellation of the subscription contract is deemed to be the suspension or interruption of the subscription payment, which is always due in the following month based on the contract conclusion date. After twelve (12) months of inactivity, your account including all data will be deleted, provided no purchases have been made. If purchases have been made, your account and all relevant data will be archived for ten (10) years. Until the time of deletion, you can back up the data at any time (e.g. by downloading it).

4.3 The fees for the use of the SANUSPORTAL are payable monthly in advance at the beginning of each contract month via the subscription. You will be informed of the due date by e-mail and via the SANUSAPP application and requested to pay these amounts in the form of a monthly usage fee. The corresponding amount will also be displayed in your login area in the SANUSAPP and also on https://sanuslife.com/finance or SANUSAPP (PlayStore & AppStore) under "PLAN". After receiving this payment request, you are obliged to pay the monthly usage fee in advance. The invoice will be issued upon receipt of payment.

4.4 Payment can only be made using the payment methods shown on the S-WEB SITES and in the SANUSPORTAL. This requires that the accounts at https://sanuslife.com/finance or SANUSAPP are filled with credit. The PROVIDER reserves the right to change the terms of payment.

4.5 If you are even partially in arrears with a payment, the PROVIDER is authorised to interrupt your contractual services, remove your content from the SANUSPORTAL and block your access to the account. The system will automatically downgrade you to the "LITE" account. The PROVIDER reserves the right to assert any further claims in connection with the default in payment.

5 Other terms of use on the SANUSLIFE Marketplace.

5.1 You may only use the SANUSPORTAL and the corresponding content within the scope of the contractually agreed scope of use and thus exclusively for the promotion of your company and its services. You are not entitled to any further rights. Any further use requires the prior written consent of the PROVIDER.

5.2 If you exceed the contractual scope of use or otherwise use the SANUSPORTAL or SANUSPORTAL content unlawfully or permit such use, the PROVIDER may interrupt its contractual services and block your access to the SANUSPORTAL and/or terminate the contractual relationship without further notice. In this case, you shall be responsible for all resulting damages and/or third-party claims and shall be obliged to indemnify the PROVIDER against all third-party claims.

5.3 The PROVIDER may terminate the contract with you at any time if it has the impression that you are frequently changing the percentages for SANUSBUSINESS, namely for the SANUSCREDITS, SANUSPLANET and SANUSCOIN areas, solely because you expect short-term advantages in ranking or visibility, and in doing so are consciously or unconsciously misleading or deceiving users. The PROVIDER may also terminate the contract, for example, if customers complain that they were previously shown more percentages than the system actually billed and it can be proven that this happened because you changed the percentages too quickly in succession for the reasons mentioned above.

5.4 The PARTNER accounts may only be used to advertise your own company. Setting up and advertising the products of third-party companies, such as MLM companies for which you work as a salesperson, is prohibited and may result in cancellation without notice. No websites or e-mail addresses with the domain name "SANUSLIFE" may be provided, not even by other MLM companies. If the PROVIDER only discovers these or similar offences at a later date, the account package fees and the monthly fees cannot be contested. Furthermore, the PROVIDER reserves the right to demand an additional administrative & reminder fee penalty of at least EUR 1,500 plus legal fees from the PARTNER.

5.5 SANUSPORTAL shall be the exclusive property of the PROVIDER. By using the SANUSPORTAL, you do not acquire any claims or rights to the SANUSPORTAL or its content, in particular not to the software or the S-WEB SITES. All copyrights, patent rights, trade mark rights and other industrial property rights shall remain with the PROVIDER. You are not permitted to copy, reverse engineer, reproduce, sell or temporarily transfer, rent or lend the SANUSPORTAL, the S-PAGES and/or the PROVIDER's software or parts thereof.

5.6 The PROVIDER shall be entitled to take technical or other measures at its own discretion at any time to protect the SANUSPORTAL from non-contractual use and/or to introduce additional terms of use.

5.6 You are obliged to take all necessary and/or appropriate measures to prevent unlawful or non-contractual use of the SANUSPORTAL. If you recognise or should recognise that there is a threat of unlawful or non-contractual use, you are obliged to inform the PROVIDER of this immediately. In addition, you are obliged to protect the access authorisations assigned to you as well as identification and authentication information from access by third parties and not to pass them on to unauthorised persons.

6 Disclaimer of warranty by the PROVIDER.

6.1 The services of the SANUSPORTAL, including the content and services of the S-WEB SITES, as well as all other alias pages of the PROVIDER shall be provided "as is" and the PROVIDER shall not assume any warranty or guarantee in this regard.

6.2 The PROVIDER therefore accepts no responsibility for permanent or temporary errors, omissions, interruptions, deletions, defects, delays and/or adjustments in the operation, transmission and/or provision of the content and services of the SANUSPORTAL, communication line failures, unauthorised access to, theft of, loss of and/or damage to data that you provide, create or receive in the course of using the SANUSPORTAL. Furthermore, the PROVIDER is not responsible for problems or technical faults in connection with the mobile Internet, telephone networks or lines, online systems, servers or providers, computer equipment, software, or for failures of e-mails or the service provider for processing electronic payments due to technical problems or data congestion on the Internet, or a combination thereof. The PROVIDER is also not liable for any changes that it should make to the marketplace.

6.3 The PROVIDER can also not be held liable for content and information that you yourself have made accessible via the SANUSPORTAL or via the S-WEB SITES of third parties, or that is misused by them.

6.4 In particular and inter alia, SLA does not warrant or guarantee that:

1. your use of the SANUSPORTAL will not be interrupted and/or will be timely, secure and/or free from errors or faults; however, the PROVIDER will endeavour to restore the availability of the SANUSPORTAL as soon as possible in such event;
2. your use of the SANUSPORTAL satisfies your expectations or your advertising on the SANUSPORTAL is commercially successful;
3. comments and ratings from users on the SANUSPORTAL are objective and/or correct;
4. any information you receive in the course of using the SANUSPORTAL is accurate or reliable;
5. depiction of violence, accidents, corpses or similar, racist content;
6. errors in the operation or functionality of any computer programs made available to you as part of the PROVIDER's services.

6.5 In no event shall the PROVIDER be liable for any damages (including indirect or consequential damages and loss of profit) arising directly or indirectly from the use of the SANUSPORTAL, except in cases of wilful misconduct or gross negligence.

6.6 The PROVIDER is not a contractual partner of the services that you offer to end customers within the framework of the SANUSPORTAL or as a consequence thereof. The PROVIDER does not assume any warranty or other guarantee for the content, information, offers and services that you make available to end customers in connection with the use of the SANUSPORTAL, nor for the comments and ratings that end customers leave about your services and offers on the SANUSPORTAL or in other applications and S-WEBSITES on the Internet.

6.7 Other conditions, warranties or other terms (including any terms relating to satisfactory quality, fitness for purpose or conformity with descriptions) shall also not apply to the PROVIDER's services, unless expressly stated otherwise in these GTC.

6.8 The exclusions or limitations of liability of the PROVIDER contained in this section 6 shall not apply in cases of intent or gross negligence.

7 Termination and cancellation of the contract.

7.1 The contractual relationship may be terminated by the PROVIDER at any time without notice and without stating reasons; the SUPPLIER may terminate the contractual relationship by suspending payments.

7.2 Notwithstanding other statutory or contractual grounds for termination, the PROVIDER shall be entitled to terminate the contractual relationship with immediate effect by closing the account without notice if one or more of the following events occur:

1. Opening of insolvency proceedings or insolvency-like proceedings in relation to the SUPPLIER;
2. Cessation of payments by the SUPPLIER, assignment of parts of the company to satisfy creditors as part of a reorganisation of the SUPPLIER;
3. liquidation or dissolution of the SUPPLIER's company or termination of the SUPPLIER's business activities for any other reason;
4. Termination of any existing contractual relationship between the PROVIDER and the SUPPLIER as reseller due to serious contractual non-compliance by the SUPPLIER with the provisions for resellers;

8. notices.

8.1 Any notice to the SUPPLIER in connection with the contractual relationship shall be deemed duly delivered if it has been sent by registered letter with acknowledgement of receipt, certified e-mail, ordinary e-mail or notification via the SANUSPORTAL to the contact details stored in the Dashboard by the SUPPLIER itself.

8.2 Notifications to the PROVIDER in connection with the contractual relationship must be sent by registered letter with acknowledgement of receipt, certified e-mail or ordinary e-mail to the following address: SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), [email protected].

9 Applicable law and place of jurisdiction. Place of fulfilment.

9.1 German law shall apply to all relationships between the contracting parties, including these GTC, to the exclusion of the conflict of laws provisions.

9.2 The exclusive place of jurisdiction for all disputes arising from and in connection with the relationship between the contracting parties, including these GTC, shall be Swiss law.

9.3 The place of fulfilment for all contractual services is the legal domicile of the PROVIDER.

10 Final provisions.

10.1 Should one or more clauses of the PROVISIONS be or become invalid and/or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.

10.2 Should you breach one or more clauses of the PROVISIONS, any tolerance of this breach by the PROVIDER shall in no case result in the waiver of its rights and other effects under the relevant provisions or the waiver of the right to full fulfilment of the obligations and conditions of the contractual relationship and/or the PROVISIONS.

Between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG) - hereinafter referred to as "SANUSLIFE" - and you, as a NON-PROFIT company - hereinafter referred to as "Sponsor Partner" - hereinafter jointly referred to as "the Parties".

Your contractual relationship with SANUSLIFE is a contract pursuant to the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Fifth Part: Code of Obligations) of 30 March 1911 (SR 220)

Preamble

SANUSLIFE is a company that operates a financial technology platform at sanuslife.com/finance, an online marketplace at sanuslife.market and a 360° eco-system at sanuslife.com and offers its products as SaaS (Software as a Service) services for private individuals (PRIVATE), companies (COMPANIES) and non-profit organisations (NON-PROFIT or Sponsor Partner).

The Sponsor Partner is a registered non-profit organisation which is contractually bound to SANUSLIFE on the basis of a SMART Partner Agreement.

SANUSLIFE now intends to financially support the Sponsor Partner on the basis of this contract within the framework of so-called sponsorship payments in return for the provision of a range of advertising activities and to make personalised SANUSLIFE websites available to the Sponsor Partner via the portal www.sanuslife.com for the registration of interested parties.

With this in mind, the contracting parties conclude the following agreement:

§ 1 Performance by SANUSLIFE

1. SANUSLIFE undertakes to provide the Sponsor Partner with the account type "SMART+" (here ) including a free multi-currency wallet at sanuslife.com/finance, as well as to provide an advertising space at sanuslife.market and various other functions in accordance with the account type and description on the SMART+ fee page.
2. SANUSLIFE undertakes to pay the sponsor partner so-called sponsorship fees, the amount of which is specified in the remuneration plan (https://sanuslife.com/deu/register/dashboard). SANUSLIFE is only obliged to pay a Sponsorship Fee if the Sponsor Partner is registered via the SANUSLIFE Marketplace (https://sanuslife.market) by members or other participants enrolled by the Sponsor Partner. Further requirements for the payment of sponsor fees are the correct indication of currencies (EUR & SAC), exchange rates and amounts on the sponsor receipt, which must be uploaded by the sponsor partner in the SANUSLIFE back office. Furthermore, the sponsor receipt must be issued to the following address: SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZUG), CHE-245.046.413, furthermore, only legally correct sponsor receipts will be recognised.
3. SANUSLIFE undertakes to present the sponsorship monies accrued to the Sponsor Partner in accordance with paragraph (2) to the Sponsor Partner at weekly, monthly and annual intervals in a back office and to transfer them to the account in SANUSCOIN by means of an APP in APP transaction if the Sponsor Partner issues a correct invoice for an amount of EUR 50.00 or more. Sponsor funds will only be paid out in SANUSCOIN. The payment in SANUSCOIN is based on an average exchange rate. Any exchange rate fluctuations between the national currency on the sponsor voucher and the final SAC amount paid out are at the expense/favour of the contractual partner (sponsor partner).
4. The realisation of the communicative objectives pursued by SANUSLIFE in entering into this agreement has no influence on the Sponsor Partner's entitlement to remuneration, unless the Sponsor Partner has culpably impeded or frustrated their achievement through the breach of material contractual obligations or through grossly negligent behaviour.
    

§ 2 Consideration of the sponsor partner

1. The Sponsor Partner undertakes to provide the following consideration for the services provided free of charge by SANUSLIFE:
   1. Placement of the SANUSPAY payment method on site in the checkout area and/or online on the Sponsor Partner's website and taking all advertising measures with the aim of enrolling its own members with SANUSLIFE via the subdomain provided (ID.sanuslife.com);
   2. Sending its own and/or SANUSLIFE-provided newsletter content via the company's own newsletter in compliance with the relevant legal provisions, at least eight (8) newsletters per year;
   3. Placement of social media postings about SANUSLIFE, SANUSPLANET, SANUSCOIN and/or the SANUSAPP on all social media channels operated by the sponsoring partner, at least twelve (12) postings per year;
   4. Placement of the SANUSLIFE, SANUSPLANET and/or SANUSCOIN logos and mention of SANUSLIFE on the Sponsor Partner's website;
   5. Placement of the advertising materials provided by SANUSLIFE for special prices, such as standing banners, flyers, brochures, videos and the like in highly visible or well-frequented presentation or sales areas of the sponsoring partner;
   6. Complete set-up of the advertising space provided by SANUSLIFE in accordance with the specifications, on its own initiative or with the help of SANUSLIFE, by depositing or sending meaningful images (logo, organisation purpose, etc.) as well as ongoing checking of the content for topicality, e.g. opening hours, description, links, etc.
       

§ 3 Code of conduct for the sponsoring partner

a. General obligations of the sponsoring partner

1. The sponsoring partner is prohibited from using the portal sanuslife.com, sanusapp.app, sanuspay.com, sanuslife.com/finance and sanuslife.market and sanusplanet.org violate the rights of third parties, harass third parties or otherwise violate applicable law or common decency. In particular, the sponsoring partner undertakes to refrain from the following actions:
   1. Disseminating statements with offensive, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise objectionable or prohibited content;
   2. Insulting, harassing, threatening, frightening, defaming, embarrassing other sponsor partners, contractors, customers, employees or sponsor partners of SANUSLIFE;
   3. Spying on, disclosing or disseminating personal or confidential information of other SANUSLIFE sponsor partners, contractors, customers, employees or sponsor partners; or otherwise violating the privacy of other SANUSLIFE sponsor partners, contractors, customers, employees or sponsor partners;
   4. Spreading untrue claims about the race, religion, gender, sexual orientation, origin, social background of other SANUSLIFE sponsor partners, contractors, customers, employees or sponsor partners;
   5. Spying on, disclosing or disseminating SANUSLIFE's confidential information;
   6. Spreading untrue claims about SANUSLIFE;
   7. Using legally protected images, photos, graphics, videos, pieces of music, sounds, texts, trademarks, titles, designations, software or other content and labelling without the consent of the rights holder(s) or permission by contract, law or legal regulation;
   8. Disseminating statements with advertising, religious or political content;
   9. Using prohibited or illegal content;
   10. Exploiting errors in the programming (so-called bugs);
   11. Taking measures that could lead to an excessive load on the servers and/or massively impair the process for other customers;
   12. Hacking or cracking as well as promoting or encouraging hacking or cracking;
   13. Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
   14. Uploading files that contain viruses, Trojans, worms or corrupted data;
   15. Using or distributing "auto" software programs, "macro" software programs, "sniper functions" malicious functions (malware or spyware) or other "cheat utility" software programs;
   16. Modifying the service or parts thereof;
   17. Using software that enables so-called "data mining" or otherwise intercepts or collects information in connection with the Service;
   18. Interfere with transmissions to and from the Service servers and the Website servers;
   19. Intrusion into the service, data servers or website servers;
   20. using unrecognisable and/or invisible methods to generate clicks or transactions that are not triggered by the affirmative action of an end user;
   21. Use cookies, devices, programmes, robots, iframes or hidden frames, pop-up windows or other operations or processes that prevent SANUSLIFE from properly identifying and tracking transactions;
   22. avoid misleading or deceiving other Sponsor Partners, contractors, customers, employees or Sponsor Partners of SANUSLIFE with the aim of getting them to click on a sponsored/sales link;
   23. Furthermore, the sponsoring partner is prohibited from using the portal www.sanuslife.com without the consent of the person concerned, to process their personal data (in particular address, telephone number, e-mail address) without their consent and/or to pass it on to third parties. In particular, the sponsoring partner is prohibited from contacting the data subject for business purposes without consent.
2. SANUSLIFE refers to its domiciliary rights with regard to the use of its portal www.sanuslife.com and expressly reserves the right to immediate blocking and extraordinary termination in accordance with applicable law if any of the obligations set out in paragraph (1) or any other applicable law is violated during use.
    

b. Placements

1. When uploading and publishing texts and media content on SANUSLIFE websites, the Sponsor Partner warrants that it holds all corresponding rights. Otherwise, SANUSLIFE has the right to delete these and to take the Sponsor Partner offline.
2. The Sponsor Partner may only place content on SANUSLIFE websites whose copyrights are owned or in its possession or over which it is authorised to use.
3. Texts and media content whose rights are not owned by the Sponsor Partner or which are in dispute between the Sponsor Partner and third parties may not be uploaded to SANUSLIFE websites.
    

c. Misleading, redirecting and framing

Sponsor Partners may not, expressly or by means of representations or otherwise, give the impression to other SANUSLIFE Sponsor Partners, companies, customers, employees or Sponsor Partners that they are on SANUSLIFE's platform and/or advertising content when they are actually on their website or platform.

d. Password-protected parts of the SANUSLIFE website

1. The password-protected parts of the SANUSLIFE websites are intended exclusively for Sponsor Partners worldwide. Note: Passwords should not be disclosed to third parties and must be protected against unauthorised access. If the Sponsor Partner becomes aware of any unauthorised use of its password, it should notify SANUSLIFE immediately. SANUSLIFE assumes no liability or responsibility for damages resulting from the misuse of passwords.
2. The right to use the password-protected parts of the SANUSLIFE Websites ends upon termination of the Sponsor Agreement without any further action by SANUSLIFE being required. In the event of termination, the Sponsor Partner must delete or destroy all stored, printed or copied materials, unless they must be retained due to mandatory legal requirements.
    

e. Special provisions on the use of materials

1. SANUSLIFE grants the Sponsor Partner access to the SANUSLIFE "Mediacenter" (www.sanuslife.com > Login > My profile).
2. The Sponsor Partner undertakes to use the SANUSLIFE website material (or parts thereof) made available to it exclusively for the purpose of sales promotion (e.g. The Sponsor Partner undertakes to use the SANUSLIFE Website Material (or parts thereof) provided to it exclusively for the purpose of sales promotion (e.g. print and/or online advertising), unchanged, with reference to the source and solely for advertising SANUSLIFE, its goods in the context of product sales or customer or sponsor partner acquisition or maintenance; the reference must be indicated a) - if available - in the imprint and b) easily recognisable and accessible on the respective material or - if this is not possible - in the immediate vicinity of the attachment of the SANUSLIFE Website Material used by the following note: "Source: SANUSLIFE".
3. The materials provided by SANUSLIFE and used by the sponsoring partner as advertising material must not give the false impression that the sponsoring partner has produced the product in whole or in part itself or with the help of third parties, nor that the result has been significantly produced with the sponsoring partner's co-operation. Likewise, the aforementioned materials provided by SANUSLIFE may not be modified or otherwise processed.
4. The Sponsor Partner is prohibited from designing offline advertising materials such as flyers, roll-ups, brochures, bumper stickers, business cards or the like itself and/or having them designed. All offline advertising materials may only be obtained directly from SANUSLIFE (Marketplace).
5. It is strictly prohibited to use the "SANUSLIFE" trademark, other SANUSLIFE website trademarks, other trademarks or other intellectual property of SANUSLIFE which are clearly attributable to SANUSLIFE (business areas, product brand names, product labels or parts of SANUS...) for domain names, e-mail or social media characters, chat designations, Internet portals, apps, groups, online videos or other advertising materials and channels in an identical, similar or abbreviated manner.
6. The Sponsor Partner is responsible for the content of its own advertising or sales promotion measures, self-created websites, etc., in particular with regard to misleading earning opportunities on SANUSLIFE Marketplace, health claims and financial statements.
7. The Sponsor Partner is prohibited from downloading and/or modifying SANUSLIFE videos from the SANUSLIFE YouTube channel or other platforms or making them publicly available on other media. SANUSLIFE videos that can be found via various channels on the Internet may only be linked, but never downloaded and re-uploaded. Only linking or embedding with the above-mentioned source reference: "SANUSLIFE" in your own online presence is permitted.
8. No video and/or audio recordings/recordings of SANUSLIFE webinars, SANUSLIFE events, SANUSLIFE presentations, SANUSLIFE events, etc. may be produced, reproduced, distributed and made publicly accessible via the Internet or other means or otherwise made available for use.
    

f. Special provisions on the use of SANUSLIFE trademarks and logos

1. SANUSLIFE grants the Sponsor Partner the non-exclusive right to use the SANUSLIFE website trademarks or logos internationally in connection with the promotion and sale of all SANUSLIFE products within the scope of the contractual specifications.
2. The Sponsor Partner is not authorised to create an independent shop system with SANUSLIFE Website Products or to sell SANUSLIFE Marketplace Products via its own or other third-party websites or to register new customers or Sponsor Partners. Links to SANUSLIFE Websites or to your personalised SANUSLIFE Website, with or without reference to SANUSLIFE Marketplace, are permitted and encouraged. The decisive factor is that the entire purchase process is handled via the personalised SANUSLIFE website.
3. Sponsor Affiliate is not authorised to combine the SANUSLIFE Website Marks or other SANUSLIFE marks or other SANUSLIFE intellectual property with any other branding element to form a single brand or mark and/or to use any of the foregoing SANUSLIFE Marks as a business name or as part of its business name.
4. The Sponsor Partner may not modify the SANUSLIFE website trademarks or other marks or other intellectual property of SANUSLIFE in any way or use them in a modified form in business transactions. In particular, the use of any design that differs in colour from the original SANUSLIFE elements is not permitted.
5. The non-exclusive, contractually limited right to use the SANUSLIFE website trademarks or other marks or other intellectual property of SANUSLIFE applies only for the term of the sponsor-partner agreement.
6. SANUSLIFE reserves the right to change or abandon any SANUSLIFE Website Marks over time. The Sponsor Partner is requested to use only the new logo with the new SANUSLIFE Website Brand after a period of six (6) months from the introduction of the new logo. The Sponsor Partner is obliged to regularly check that the SANUSLIFE Website Trademarks are up to date and to recognise and adopt any changes.
    

§ 4 Warning, contractual penalty, damages, indemnification

1. In the event of a first breach of the Sponsor Partner's obligations regulated in § 3, SANUSLIFE shall issue a written warning, setting a deadline of ten (10) days to remedy the breach of duty. The Sponsor Partner undertakes to reimburse the costs of the warning, in particular the legal fees incurred for the warning.
2. If the same or a substantially similar breach occurs again after the expiry of the deadline set by the warning notice, or if the originally warned breach is not remedied, a contractual penalty shall become due immediately at SANUSLIFE's discretion and, in the event of a dispute, shall be reviewed by the competent court. For the assertion of the contractual penalty, additional legal fees will also be incurred, which the Sponsoring Partner is obliged to reimburse.
3. Notwithstanding the forfeited contractual penalty, the Sponsor Partner shall also be liable for all damages incurred by SANUSLIFE due to a breach of duty by the Sponsor Partner, unless the Sponsor Partner is not responsible for the breach of duty.
4. In the event of a claim by a third party due to a breach of one of the contractual obligations or any other breach of applicable law by the Sponsor Partner, the Sponsor Partner shall indemnify SANUSLIFE against liability at SANUSLIFE's first request. In particular, the Sponsor Partner undertakes to bear all costs, in particular legal fees, court costs and damages, incurred by SANUSLIFE in this connection.
    

§ 5 Loyalty, information, confidentiality

1. The contracting parties undertake to show mutual respect, good behaviour and loyalty. They shall at no time make negative comments about the other party or its products or otherwise damage its reputation. These obligations shall continue to apply after termination of the contract.
2. The contracting parties shall inform each other immediately of all circumstances that could be of significance for the implementation of this contract. All measures with a publicity effect shall be agreed with the other contracting party in advance if possible.
3. The contracting parties undertake to treat the content of the contract and all related circumstances as confidential vis-à-vis third parties. Disclosure to third parties is only permitted on the basis of mandatory statutory provisions or an unappealable official order, or alternatively with the prior express written consent of the other contracting party. This obligation shall continue to apply after termination of the contract.
    

§ 6 Exclusion of liability

1. SANUSLIFE excludes any liability towards the Sponsor Partner for any damage that is not based on a grossly negligent or intentional breach of duty by SANUSLIFE or on a grossly negligent or intentional breach of duty by a legal representative or vicarious agent of SANUSLIFE.
2. The contracting parties agree that SANUSLIFE is neither involved in the organisation nor in the implementation of the measures according to § 2 and bears no responsibility for them. The Sponsoring Partner is obliged to indemnify SANUSLIFE against all possible claims for damages by third parties arising from or in connection with the measures, unless these are based on intentional acts by SANUSLIFE.
    

§ 7 Conclusion of contract; term and cancellation; option rights

1. The contract comes into force after registration as NON-PROFIT and successful completion of the KYC/KYB procedure and runs for an indefinite period of time. It can be cancelled by either party at any time with a notice period of one month to the end of the month.
2. The right to extraordinary cancellation of the contract for good cause remains unaffected.
3. Notice of cancellation on the part of the sponsoring partner must be sent by email to [email protected] with the subject "Wish to terminate the cooperation". SANUSLIFE undertakes to deactivate the account of the Sponsor Partner immediately after reading the e-mail, whereby the Sponsor Partner becomes invisible on the SANUSLIFE platform. All sponsorship monies accrued until the Sponsor Partner's account is deactivated will then be forfeited. SANUSLIFE shall also give notice of cancellation by sending an email to the Sponsor Partner and immediately deactivating its account.
4. Should further forms of advertising be permitted or possible in the future due to a further development of the legal situation or technical progress than is currently the case, SANUSLIFE shall have the right to demand that the Sponsor Partner grant these further advertising opportunities in return for an additional fee, the amount of which shall be mutually agreed. In the event that the Sponsor Partner does not agree to such an amendment to the contract within the meaning of sentence 1, both parties shall have the right to terminate the contract extraordinarily with effect from the date on which the amendment to the contract comes into force.
    

§ 8 Restitution of benefits

Only the sponsorship monies that may have accrued until the account is deactivated are deemed to be returned benefits. Beyond this, any claim to the return of services is excluded, as the services were provided to the sponsoring partner free of charge.

§ 9 Written form, contract language, severability clause

1. There are no verbal collateral agreements. Amendments or additions to this contract must be made in writing to be effective. This also applies to a waiver of this written form requirement.
2. The contractual language is German. Any translations of this contract into other languages are for information purposes only, so that the German-language version of the contract is the authoritative version.
3. Should individual provisions of this contract be invalid or unenforceable in whole or in part or lose their validity or enforceability at a later date, this shall not affect the validity of the remainder of this contract. In this case, the contracting parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the purpose of the contract. If the purpose of the contract cannot be achieved with an effective or feasible provision, each party shall be entitled to terminate the contract without notice for good cause. In this case, neither party shall be obliged to return the service(s) received from the other party. The same applies to any loopholes in the contract.
    

§ 10 Applicable law, place of fulfilment, place of jurisdiction, precedence of the sponsor contract; amendment of the GTC

1. This contract is subject to Swiss law.
2. The place of fulfilment for all obligations arising from this contract is the registered office of SANUSLIFE in Baar, Switzerland.
3. The place of jurisdiction for all disputes arising from this contract is the registered office of SANUSLIFE in Baar, Switzerland.
4. Insofar as other contracts concluded between the parties contain provisions that contradict the clauses of this Sponsor Agreement, the provisions of this Sponsor Agreement shall take precedence.
5. SANUSLIFE is entitled to amend these GTC at any time and will give the Sponsor Partner at least six (6) weeks' notice of any amendments before they come into force, specifically stating the future amendment to the contract. The Sponsor Partner has the right to object to the amendment or to terminate the contract in text form without observing a notice period as of the effective date of the amendment. In the event of an objection, SANUSLIFE is entitled to terminate the contract with due notice. If the Sponsor Partner does not terminate the contract or does not object to the amendment by the time the amendment comes into force, the amendments shall come into force on the date specified in the amendment notice. SANUSLIFE will inform the Sponsor Partner of the significance of its silence in the notice of amendment.
    

Status of the General Terms and Conditions: December 2023

These General Terms and Conditions of Business and Use govern the contractual relationship between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), ([email protected]), VATNumber & Identification Number: CHE-245.046.413, Commercial Register Office of the Canton of Zug, hereinafter also referred to as "SANUSLIFE", "we", "our" or "us" and you as the "SELLER", also referred to as "you", "your" or "yours", and as a registered and verified SANUSPAY acceptance point, who wishes to use one or more SANUSLIFE services in relation to the "Marketplace" with advertising space and the "Business Accounts incl. SANUSPAY ".

Your contractual relationship with SANUSLIFE is a contract pursuant to the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Fifth Part: Code of Obligations) of 30 March 1911 (SR 220)

These SANUSPAY General Terms and Conditions (the "Terms") govern the use of the products, services or other features, technologies or functionalities related to the payment acceptance services for Sellers (the "Acceptance Services") provided by SANUSLIFE ("SANUSPAY", "SANUSLIFE", "we", "our" or "us") via the SANUSLIFE Website, API or otherwise to you ("Seller", "you", "your" or "you").

The German text of this Agreement shall prevail. Swiss law applies. Translations in other languages are for reference only."

By using the Acceptance Services, you accept and agree to be bound by these Terms and confirm that you have read, understood and accepted all of the terms contained herein:

1. our services

SANUSPAY is a blockchain/cryptocurrency payment processor that allows you to accept cryptocurrencies as a payment method in exchange for goods or services that you sell to your customers ("Buyers").

SANUSLIFE provides the infrastructure (online marketplace) for B2B partners to offer their products. The acceptance services are part of this infrastructure and enable payment for the products sold. SANUSLIFE is neither a cryptocurrency exchange nor a payment service provider within the meaning of the Swiss Anti-Money Laundering Act, nor does it offer the custody of cryptocurrencies as part of the acceptance services. The acceptance services are only available to companies that sell products or services and to registered charitable organisations that accept donations.

By using the Acceptance Services, you authorise SANUSLIFE to act as your agent and to take all actions we deem necessary or desirable to provide the Acceptance Services and to comply with applicable laws and regulations. A Buyer's payment with SANUSPAY will be considered a payment made directly to you and will limit the Buyer's outstanding obligations to the extent of the payment.

2 Contracting party and compliance with legal regulations

2.1 Contracting Party

Your relationship under these Terms is with SANUSLIFE ADMINISTRATION AG, a public limited company with its registered office in Baar, Switzerland, Lindenstrasse 8, 6340 Baar (ZG). If the Seller requires regulated services, these are provided directly by the relevant external third party companies and a separate contract between the Seller and these third party companies is required.

2.2 Compliance with legal regulations

SANUSLIFE is subject to Swiss laws and regulations. SANUSLIFE is also registered with the VQF Association for Quality Assurance of Financial Services. Insofar as the seller claims regulated services, it must comply with the applicable requirements of the third-party companies with regard to AML/ATF/sanctions compliance and is obliged to cooperate.

You represent and warrant that:

• you, or the person accepting these Terms on behalf of Seller, are of legal age and have all requisite rights, capacity and authority to bind Seller to these Terms;
• you have all necessary rights, power, authority and capacity to enter into and perform your obligations under these Terms and your use of the Acceptance Services;
• your business is duly organised, validly existing and duly qualified under the laws of the state and country in which it is incorporated and is in good standing in each jurisdiction in which the conduct of its business requires such qualification;
• you are at all times deemed to be a company or self-employed person within the meaning of Swiss law and are not acting in the capacity of a consumer, and you undertake to notify us immediately if this changes. In general, a consumer in this context is a person acting for purposes other than a trade, business or profession;
• your use of the Acceptance Services does not violate any applicable international, federal, state or local laws or regulations, including tax laws and regulations;
• you will ensure that your use of the Acceptance Services complies with all applicable laws and regulations;
• your use of the Acceptance Services does not violate these Terms or any other applicable terms of use; and
• all information you have provided to us and may provide to us from time to time is true and will remain true and will be updated and corrected in a timely manner to maintain its status as true and complete.
   

4. your sales account ("Account")

4.1 Account opening and registration

SANUSLIFE will require certain information from Sellers in order to comply with applicable laws and regulations. Therefore, as part of setting up a Seller Account, you may be asked to provide business-related information such as name, mailing address, physical address, telephone number, email address, information about the ultimate beneficial owner(s) or person(s) exercising significant control over the business, such as tax identification number and government-issued identification number, legal name, fictitious name (i.e. DBA name), company website, the type of transactions you expect to make and your industry. You may be asked to provide additional information and/or documents to enable us to verify your identity and assess the business risk, e.g. company formation documents, compliance programme documents and information about your buyers.

The information you provide when opening the account must be accurate and complete, and you must notify us of any changes to this information within ten (10) business days. SANUSLIFE has the right to reject your Account registration, close your Account at a later date or restrict the provision of the Acceptance Services to you if you do not provide and maintain accurate, complete and satisfactory information.

4.2 Limits on transaction processing

SANUSPAY sets daily and annual transaction volume limits per account. If you wish to increase your limit, you will be notified via the email address you have provided to provide us with the documentation required for the upgrade. Depending on the upgrade request, you may be required to provide additional information and documentation. Requests will only be approved once all required documentation has been reviewed and the accuracy and authenticity of the information has been confirmed.

4.3 Buyer verification

Depending on the transaction amount, your buyers may be required to go through a verification process at the time of payment. This process is known as creating a "SANUSLIFE ID".

4.4 Prohibited use and transactions

4.4.1 Prohibited use

In connection with your use of the Acceptance Services and your interactions with other users and third parties, you agree to refrain from the following prohibited uses. This list is not exhaustive and we reserve the right to change it at any time. It is at our sole discretion to decide whether an activity falls into one of these categories.

• Unlawful activity: Acts that would violate or contribute to the violation of any law, statute, ordinance or regulation, including applicable sanctions programmes, including but not limited to sanctions law, sanctions lists and programmes under the State Secretariat for Economic Affairs (SECO), or that would involve the proceeds of unlawful acts; acts that would publish, distribute or disseminate unlawful materials or information.
• Abusive activities: Acts that impose an unreasonable or disproportionately large load on our infrastructure or adversely affect, intercept or expropriate systems, data or information; transmitting or uploading material to our computer systems, networks or websites that contains viruses, Trojan horses, worms or other harmful or destructive programmes; otherwise attempt to gain unauthorised access to our computer systems, networks or websites or to our other customers' accounts, computer systems or networks connected to us; interfere with any other person's or entity's access to or use of the Acceptance Services; Use any other party's information to access or use our computer systems, networks or websites, except in the case of certain vendors who are specifically authorised by a user to access that user's account and information; Transfer access to or rights in your account to a third party, except by operation of law or with SANUSLIFE's express written permission; or Collect information from our computer systems, networks or websites about others, including without limitation email addresses, without proper consent.
• Offensive acts against others: Acts that defame, abuse, extort, harass, stalk, threaten, or otherwise violate the rights of others (such as the right of privacy, the right of publicity, and the right of intellectual property); incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.
• Fraud: Acts intended to defraud us, our users or others; providing false, inaccurate or misleading information to us.
• Intellectual Property Infringement: Transactions involving items that infringe a copyright, trademark, right of publicity or privacy, or other legally protected right, including, but not limited to, the sale, distribution or access to counterfeit music, films, software or other licensed materials without proper authorisation from the rights holder; Use any SANUSLIFE/SANUSPAY intellectual property, names or logos, including the use of SANUSLIFE/SANUSPAY trademarks or service marks, without the express permission of SANUSLIFE or in a manner that is detrimental to SANUSLIFE/SANUSPAY or any SANUSLIFE/SANUSPAY trademark; any action that implies an untrue endorsement of or affiliation with SANUSLIFE.
   

4.4.2 Prohibited Transactions

In addition to the Prohibited Uses, the following categories of transactions, business practices and sales items are prohibited in the Acceptance Services. Most categories of prohibited transactions are imposed by the requirements of our bank providers or regulators. This list is not exhaustive and we reserve the right to amend it at any time. It is at our sole discretion to determine whether an activity falls into a category of Prohibited Business.

• Marijuana/cannabis dispensaries and related products and businesses;
• Weapons, ammunition, gunpowder and other explosives (including fireworks);
• Toxic, flammable and radioactive substances;
• Pseudo-pharmaceuticals;
• Substances intended to imitate illegal drugs;
• Sexually explicit content;
• Sexually related services;
• Pyramid and investment schemes, and other unfair, predatory or fraudulent practices;
• Items used for speculative or hedging purposes (e.g. derivatives);
• Credit and collection services;
• Items that infringe intellectual property rights such as copyrights, trademarks, trade secrets or patents, including counterfeit or unauthorised goods;
• Products and services whose legal status varies from state to state;
• Transactions in which personal data of third parties is disclosed in violation of applicable law; and
• Transactions in connection with cloud mining.
   

4.5 Restricted business

If you engage in any of the following categories of business, business practices and sales items, you may only engage in business that has been expressly authorised by us, and you may be required to agree to additional terms and conditions, make additional representations and warranties, and go through enhanced onboarding procedures that are subject to restrictions. This list is not exhaustive and we reserve the right to amend it at any time. It is at our sole discretion to decide whether an activity falls into one of these categories.

• Religious/spiritual organisations;
• Financial services, such as e-wallets, foreign exchange and currency exchange services, or the sale or trading of cryptocurrencies
• Transactions relating to the purchase of annuity or lottery contracts, lay-away schemes, banking, offshore banking, financial transactions, investments and investment-related products; and
• Transactions related to gambling or other activities that require a participation fee and prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, and sweepstakes, if you and your buyers are located solely in jurisdictions where such activities are permitted by law.
   

4.7 Records

4.7.1 Our obligations

In accordance with applicable laws and regulations, SANUSLIFE is required to maintain records of all documentation and information related to your Account while your Account is active and after your Account has been closed.

4.7.2 Your obligations

Under applicable laws and regulations, you are required to maintain all records necessary to fulfil orders for goods or services and to provide post-sale support to your Buyers. If the sale of an item requires government registration of the sale, you are responsible for such registration and must notify SANUSLIFE.

4.7.3 Request for documents and right to inspect records

SANUSLIFE or its auditors, a relevant regulator or other relevant competent authority may, with reasonable notice or immediately if required by law, a regulator or other relevant authority, request and inspect certain of your business records. If you refuse such a request, we reserve the right to suspend or close your account.

4.8 Suspension and closure of accounts

4.8.1 Your right to close your account

You can close your account at any time. You will remain liable to us for all fees incurred prior to closure and we will remit to you any unpaid amounts relating to sales made prior to closure. If your account balance is below the minimum transfer amount of €10 set by us, you may be liable for any transaction fees incurred on the transfer of funds.

4.8.2 Our right to refuse, suspend or close your account

We reserve the right to refuse to provide our Acceptance Services to you or to suspend or close your Account immediately and without notice if we learn or reasonably suspect, in our sole discretion, that you are using or have used your Account for any unlawful or unauthorised activity that violates any applicable law or regulation, these Terms and/or our other applicable Terms of Use, including but not limited to a violation of Section 4.4, Prohibited Uses and Transactions, or Section 4.5, Restricted Transactions. We reserve the right at all times to monitor, review, preserve and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programme, legal process or governmental request.

We also reserve the right to block the account and automatically deactivate the processing functions if there are no paid transactions for your account for more than twelve consecutive months. You will then receive information about the procedure for reactivating the account.

SANUSLIFE also reserves the right to terminate accounts that receive an excessive number of complaints from Buyers (see Section 12.1, Complaints from Buyers).

4.8.3 Effect of account cancellation

If your account is closed for any reason, you agree to: (a) to continue to be bound by the surviving portions of these Terms, (b) to immediately stop using the Acceptance Services, (c) that the licence granted under these Terms will terminate, (d) to remove from your website, apps and marketing materials and to stop using any SANUSLIFE/SANUSPAY service marks, logos or other trademarks, (e) that we will retain certain information and account data in accordance with applicable laws and regulations; and (f) that we will not be liable to you or any third party for any termination of access to the Acceptance Services, closure of an account or retention of information or account data.

5 Your use of third-party services

When using the SANUSLIFE/SANUSPAY website or the Acceptance Services, you may be offered additional services, products or promotions from third parties separately. If you choose to use any of these third party services, you do so at your own risk and are solely responsible for reviewing, understanding and complying with the terms and conditions associated with them. We expressly disclaim any liability for third party services and are not responsible for the performance of third party services or service providers.

6. security of the wallets

6.1 Security

We have security measures in place to protect information from accidental loss and from unauthorised access, use, alteration or disclosure. Our security measures include risk assessments and controls for the following areas Application and system access, system and application development and maintenance, acceptable use, data classification, incident response, disaster recovery and business continuity, and security training. We cannot guarantee that unauthorised persons will never gain access to your data and you acknowledge that you provide your data at your own risk, unless otherwise required by applicable law. If we have reasonable grounds to suspect or learn of a breach of our security measures that may have affected you, your account or your data, we will notify you within 72 hours of becoming aware of such suspicion or breach. This notification will be sent to the email address specified in your seller profile.

6.2 Security of the digital wallets

Buyers who send payments in cryptocurrencies and merchants who receive settlements in cryptocurrencies require a digital wallet, also known as a digital wallet. A digital wallet is software that allows the user to store encrypted private keys that are used to sign transactions to access cryptocurrencies.

A custodial digital wallet is an account where a third party acts as a financial intermediary or custodian of a user's cryptocurrencies. A custodial wallet provider stores the user's private keys and therefore has control over the user's funds. A non-custodial digital wallet is not an account where a third party acts as a financial intermediary or custodian of a user's cryptocurrencies. A non-custodian provider merely manages the technical platform for storing a user's private keys, but has no control over the private keys and therefore no access to or control over the user's funds.

Buyers and traders can use any cryptocurrency wallet to store their funds, including the SANUSCOIN wallet. SANUSLIFE does not endorse or vouch for the quality or security of third-party wallets. The Contracting Party and owner of the Wallet is solely responsible for the secure storage of passwords and private keys used to access their Wallet and for maintaining security protocols and updates on the devices used to download and use their Wallet. If a buyer or merchant chooses to use the SANUSLIFE wallets, they will be subject to the NAOCOIN Wallet Terms of Use, as in these cases NAOCOIN acts as crypto custodian under the separate contract between the user and NAOCOIN. In these cases, NAOCOIN is your contact and contractual partner.

SANUSLIFE is not responsible for and cannot assist in the recovery of cryptocurrency funds incurred by a merchant or buyer if a wallet has been compromised, e.g. due to loss or unauthorised access to private keys, accidental sharing of a backup, a bug in the user's device or the wallet software, or a malicious attack on the wallet software.

In the event that your account balance is transferred to a wallet that is compromised or inaccessible, or in the event that a buyer's wallet is compromised or inaccessible, it is up to you to decide how to deal with any enquiries or claims. SANUSLIFE cannot become involved in resolving such issues.

7 Invoices

7.1 Guarantee invoicing and competitive exchange rates for your customer

To accept a cryptocurrency payment, you must create a payment request ("Invoice") using the Acceptance Services based on the amount you wish to collect in your billing currency, such as US Dollars or Euros, or in one of the supported cryptocurrencies. The SANUSLIFE user interface for hosted invoices must be displayed to the buyer during checkout.

When SANUSPAY processes payments, we use the exchange rate of SANUSCOIN according to the pricing on one or more external cryptocurrency exchanges. We guarantee the exchange rate for the buyer as long as the buyer pays within the correct time window after invoicing. Information about the time limit is clearly displayed on every SANUSPAY invoice.

While we guarantee the exchange rate for the buyer as long as the buyer pays within this time window, you agree that you assume the volatility risk of your billing currency. For example, if you ask us to collect US$150.00 and the buyer sends the equivalent in cryptocurrency within the time window, we guarantee that you will receive exactly US$150.00 minus our fee, but we do not guarantee the future value of the US dollar (or any other fiat currency) relative to a benchmark. If you choose to receive some or all of your settlement in cryptocurrencies, we also do not guarantee the future value of those cryptocurrencies relative to a benchmark.

7.2 Completion of the invoice

An invoice is considered "complete" by us when it has been paid in full by the buyer, the corresponding transaction has reached the number of block confirmations required by us and the payment has been credited to your account.

A confirmed invoice means that the payment has been made and the required block confirmations have taken place, so that the transaction has passed our risk check but has not yet been credited.

You have the option to inform your buyer that you have accepted the invoice as paid before SANUSPAY considers the invoice to be complete, e.g. in the case of an unconfirmed invoice payment. SANUSLIFE is not liable for the payment of invoices that are not considered fully paid and complete. In other words, if you accept a payment before we have credited it to your account, we are under no obligation to honour the payment if we determine that the payment was fraudulent or otherwise invalid. Your dashboard will display the current status of each payment (i.e. "paid", "confirmed", "completed", "overpaid", "underpaid", "refunded" or "invalid").

7.3 Cryptocurrencies supported by SANUSPAY

SANUSLIFE may add new cryptocurrencies to the Services. Additional cryptocurrencies will be added to the Services on an opt-out basis so that they will be enabled by default unless you instruct SANUSLIFE to disable them. In addition, there may be circumstances that cause SANUSLIFE to remove a particular cryptocurrency as a payment option.

7.4 Exceptions for payments

In certain situations, if an invoice is underpaid or overpaid, this will result in a "payment exception". Buyers will automatically receive an email notification from SANUSLIFE to claim the underpayment or overpayment as described below. SANUSLIFE charges fees for refunding a payment. If a Buyer requests a refund for a payment exception, SANUSLIFE will not deduct any fees and donations.

7.4.1 Underpayments

An underpayment occurs when a QR payment with SANUSPAY is entered for less than the amount required to settle the invoice. A QR payment at a SANUSPAY acceptance point works with a smartphone or via the web browser using QR codes (offline) or using plugins in the logged-in area (online). Underpayments may not fully or partially fulfil an invoice and the underpayment will still be credited to your account. The SANUSPLANET margin and SANUSBUSINESS margin are always calculated on the amount paid. You must notify the buyer of the underpayment and collect the missing amount again via QR payment.

7.4.2 Overpayments

Overpayments occur when you enter a higher amount in a QR payment with SANUSPAY than is required to settle the invoice. In such cases, the invoice passes through the "paid in full" status and is labelled as such. SANUSLIFE cannot reverse the payment. The SANUSPLANET margin and SANUSBUSINESS margin are always calculated on the amount paid. A refund is not possible. You must come to an agreement with the buyer yourself and refund the overpaid amount.

7.4.4 Unsupported payments

Unless expressly stated on our website or in this Agreement, we do not support or process payments outside of the SANUSPAY payment method, collectively known as "Unsupported Payments" ("in App"). Buyers cannot transfer a SANUSPAY invoice within the App from Buyer to you (SANUSPAY Triple Effect only via SANUSPAY). The SANUSPAY Triple Effect is the opportunity to receive crypto cashback on every purchase made with SANUSPAY and at the same time donate to the SANUSPLANET Foundation for charitable purposes. In addition, users can benefit from commissions by upgrading to BASIC if they recommend SANUSPAY including the Marketplace with all goods and services.

7.5 Delayed billing

If we need to conduct an investigation or resolve a pending dispute related to your account, or if we are required to do so by law, court order or at the request of law enforcement authorities, we may delay billing or restrict access to billing funds. In the event of a delay in settlement, we will endeavour to notify you promptly unless prohibited by court order or law enforcement authorities. We shall not be liable to you for any damages or detriment resulting from such delayed billing or restricted access. We undertake not to delay or restrict billing unnecessarily unless we are required by law to delay billing, and if partial delay or restriction is possible, we will only partially delay or restrict it. Once the reasons for the delayed settlement or restricted access to settlement monies have been demonstrably rectified, SANUSLIFE will pay you the full amount of such monies without undue delay.

7.6 Account information

You have access to account information detailing your transaction and billing history via your dashboard or via SANUSPAY's API. If you notice an error, you must notify us within thirty (30) calendar days of the posting of the ledger entry.

8 Refunds

8.1 General procedures

SANUSLIFE does not issue refunds for QR payments. Here you can make arrangements directly with the buyer. The SANUSPLANET margin and SANUSBUSINESS margin will never be refunded.

For sales via the Marketplace, the buyer can request a partial or full refund. The buyer must always apply for a refund directly to the seller. The buyer can use the contact tool in the Marketplace for this purpose. Once all the details have been clarified, the seller can enter the agreed refund amount in their local currency and commission the refund. A portion, namely the SANUSBUSINESS portion, is automatically transferred back to the buyer in a voucher wallet. The Terms and conditions for vouchers in the Marketplace. The refund is based on the value in which the relevant goods and/or services were priced at the time of purchase (price currency). This value is converted into SANUSCOIN at the time of the refund and then refunded in the form of SANUSCOINS. The buyer is free to subsequently convert this amount into other currencies or to hold it in SANUSCOINS. Subsequent exchange rate fluctuations shall be in favour of or at the expense of the buyer. When ordering refunds, the seller can choose how and with which account he wishes to carry out the refund in SANUSCOINS. The transactions are then carried out automatically. Any transaction and exchange fees incurred for refunds are always borne by the seller.

8.2 Disclosure of the seller's refund policy

SANUSLIFE is not responsible for the refund policies of sellers or for verifying that these policies comply with applicable law. We recommend that sellers provide their customers with a clear refund policy (including, if applicable, "no refunds are allowed as all sales are final"). In certain industries, a refund policy may not be applicable (e.g. if a service is provided). For refunds in amounts based on the currency of the fiat price (i.e. the fiat price for the relevant goods/services), SANUSLIFE will convert the value of the currency in which the item was priced into the relevant cryptocurrency using the exchange rate at the time the refund is sent to the Shopper.

9 Complaints

9.1 Complaints from shoppers

If we receive a complaint from a shopper and it relates to you or the goods/services purchased, we will forward it to you for resolution. We reserve the right to close seller accounts that receive an excessive number of complaints.

9.2 Seller complaints

Sellers who wish to make complaints about our acceptance services should contact us: For Seller Chat: https://sanuslife.com

10 Billing

10.1 Billing methods

SANUSLIFE will settle payments from your Buyers to you via the SANUSPAY payment network and credit your SANUSCOIN account book according to the settlement preferences you have set in your dashboard under SANUSPAY Preset. The debits and credits to your account book are funds that the buyer transfers to their SANUSCOIN wallet. You may receive settlement in SANUSCOIN or in one of the supported cryptocurrencies or in a mix of both, and we do not have the right to favour any cryptocurrency over the local currency as your choice in this regard overrides our preferences. Fees may apply for exchange into other currencies. SANUSLIFE cannot be held responsible for any exchange rate fluctuations.

An account ledger will be created for each accounting currency you have selected for billing according to your billing preferences. If you change your billing preferences, these changes will take effect for account book balances after a maximum of 24 hours received after the date of the change.

10.2 Settlements in local currencies

Direct deposits to a specific bank account in fiat currency are possible for buyers in certain countries by linking to third party service providers. If you wish to receive direct deposits, you must successfully link with the third party service providers via the SANUSAPP and keep this information up to date. Deposits to your traditional bank account may be offered by SANUSLIFE through a third party service provider, but may incur fees. Account balances may be accumulated provided that (a) settlement minimums are met and (b) funds are received in your bank account within two (2) business days of the settlement request. We reserve the right to charge you applicable transfer fees, except when settling in Euro to a bank within the SEPA zone.

Settlements will be initiated from a bank account held in the name of Naocoin Srl, an Italian crypto exchange and custody company.

10.3 Settlements in supported cryptocurrencies; disclosure of material risks

If your settlement preference includes settlement in cryptocurrencies, any supported cryptocurrency accepted by SANUSLIFE on your behalf must be settled to a cryptocurrency wallet specified by you. Payments in any of the supported cryptocurrencies will be sent to the SANUSAPP wallet you specify.

You assume the volatility risk of the cryptocurrencies in which settlement takes place. If one of the supported cryptocurrencies is the chosen settlement medium, you assume the volatility risk of the cryptocurrency value.

SANUSLIFE's acceptance services do not include the custody of cryptocurrencies. SANUSPAY settlement is processed in the cryptocurrency SANUSCOIN.

SANUSLIFE does not own or control the underlying software protocols that govern the operation of cryptocurrencies supported on our platform. In general, the underlying protocols are owned by Naocoin Srl.

11 Fees

11.1 SANUSPAY fees

We charge a fee of at least 20% on the SANUSBUSINESS margin. Once a SANUSBUSINESS margin of 50% has been submitted, 10% will be deducted for the SANUSPAY fee. These fees are calculated on the net amount less shipping costs (net settlements). A VAT rate can be stored for each SANUSPAY preset in order to calculate the net amount. In the SANUSPAY preset settings, the VAT rate may not be higher than 26%. SANUSPAY taxes are listed for each invoice in your SANUSPAY dashboard. We reserve the right to change our processing fee at any time. However, we will provide at least thirty (30) days' notice of any such change, and your continued use of the Acceptance Services after the period of advance notice of the fee change constitutes your acceptance of such change. Current pricing information can be found on the Website under the fee overview.

11.2 SANUSBUSINESS Margin

You must enter a SANUSBUSINESS margin of between 1% and 99.5% for each SANUSPAY preset. From Plan Group PRO onwards, you can enter the SANUSBUSINESS margin for each item in the SANUSLIFE Marketplace, for which 5% is required. For settings up to 49.9 % SANUSBUSINESS margin, 20 % SANUSPAY fees are deducted, from 50 % 10 % are deducted as SANUSPAY fees. The remaining % will be invoiced to you by SANUSLIFE as marketing fees and paid out to the global referral network directly by SANUSLIFE using SANUSCOIN. The amounts are listed in the dashboard. The fee is invoiced once a month.

You are completely exempt from liability for correct commission payments and the network marketing laws in the respective countries, for which SANUSLIFE is solely liable.

11.3 SANUSPLANET margin

For each SANUSPLANET preset, you must enter a SANUSPLANET margin charge of 0.5 % to 99 %. The amounts are listed in the dashboard and once a month the amount is invoiced as a donation receipt by the SANUSPLANET Foundation. SANUSPLANET is a foundation based in Chur, Switzerland. Please note that you must check yourself in your country whether or not you can write off this donation receipt or donation certificate.

11.4 SANUSCREDIT cashback

The SANUSCREDIT cashback results from the SANUSBUSINESS margin described in section 14.2. SANUSLIFE alone is responsible for the distribution. No additional expenses or fees are incurred by the seller for the SANUSCREDIT cashback.

12. buyer fees

Costs
There are no fees for the buyer for payment with SANUSPAY. Exchange fees may only be incurred for the exchange from fiat to cryptocurrency before payment.

Refund fees
The buyer does not pay any fees for a SANUSPAYcancellation. The amount agreed between buyer and seller will be refunded via the Marketplace or SANUSPAYDashboard. The refund is always made in the form of SANUSCOIN. The share of the SANUSBUSINESS margin is credited to the buyer's voucher wallet as a voucher. Further details on the voucher concept can be found in the "Terms and conditions for vouchers in the Marketplace" are regulated.

13. indemnification

You agree to indemnify and hold SANUSLIFE, its affiliates and related companies, and all of its officers, directors, employees and agents harmless from and against any and all claims, costs, losses, liabilities, damages, expenses and judgements of any kind (including, without limitation, costs, expenses and reasonable attorneys' fees) arising out of, relating to, or in connection with the Voucher Wallet, arising out of or in connection with any claim, complaint, suit, audit, investigation, enquiry or other proceeding brought by any person or entity relating to any actual or alleged breach of your representations, warranties or obligations under these Terms.

14. no warranties

EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, WE PROVIDE THE ACCEPTANCE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF THE ACCEPTANCE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE ACCEPTANCE SERVICES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE ACCEPTANCE SERVICES (AND OUR WEBSITE) WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; WILL BE UNINTERRUPTED OR SECURE; ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED BY THIRD PARTIES THROUGH THE ACCEPTANCE SERVICES OR THROUGH OUR WEBSITE, AND WE ARE NOT A PARTY TO OR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. limitation of liability

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS, THEFT, DISAPPEARANCE OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE, INABILITY TO USE OR UNAVAILABILITY OF THE ACCEPTANCE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGES MIGHT HAVE OCCURRED. FOR CUSTOMERS WHO ENTER INTO A CONTRACT WITH SANUSLIFE B.V., THIS LIMITATION OF LIABILITY EXCLUDES LOSS OF PROFIT AND OTHER INDIRECT DAMAGES, BUT DOES NOT EXCLUDE SANUSLIFE B.V.'S LIABILITY FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORISED ACCESS TO OR USE OF THE ACCEPTANCE SERVICES, YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL OUR LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES OR THESE TERMS EXCEED THE FEES WE HAVE EARNED IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

16. miscellaneous

16.1 Taxes

You are solely responsible for determining all taxes that are assessed, incurred or required to be levied, paid or withheld for any reason in connection with the use of the Acceptance Services. You are also solely responsible for collecting, withholding, reporting and remitting the correct taxes to the appropriate tax authorities. We are not obligated to, nor will we, determine whether taxes are due, nor calculate, collect, report or remit to the tax authorities any taxes arising from a transaction.

16.2 Assignment

You may not transfer or assign these Terms or any rights granted by these Terms. You agree and acknowledge that we may assign or transfer these Terms.

16.3 Severability

If any provision of the Terms is found to be invalid or unenforceable pursuant to any law, regulation or court order, this will not affect the validity or enforceability of any other provision of the Terms.

16.4 Waivers

The failure of either party to assert any right or provision in the Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16.5 Entire Agreement

The Terms, including any other SANUSLIFE terms referred to herein, constitute the entire agreement between you and us. Headings are for convenience only and are not to be considered in interpreting the Terms.

16.6 Notices

Any notice or other communication received by a party in connection with the Terms must be in writing in the German language. Notices may be sent by a recognised airKurier and/or by email. The parties agree that any terms, conditions, agreements, notices, disclosures or other communications that we provide to each other electronically shall be deemed to be "in writing". The provisions of this clause do not apply to the service of process or other documents in any legal proceedings. SANUSLIFE may send notices to you at the email address and physical address you provided when you created your account. You can update these addresses via your dashboard. Notices to SANUSLIFE may be sent to SANUSLIFE ADMINISTRATION AG, 6430 Baar (ZUG), Switzerland, [email protected] .

16.7 Governing law; arbitration; class action waiver

16.7.1 Governing law

To the extent of your relationship with SANUSLIFE, these Terms shall be governed by the laws of Switzerland, without regard to its conflict of law provisions.

16.8 Updates to the Terms

We may change these Terms from time to time, and when we do, we will notify you by changing the date at the top of the Terms. We will notify you by email or similar means if any material changes are made to these Terms. Unless otherwise specified, the amended Terms will take effect immediately and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

16.9 Force majeure

Neither party shall be liable for delays in processing or other non-performance caused by events such as fires, telecommunications, utility or power failures, equipment failures, labour disputes, riots, war, failure of our vendors or suppliers to perform, acts of God, pandemics or other causes beyond the respective party's reasonable control; provided that the party has procedures in place that are reasonably capable of avoiding the effects of such events.

16.10 Confidentiality

A party's "Confidential Information" shall mean any information of the disclosing party that: (a) if disclosed in tangible form, is labelled "confidential" or "proprietary" or, if not so labelled, should reasonably be understood by the receiving party to be confidential from the context of the disclosure or from the information itself; (b) if disclosed orally or visually, is declared to be confidential or, if not so declared, should reasonably be understood by the receiving party to be confidential from the context of the disclosure or from the information itself; or (c) is designated as Confidential Information in these Terms. Confidential Information includes, without limitation, information accessed through the SANUSLIFE API, technical specifications and processes of each party and all Merchant Data. Each party shall keep the other party's Confidential Information confidential and shall not disclose it to any third party or use the other party's Confidential Information for any purpose other than solely to fulfil its obligations under these Terms. These restrictions do not apply to Confidential Information that: (a) is known to the recipient prior to the time of disclosure by the disclosing party; (b) becomes publicly known through no act or fault of the recipient; (c) is received by the recipient from a third party without restriction on disclosure or use; or (d) is developed by the recipient independently and without reference to or knowledge of the Confidential Information.

Notwithstanding the foregoing, a party may disclose Confidential Information to an Affiliate if the other party requests services from such Affiliate, and such Affiliate shall be bound by this Section. In the event that any Confidential Information is required to be disclosed by a court, governmental agency, regulatory requirement or similar duty of disclosure, the party subject to such duty shall promptly notify the disclosing party upon learning of the existence or likely existence of such duty and shall use reasonable efforts to avoid such disclosure and, if necessary, use reasonable efforts to obtain confidential treatment or a protective order for any Confidential Information disclosed. The parties' respective obligations to maintain the confidentiality of information disclosed under this Agreement shall survive the expiration or termination of this Agreement or until such time as such information becomes publicly known through no fault of the receiving party.

16.12 No Joint Venture or Agency

This Agreement is not intended to create, and shall not be deemed to create, a joint venture between the Parties and, except for the limited representation set forth in Section 1, neither Party shall act as the agent of the other Party.

Last updated: 13 November 2023

These General Terms and Conditions of Business and Use (hereinafter: "GTC" or "Contract") govern the contractual relationship between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), ([email protected]), VATnumber & company identification number: CHE-245.046.413, Commercial Register Office of the Canton of Zug, hereinafter referred to as "SANUSLIFE Marketplace", "SANUSLIFE Marketplace Team", "SANUSLIFE", "we", "our" or "us" and you as a "COMPANY" or "NON-PROFIT" registered and verified user of an account with an article management system on the SANUSLIFE Marketplace, namely PRO, ULTRA, PRO+, hereinafter referred to as "Seller", "you", "your" or "you".

Your contractual relationship with SANUSLIFE is a contract pursuant to the Swiss Federal Act on the Supplementation of the Swiss Civil Code (Fifth Part: Code of Obligations) of 30 March 1911 (SR 220)

The German text of this contract is authoritative. Swiss law shall apply. Translations in other languages are for reference only.

General information

SANUSLIFE Marketplace is a marketplace with a full-featured item management programme where you can sell your products and/or services directly to buyers all over the world. We want to ensure that you and your buyers have a positive user experience in our Marketplace. Please read on to find out about your rights and responsibilities as a seller.

You can use the item management system to create your items and sell them via Stripe or SANUSPAY.

If you accept SANUSPAY as a payment method, your customers will receive SANUSCREDITS for their purchase from you, they will donate to the SANUSPLANET Foundation and they will pay a commission to the direct and indirect referrers in their network. If you sell via Stripe and your customers pay with the payment options offered by Stripe, such as credit card, they donate to the SANUSPLANET Foundation and pay a commission to the direct and indirect referrers in their network, but do not receive SANUSCREDITS. If Stripe is not available in your country, you can only sell via SANUSPAY. All further details can be found in the "AGB SANUSPAY (B2B)".

If your customers pay via SANUSPAY, they will not incur any additional costs, as these are already covered by your margin.

This policy is part of "Cooperation Agreement & Terms of Use (B2B)". By accepting the "PRO", "ULTRA" or "PRO+" account and opening a "SANUSLIFE Marketplace Shop" on the SANUSLIFE Marketplace, you expressly agree to these GTC.

1. basic information about the sale

A. What you may sell

You may sell both goods and services on the SANUSLIFE Marketplace. The sale of handmade products, vintage items or creative supplies ("materials & tools") is also permitted. You can also sell used items as long as you label them as such. For everything you sell, you recognise and expressly agree

a. that you have the necessary legal requirements, such as a trade licence or similar, to sell goods and services;

b. that you can only sell items at a fixed price;

c. that photos you publish with your item clearly correspond to the item on offer. Otherwise, it must be clear from your description that the photos shown are only examples.

B. What you may NOT sell

• Marijuana/cannabis dispensaries and related products and businesses;
• Weapons, ammunition, gunpowder and other explosives (including fireworks);
• Toxic, flammable and radioactive substances;
• Pseudo-pharmaceuticals;
• Substances intended to imitate illegal drugs;
• Sexually explicit content;
• Sexually related services;
• Pyramid and investment schemes, and other unfair, predatory or fraudulent practices;
• Items used for speculative or hedging purposes (e.g. derivatives);
• Credit and collection services and other financial services;
• Items that infringe intellectual property rights such as copyrights, trademarks, trade secrets or patents, including counterfeit or unauthorised goods;
• Products and services whose legal status varies from state to state;
• Transactions in which personal data of third parties is disclosed in violation of applicable law; and
• Transactions in connection with cloud mining.
   

Please note that members, or in some cases third parties, may report items that appear to violate our policies for review by the SANUSLIFE Marketplace team. You also acknowledge and agree that the SANUSLIFE Marketplace team may remove items that violate our policies.

You acknowledge and expressly agree that all account fees are non-refundable, that SANUSLIFE may suspend or close your account at any time for violations or for any other reason, but that you must still pay all outstanding fees on your SANUSLIFE statement.

C. Management of your SANUSLIFE Marketplace Shop

Your SANUSLIFE Marketplace Shop represents you and your business to the SANUSLIFE community. It is important that your items and your shop are represented honestly and accurately.

By selling on the SANUSLIFE Marketplace, you acknowledge and expressly agree to the following obligations:

1. Provide honest, accurate information on SANUSLIFE and in your shop profile;
2. to comply with your terms and conditions;
3. ensure that the content of your shop, such as any text, photos or videos used to represent you, your shop or your items, complies with SANUSLIFE's guidelines;
4. represent your items truthfully on item pages and in item photos;
5. respect the intellectual property of others; if you believe that someone has infringed your intellectual property rights, you can report this to the SANUSLIFE Marketplace team.
6. not to engage in fee evasion;
7. not to create duplicate shops or perform other actions (such as manipulating shopping carts or sales) to manipulate searches or circumvent SANUSLIFE policies;
8. not to enter into price fixing agreements with other sellers.
    

D. Standards for sellers

By offering a product for sale on the SANUSLIFE Marketplace, you understand and agree that you are responsible for complying with all applicable laws and regulations that apply to the items you offer for sale, including all required labelling and warnings.

As a seller, you must provide superior customer service and establish and maintain trust with your buyers. These requirements are referred to as our "Service Standards for Sellers". The SANUSLIFE Marketplace team may contact you if you do not meet the Seller Service Standards.

The Seller Service Standards require you to provide excellent customer service to users on the SANUSLIFE Marketplace at all times. As a business owner, building good relationships with your customers is crucial to your success. Making the effort to build a bond with your customers can have a powerful effect on your positive reviews, repeat purchases and visibility on the SANUSLIFE Marketplace.

Customer service starts the moment a buyer views your item for the first time. Your product alone is not enough to persuade customers to buy. Buyers also want to be informed about the most important product details (size, colour, material, etc.), how long delivery times are and whether they can return or exchange products. Informative and clear item pages and terms and conditions build trust with potential buyers.

Communication between buyers and sellers is one of the most important factors for a successful transaction. Buyers may message you with questions about a product before they make a purchase, questions about shipping times or issues with their order after they have placed an order, or questions or concerns about their product after they have received their order.

A lost package, delayed manufacturing, or a customer who is not satisfied with the product they purchased - sometimes things go wrong. Acknowledging that there is a problem and taking practical steps to resolve it can often defuse a frustrating situation and win loyal customers. We realise that despite your best efforts, some orders will not go as expected. Please note that you must always resolve issues related to the customer's order directly with the customer.

Customer service does not end with the completion of a transaction. Many customers become repeat buyers. Keeping in touch with them can therefore be very helpful in strengthening customer loyalty. Before contacting customers, make sure that you have obtained their consent to send them messages and that you comply with all applicable local advertising laws.

We recommend that you use the tools provided by SANUSLIFE to support the success and growth of your shop. These features are designed to save you time and make running your shop easier.

We monitor shops for patterns that can lead to negative experiences for shoppers, such as a potentially unmanageable spike in order volume, delayed shipping or lack of communication. We also consider the possibility of exceptional situations that could have an impact on your shop. If we conclude that your customer service leads - or could lead - to negative experiences for buyers, we reserve the right to restrict, temporarily suspend or close your account. Restrictions may include SANUSLIFE removing your items from search or other site features, pausing your shop, delaying payouts to your payment account, and/or suspending your selling and buying privileges.

Selling on SANUSLIFE Marketplace obligates you to do the following:

1. Comply with your shipping and processing times. As a seller, you are required to ship an item or complete a transaction with a buyer promptly, except in exceptional circumstances. Please note that the legal requirements for dispatch times vary from country to country. In addition, selling via the SANUSLIFE Marketplace also obliges you to do the following:
   1. Provide a correct return address.
   2. Transparently state the costs incurred by the seller, including shipping costs and processing times, on your item pages.
   3. To dispatch items immediately after the sale. Immediate dispatch means that you must dispatch items within 30 days of the purchase date at the latest, unless you have specified a different processing time or made a different agreement with the buyer via your messaging system. Before updating your processing time for a particular order, you must first obtain the buyer's consent.
   4. Comply with all national and international shipping and customs regulations.
   5. Ship the order to the address listed as the buyer's address on the SANUSLIFE Marketplace.
   6. Mark the order as dispatched when you have dispatched it. When you mark an order as dispatched, the buyer will receive a notification.
   7. Charge a correct and reasonable amount for shipping.
   8. If you are shipping your items under EU law, to comply with the EU Warranty and Returns Directive which states that a retailer must repair, replace, reduce the price of or refund the purchase price of goods purchased by its customers if they are found to be defective or do not look or work as advertised. If a product or service has been purchased online or outside your shop (in this case online via the SANUSLIFE Marketplace), the customer has the right to withdraw from the purchase and cancel their order within 14 days without giving any reason.
2. To respond promptly to messages.
3. To fulfil the obligations you enter into in your shop terms and conditions.
4. Resolve disagreements or problems with orders promptly with the buyer.
5. If you are unable to fulfil an order, you must inform the buyer and cancel the order.
    

2 Correct behaviour, communication and data protection

At SANUSLIFE, everyone is expected to treat each other with respect, including sellers.

A. Creating and uploading content

As a seller in the SANUSLIFE Marketplace, you have the opportunity to create and upload a variety of content, such as item pages, messages, text, photos and videos. To ensure a safe and respectful environment for our users, you agree not to upload content that:

1. Contains hateful or derogatory text or images, or content that falls under our Anti-Discrimination and Hate Speech Policy;
2. contains threats, harassment or attempts at blackmail or violates our rules on interference;
3. constitutes an infringement of another person's intellectual property rights;
4. is false, deceptive or misleading;
5. contain unsolicited advertising or promotions, solicitations (other than for SANUSPLANET) or spam;
6. contain private information, whether your own or that of another person;
7. solicit or facilitate a transaction that circumvents the payment process provided by SANUSLIFE;
8. contain prohibited claims about the therapeutic efficacy of products;
9. violates any of the rules in our Prohibited Items Policy.
    

B. Data protection and the protection of personal data

You are responsible for protecting the personal data of SANUSLIFE users that you receive or process and for complying with all applicable laws in this regard. This includes applicable data protection and privacy laws that govern how you may use information from SANUSLIFE users. These laws may require you to publish and comply with your own privacy policy. This policy must be accessible to SANUSLIFE users with whom you interact. Your privacy policy must be consistent with these Terms of Service, SANUSLIFE's Terms of Use and SANUSLIFE's Privacy Policy are.

As soon as you sell items via the SANUSLIFE Marketplace, you will receive personal data (e.g. to communicate with users or process transactions with buyers) and you must ensure that you process this data in accordance with the law. This means that you process personal data (e.g. names, e-mail addresses and shipping addresses of buyers) and are therefore an independent data controller under Swiss or EU legislation for the data of other users that you have received via our services. Under no circumstances may personal data be passed on or sold to third parties for commercial purposes.

To the extent that you process personal data of users outside of our Services, you may be required as a data controller (i.e. as a person who decides what personal data is collected and for what purpose you will use the data) under applicable data protection and privacy laws to comply with such users' requests for data access, data portability, data rectification and data erasure, and objections to processing. If you disclose personal data without the proper consent of the buyer, you are responsible for such unauthorised disclosure. This includes, for example, disclosures that were made by you or that occurred as a result of an unintentional breach of data protection. For example, you may receive a buyer's email address or other information as part of a transaction with them. This information may only be used for SANUSLIFE-related communications or for transactions facilitated by SANUSLIFE. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer's consent, and subject to other applicable laws and SANUSLIFE policies, you may not add a SANUSLIFE user to your email or postal mailing list, use that buyer's information for marketing purposes, or obtain or store any payment information. Please note that you are responsible for knowing the standards for consent that are required in each case. If SANUSLIFE and you are found to be joint controllers of a buyer's personal data and SANUSLIFE is sued, fined or otherwise required to pay costs as a result of actions taken by you in your capacity as a joint controller of a buyer's personal data, you agree to pay such costs, indemnify, defend and hold SANUSLIFE (and its employees, agents, consultants, subsidiaries, partners, affiliates and licensors) harmless from and against any and all claims, costs, losses, damages, liabilities, judgements and expenses (including reasonable attorneys' fees) in connection with your processing of Buyer Personal Data.

For more information, please see our Privacy Policy.

C. Communication Standards

i. Messages

Your profile on the SANUSLIFE Marketplace provides you with a messaging system to communicate directly with buyers or other SANUSLIFE users. Messages are best used when buyers want to ask you questions about an item or an order.

The messaging function may not be used for the following activities:

1. Sending unsolicited advertising, appeals for donations (except for the SANUSPLANET Foundation) or sending spam messages;
2. Harassing or abusing other SANUSLIFE users or violating our anti-discrimination policy;
3. Contacting people who have specifically asked you not to do so;
4. Interfering in the transaction or affairs of other sellers;
5. Sharing personal contact, financial or other information for the purpose of circumventing the ordering process on the SANUSLIFE Marketplace, including phone number, address, email, social media handles, external URLs, money transfer instructions, etc.
    

Interference

Interference occurs when a seller intentionally interferes with another seller's shop in order to disrupt or prevent possible transactions of the shop. Interference is strictly prohibited on the SANUSLIFE Marketplace. Examples of interference:

1. Contacting another seller via the messaging system to warn them about a particular seller, shop or item;
2. Posting in public areas to raise or discuss a dispute with another seller;
3. Purchasing from a seller for the sole purpose of leaving a negative review;
4. Creating or using an unrelated buyer account to maliciously boost another shop's negative reviews to make those reviews more prominent;
    

Harassment and discrimination

Harassment of other sellers via the messaging system is strictly prohibited. Similarly, messages may not be used to promote, support or glorify hate or otherwise be anti-discriminatory. If you receive a message that is anti-discriminatory, please inform us immediately.

ii. Timeline and groups

Timeline and groups are public areas provided by SANUSLIFE via the internal social media community where sellers can network and exchange information. Certain communication standards apply and must be followed. Further information can be found in the community guideline.

iii. Communication of cancellations

If you are unable to complete a transaction, you must notify the buyer via the messaging system and cancel the transaction. If the buyer has already made the payment, the seller must arrange a full refund. We recommend that you keep a record of refunds in case of a dispute. All cancellations are subject to your Cancellation Policy.

Right of cancellation in the European Union

Buyers from the European Union (EU) and, in parallel, buyers in the UK may have a 14-day 'right of cancellation' from receipt of an item. Within this period they can return an item for any reason or for no reason. The details of this right vary between EU Member States and the UK. The right of cancellation may not apply to certain products such as custom-made or perishable goods. Rights in relation to digital items are regulated differently in each EU Member State and in the UK. For more information about the EU and UK right of withdrawal, please contact your business advisor.

Please note that in addition to this policy, each country has its own laws regarding shipping, cancellations, returns and exchanges. Please check the laws in your country and in the countries of your buyers.

For policies assigned to their shops, such as the Digital Items Policy, sellers may still cancel an order at their discretion and work with the buyer to find a solution.

3 Feedback and administration

A. Reviews

You can build a good reputation on the SANUSLIFE Marketplace through reviews. Buyers can leave a review within 100 days from the later date of the stated delivery date for the item. They can award between one and five stars. If no delivery date is specified, the period in which a rating can be submitted begins as soon as the processing time and dispatch time of an order have elapsed. Buyers can edit their review as many times as they like within this 100-day period.

In the rare cases where you receive a negative review, you can contact the buyer or leave a reply.

In addition to our rules for creating and uploading content in section 2A, reviews and your responses to reviews must also

1. not contain cruel or obscene text or images, or content that is subject to our guidelines;
2. not refer to anything outside the seller's control, such as a shipping company, SANUSLIFE or third parties;
3. do not contain competitive manipulation or other attempts to falsely inflate a shop's star rating; or
4. do not damage the integrity of the rating system.
    

B. Marketplace Administration System

Through the Marketplace Administration System, buyers or sellers can notify the SANUSLIFE Marketplace team of problems or conflicts that they have been unable to resolve with the seller or customer in question so that the team can assist them in finding a solution. If a buyer contacts you to inform you of a problem with an order, you have 48 hours (business days) to resolve the issue. If the issue is not resolved within this period, the buyer can contact the SANUSLIFE Marketplace team. Once a case has been opened, the SANUSLIFE Marketplace team will help resolve the case between the buyer and seller. This may include temporarily suspending the buyer's or seller's account until the case is resolved.

SANUSLIFE reserves the right to intervene in a problem with an order before the 48-hour window in certain circumstances, such as seller inactivity or harassment.

C. Your seller account and SANUSLIFE's terms of use

In order to maintain security on the SANUSLIFE Marketplace and improve our services, we may take measures that limit the visibility of your shop, your items or your adverts or that affect your payment account. If there is unusual order activity in a shop or we otherwise believe that your actions or your shop may result in conflicts with buyers, chargebacks, increased risk of fraud, counterfeiting or other claims, SANUSLIFE may take action, such as limiting the visibility of your account, placing restrictions or holds on your payment account or suspending your seller account, in accordance with our Terms of Service, including these TOS and the TOS for Payments. If appropriate and permitted by law, SANUSLIFE will provide information about the problem to the affected seller.

If a shop experiences an unusual increase in orders, particularly in a high-demand category, the shop's search ranking may improve or deteriorate. If a shop sees an increase in fulfilled orders and good reviews, this can often lead to higher visibility and better rankings. However, sometimes a rapid increase in orders can reduce visibility. You can find out more about how search works, what factors influence rankings and how you can help optimise your items and shop in the "Sellers" section in the Marketplace footer.

In addition, we may limit the visibility of items or adverts in the interests of SANUSLIFE security and improving our services. For example, items or adverts may be less visible because they contain terms that constitute a prohibited item, the item descriptions are incomplete or poorly presented, or due to third-party policies. These articles or adverts may also be excluded from appearing in one or more features of the Services. Even if these articles or adverts are only visible to a limited extent, they can still be found via the search function.

If SANUSLIFE has reason to believe that you, your Content, or your use of the Services violates our Terms of Use, including this Seller Policy, we may disable your Content for some or all users or suspend or terminate your account (and any accounts SANUSLIFE deems to be associated with your account) and your access to the Services. Under normal circumstances, SANUSLIFE will notify you that your Content or account has been suspended or terminated unless you have repeatedly violated our Terms of Service or we have legal or regulatory reasons that prevent us from notifying you.

We are happy to provide this policy in your preferred language, but please note that as mentioned at the beginning, only the German version of this document is legally binding. You can change your language selection in your account settings.

Last updated: 15 November 2023

Contact us

If you have any questions or suggestions regarding our General Terms and Conditions, please do not hesitate to contact us at [email protected] to contact us.

Preamble /Ethical rules

On behalf of our company, we warmly welcome you as a new commercial contractual partner (future member) and wish you the best possible success in your work as an independent member of SANUSLIFE ADMINISTRATON AG, Lindenstrasse 8, CH-6340 Baar (ZG) (hereinafter: SANUSLIFE). When promoting the SANUSLIFE marketplace and vouchers, as well as the products of the COMPANY partners (companies that accept SANUSPAY as a payment method) (hereinafter collectively referred to as "products") and contact with other people, we always focus on consumer friendliness and safety, seriousness, fair cooperation in the entire network marketing environment and compliance with the law. It is therefore important that you have thoroughly read and understood the following ethical rules, as well as our General Terms and Conditions of Contract, and that you make these guidelines your daily guiding principle for the performance of your work.

Your contractual relationship with SANUSLIFE is a contract in accordance with the Swiss Federal Act supplementing the Swiss Civil Code (Part Five: Code of Obligations) of 30 March 1911 (SR 220)

Ethical rules for dealing with consumers

• Our members advise consumers honestly and sincerely and clarify any misunderstandings about products, the business opportunity or other statements during a consultation.
• In personal and telephone contact with the consumer, the members introduce themselves truthfully and without being asked at the beginning of the sales conversation, stating their first name and surname and as a member of SANUSLIFE. In addition, at the beginning of the sales conversation, they disclose the business purpose of their visit or call and make it clear which products or services are to be offered.
• At the customer's request, they will refrain from a sales talk, postpone the conversation or break off an ongoing conversation in a friendly manner.
• Members never behave in an intrusive manner. In particular, visits and telephone contacts must take place at appropriate times, unless the consumer has expressly requested otherwise. The companies or their members shall only call a consumer for advertising purposes with the consumer's express prior consent. The caller's telephone number must be provided.
• During a customer contact, the Member shall inform the consumer of all points concerning the products offered and - at the consumer's request - the sales opportunity.
• All information about the products must be comprehensive and truthful. A member is prohibited from making misleading statements or even promises in any form about the products.
• A Member may not make any claims about products, their prices or contractual conditions unless these have been authorised by SANUSLIFE.
• Members will only refer to letters of recommendation, test results or other persons for business purposes to the consumer if they are authorised by both the reference provider and SANUSLIFE; these must be accurate and not outdated. Letters of recommendation, tests and personal references must also always be related to the intended purpose.
• The consumer will not be induced to purchase products by dubious and/or misleading promises, nor by promises of special benefits if these benefits are linked to future, uncertain success. Members shall refrain from doing anything that could induce the consumer to accept the offer made solely in order to do the provider a personal favour, to end an unwanted conversation or to enjoy a benefit that is not the subject of the offer, or to show appreciation for the granting of such a benefit.
• A member may not make any statements with regard to their remuneration or the potential remuneration of other members. Furthermore, a member may not guarantee, promise or otherwise raise expectations of remuneration.
• Members shall show consideration for commercially inexperienced persons and shall under no circumstances take advantage of their age, illness or limited ability to understand in order to induce them to conclude a contract.
• In contacts with so-called socially disadvantaged or foreign-language population groups, members shall show due consideration for their financial capacity and their ability to understand and understand the language and, in particular, shall refrain from doing anything that could induce members of such groups to place orders that do not correspond to their circumstances.
   

Ethical rules for dealing with members

• Members shall always treat each other fairly and respectfully. The above also applies to dealings with members of other competitors or other network marketing companies, party sales companies or other direct sales companies.
• New members are informed truthfully about their rights and obligations. Information on possible sales and earnings opportunities must be omitted.
• No verbal assurances may be made regarding the products and services of SANUSLIFE or the COMPANIES.
• Members are not permitted to poach members from other companies. Furthermore, Members are not permitted to persuade other Members to change sponsors within SANUSLIFE.
• The obligations of the following General Terms and Conditions of Contract must also be observed at all times as ethical rules.
   

Ethical rules for dealing with other companies

• SANUSLIFE members shall always behave fairly and honestly towards other competitors or other companies in the network marketing, party sales or other direct sales sector.
• Systematic solicitation of members from other companies is prohibited.
• Disparaging, misleading or unfair comparative statements about products or distribution systems of other companies are prohibited.

With these ethical rules of our company in mind, we would now like to familiarise you with SANUSLIFE's General Terms and Conditions of Contract.

§ 1 Scope of application / Definitions

1. The following General Terms and Conditions of Contract are an integral part of every member contract between SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), hereinafter referred to as "SANUSLIFE", accessible via e-mail at [email protected] and the independent and autonomous sales partner, hereinafter referred to as "Member". It is intended to form the basis of a collaborative, fair and successful business relationship.
2. SANUSLIFE provides its services exclusively on the basis of these Terms and Conditions.
    

§ 2 Subject matter of the contract

1. SANUSLIFE is a company that sells SANUSLIFE products via a social selling concept and indirectly through the recommendation of advertising space and the SANUSLIFE Marketplace products of COMPANY partners. Advertising space for the marketplace is also sold to companies. The products are sold via an in-house online brokerage platform (SANUSLIFE platform), which also includes the Marketplace (https://sanuslife.market). The Member is primarily intended to promote the SANUSLIFE platform, i.e. indirectly also the products and services of the companies that have joined the SANUSLIFE platform. The brokerage of products forms the basis of a Member's business. For this activity, it is necessary for the Member to qualify as a BASIC by paying at least the monthly service fee (see § 6). In addition, the Member does not have to incur any financial expenditure in order to receive a sales commission (SELLER bonus) on directly acquired customers. The member does not have to purchase a minimum number of products or other services from SANUSLIFE or recruit other members. All that is required is free registration and successful completion of the fee-based KYC (Know Your Customer) for private individuals or KYB (Know Your Business) for companies. The member receives a corresponding commission for his activity.
2. There is also the option, but not the obligation, to refer other members. For this activity, the recruiting member receives a corresponding commission on the product sales of the recruited member or their customers if the required qualification is achieved. However, no commission is expressly paid for the mere recruitment of a new member. The commission, as well as the method of payment in the form of SANUSCOINS (SAC), is based on the remuneration plan in force at the time.
3. Upon successful registration, SANUSLIFE provides the Member with training and personalised advertising tools as well as an online back office and landing page including a right of use within the meaning of § 6 (1), which, among other things, enables the Member to have an up-to-date and comprehensive overview of his/her brokered sales, commission claims and settlements, as well as Member and downline developments, and the Member has the option of purchasing a PREMIUM Member package without being obliged to do so.
    

§ 3 General requirements for the conclusion of a contract

1. It is possible to conclude a contract with corporations, partnerships or natural persons who have reached the age of 18 and have full legal capacity and - insofar as this is required in the respective country of residence - entrepreneurs who are in possession of a trade licence (e.g. trade licence). Only one member application is accepted per natural person (private individual) and per partnership (e.g. simple partnership) and/or corporation (e.g. AG, GmbH) (company). It is possible, subject to SANUSLIFE's prior approval at its discretion, for a natural person to also register as a partner in one or more partnerships or corporations. The same applies to registrations of additional NON-PROFIT companies. The structural categorisation in terms of sequence, downline, upline or crossline is irrelevant here. The members/contract partners must go through the identification process ("KYC process") and for companies ("KYB process"). Successful verification is decisive.
2. If a partnership or corporation undergoes a KYB process, the corresponding documents for proof of its activity as well as the company identification number (UID) or the VAT identification number and, if not available, the tax number must be uploaded during the KYB process.
3. All shareholders and, if applicable, the partners of the shareholders, if a shareholder is a partnership, must be named, be at least 18 years old and complete a successful KYC. All partners are personally liable to SANUSLIFE for the behaviour of the partnership.
   Only applies to members residing in Italy:
   1. In Italy, Italian law does not allow a corporation and partnership within the meaning of paragraph (2) to register as a Member (Incaricato), so that in Italy only natural persons can register with SANUSLIFE as Members (Incaricato alla vendita = IVD) and receive commissions; i.e. partnerships can register and become Members - but the Member ID number of a private individual (UBO, Shareholder, Director) must then be specified in the Member Backoffice, who receives the commissions for this company. The specified private individual who is registered as a member (IVD) is obliged to handle the KYC process and must fulfil the "requirements for respectability" in accordance with Section 71 of Legislative Decree No. 59/2010 [Decreto Legislativo n. 59/2010], whereby the aforementioned obligation must be fulfilled throughout the term of the contract, i.e. also at the time of contract renewal, in accordance with Section 16 (1).
4. If a spouse or registered partner of a Member wishes to become a Member of SANUSLIFE, the spouse or partner must work in the same sales line under the other spouse or partner.
   Co-ownership of the sales partner account by a Member (IVD) is not permitted, i.e. co-ownership of a Member account by a third party is not permitted. Spouses (including registered civil partnerships) may not be registered together as members (IVD).
5. If order or contract forms are used, these are deemed to be part of the contract.
6. Registration as a Member first requires that a recommending Member enables the interested party to enter the SANUSLIFE referral marketing concept and to register on the SANUSLIFE platform via the subpage (also called landing page) of this recommending Member (also called Sponsor). The Member must register online as a so-called FREE User and then activate the so-called ENTRY User account in order to exercise his/her activity as a Member of SANUSLIFE. For the subsequent up-qualification as a BASIC or PREMIUM Member (contractual partner) (see § 6), the Member is obliged to complete the Member application online in full and correctly and then to submit the application to SANUSLIFE in the specified manner. In addition, by ticking the appropriate box, the Member accepts these General Terms and Conditions and the Data Protection Provisions as having taken note of them and hereby expressly accepts them as part of the contract.
7. SANUSLIFE reserves the right to reject Member applications at its own discretion without giving any reasons.
8. After registering as a FREE user, the registered member will be sent the login data (ID number with password and his/her personalised website) to the e-mail address he/she provided when registering, with which the member must log in to the login area on sanuslife.com. The member's first name, surname and contact details are permanently published on the personalised websites. The member can change the selection of personal data published on the personalised web pages at any time by deactivating the corresponding checkboxes, insofar as this is legally permissible.
9. A contract is only concluded between SANUSLIFE and the Member, but not between the COMPANY Partner and the Member.
10. In the event of a breach of the obligations set out in paragraphs (1) to (4) and paragraph (6) sentences 1 and 2, SANUSLIFE is entitled to terminate the Member Contract without notice and without prior warning. In addition, SANUSLIFE expressly reserves the right to assert further claims for damages in the event of termination without notice.
     

§ 4 Status of the Member as "Incaricato alla vendita diretta" (IVD) for Italian citizens

1. The Member acts as an independent and autonomous entrepreneur. The parties agree that the Member is initially working on a part-time basis. The Member is neither an employee nor a commercial agent, franchisee or broker, joint venture participant or beneficial owner of SANUSLIFE. There are no sales targets, purchase or other activity obligations. With the exception of contractual obligations, the Member is not subject to any instructions from SANUSLIFE and bears the full entrepreneurial risk of its business activities, including the obligation to bear all its business costs. The Member shall set up and operate its business - as far as necessary - in the sense of a prudent businessman, including - as far as necessary - the operation of its own offices or a workplace managed in the sense of a prudent businessman.
2. As a self-employed entrepreneur, the Member is responsible for complying with the relevant statutory provisions, including tax and social security requirements (e.g. obtaining a VAT identification number or registering his employees with the social security authorities, as well as obtaining a business licence, if required). In this respect, the Member assures that all commission income generated in the course of its activities for SANUSLIFE will be duly taxed at its registered office. SANUSLIFE reserves the right to deduct the respective amount for taxes and duties from the agreed commission or to claim damages or reimbursement of expenses incurred as a result of a breach of the aforementioned requirements, unless the Member is not responsible for the damage or expense. SANUSLIFE will not pay any social security contributions for the Member, unless required by law in the countries concerned.
    

§ 5 Voluntary contractual cancellation policy

The Member registers with SANUSLIFE as an entrepreneur and not as a consumer (see above § 3 No. 1), so that he/she is not entitled to a statutory right of cancellation. Nevertheless, SANUSLIFE grants the Member the following voluntary 14-day contractual right of cancellation.

Voluntary right of cancellation:

The Member may revoke his/her contractual declaration within 14 days without giving reasons in text form (by letter or e-mail) to the address or e-mail address specified in § 1. The cancellation period begins with the acceptance of the General Terms and Conditions for Recommenders (Members). Timely dispatch (date of postmark/e-mail) of the cancellation is sufficient to comply with the cancellation period. When paying the monthly member fee, there is a right of cancellation of 14 days after payment of the fee (fixed price for 6 months) or activation of the monthly subscription fee (initial payment). After the 14-day cancellation period has expired, a downgrade can only be activated for the next following month or, if the 6-month fee has been paid, after the 6 months have expired.

The KYC/KYB fee is excluded from the right of cancellation.

Consequences of cancellation:

A member may re-register with SANUSLIFE through another sponsor after the cancellation of his/her old position. The prerequisite is that the cancellation of the Member's old position was made at least six (6) months ago and the cancelling Member has not performed any activities for SANUSLIFE during this time.

§ 6 Use of the back office dashboard and the landing page / service fee

1. By upgrading to BASIC or PREMIUM, the Member acquires the right to use the Member back office and subpage/landing page made available to him/her. The costs apply to the member in accordance with the here prices listed here.
2. The right to use the member back office and landing pages made available to him is a simple, non-transferable right of use relating to the specific member back office; the member has no right to change, edit or otherwise modify the member back office, nor does he have the right to grant sub-licences.
3. SANUSLIFE charges a monthly non-commissioned service fee, called BASIC or PREMIUM fee, to be paid in advance for the use, as well as for the maintenance, administration, support and care of the Member Back Office and the landing page.
4. The monthly service fee must be paid in the member back office or in SANUSAPP 3.0 using the methods shown there. The corresponding due dates can be found in the login area.
    

§ 7 Obligations of the Member

1. The Member is obliged to protect his personal passwords and login IDs from access by third parties and must make entries and/or changes to his contractual data truthfully and completely in the Member back office.
2. The Member is prohibited from violating competition law, infringing the rights of SANUSLIFE, its Members, affiliated companies or other third parties, harassing third parties or otherwise violating these General Terms and Conditions, the SANUSLIFE Code of Conduct or other contractual or applicable law. In particular, the prohibition of unauthorised telephone advertising and the sending of unsolicited and unconsented advertising e-mails, advertising faxes or advertising text messages (spam), as well as social media spam or other unauthorised forms of messaging also applies.
3. Special advertising guidelines
   1. At no point and on no advertising material may the Member provide information about his/her income or earning potential at SANUSLIFE. Rather, there is always an obligation to expressly point out to potential members in the context of introductory discussions that the realisation of an income is only possible through very intensive and continuous work.
   2. Sales and marketing activities may not simulate commissions that are to be understood as a "bounty" or other commission in connection with the mere recruitment of a new member, or otherwise take actions that create the appearance that the advertised sales system is an illegal sales system, namely an illegal progressive snowball system or pyramid scheme, or otherwise a fraudulent and prohibited sales system in accordance with Art. 3 Para. 3 lit. r of the Federal Act on Unfair Competition. The purchase of products is in no case necessary to become a member.
   3. Sales and marketing activities may not be directed at minors or persons with no business experience and may under no circumstances take advantage of their age, illness or limited ability to understand in order to induce consumers to conclude a contract. In the case of contacts with socially disadvantaged or foreign-language population groups, the Members shall take due account of their financial capacity and their ability to understand and understand the language and, in particular, shall refrain from doing anything that could induce members of such groups to place orders that are not appropriate to their circumstances.
   4. No sales and marketing activities may be undertaken that are inappropriate, illegal or unsafe or that exert inadmissible pressure on the selected consumers.
   5. Members will only refer to letters of recommendation, test results, references or other persons for business purposes to the consumer if they are officially authorised by both the reference provider and SANUSLIFE and if they are accurate and not outdated. Letters of recommendation, tests and personal references must also always be related to the intended purpose.
   6. The consumer will not be induced to purchase products by dubious and/or misleading promises, nor by promises of special benefits, if these benefits are linked to future, uncertain success. Members shall refrain from doing anything that could induce the consumer to accept the offer made solely in order to do the provider a personal favour, to end an unwanted conversation or to enjoy a benefit that is not the subject of the offer, or to show gratitude for the granting of such a benefit.
   7. A Member may not represent that the compensation plan or products are authorised, approved or endorsed by any governmental authority or deemed legally sound by any law firm.
   8. Due to strict regulations regarding advertising for the products, only the advertising material offered on the SANUSLIFE website or in the back office shall be used. No statements regarding the safety of the products may be made in the course of activities and advertising unless they are officially authorised by SANUSLIFE and/or are included in SANUSLIFE's official advertising material.
4. The use, production and distribution of own websites, sales documents, sales concepts, price lists, product samples, own product brochures, video content, audio content, the creation of own internet presences including professional social media business presences or other sales or advertising material, as well as the modification of the landing page made available to the Member, is expressly prohibited. It is also always prohibited to operate a website, an internet portal, a social media presence or any other online application with several Members. In the event that the Member posts the products on other Internet media, such as social networks (e.g. Facebook or Instagram), online blogs or chat rooms (e.g. WhatsApp, Telegram or Snapchat), he may only ever use the official SANUSLIFE advertising statements, must identify himself easily recognisable with his full name (anonymous postings or postings made under a pseudonym are prohibited) and may not make any statements at any point about his income or earning potential at SANUSLIFE or advertise an activity at SANUSLIFE as an employee or similar, just as he may only carry out social media advertising within the framework of his own private social media channels on an incidental and additional basis and may not create any professional social media business appearances.
5. The Products may be presented and sold via the SANUSLIFE platform by the Member in one-on-one or multiple-eye conversations, at home parties, online home parties, online networking events and/or in online conferences, revocably within the scope of applicable law. The products may not be offered at other points of sale, in particular in shops (e.g. supermarkets, retail outlets) or Internet trading platforms such as eBay, Amazon, on television sales shows, via telemarketing, teletext marketing or comparable sales channels (depending on the COMPANY Partner = company that is a SANUSPAY acceptance point).
6. The Member is always prohibited from selling or otherwise distributing its own marketing and/or sales materials, training or lead generation tools or other services in connection with the SANUSLIFE business to other SANUSLIFE Members.
7. The products may only be presented by the Member at trade fairs and specialised exhibitions with the written consent of SANUSLIFE.
8. The Member may not give the impression in business dealings that it is acting on behalf of or in the name of SANUSLIFE. Rather, he is obliged to present himself as an "independent SANUSLIFE Member". Internet homepages, stationery, business cards, self-created car lettering as well as advertisements, advertising material and the like must always bear the addition "SANUSLIFE INTERNATIONAL INDEPENDENT DISTRIBUTOR" together with the corresponding logo in accordance with the Code of Conduct and may not contain the SANUSLIFE trademark and/or the trademarks, work titles, business names and other marks of SANUSLIFE without prior express written consent. Furthermore, the Member is prohibited from applying for and taking out loans, making expenditures, entering into obligations, opening bank accounts, concluding other contracts or otherwise making binding declarations of intent in the name of SANUSLIFE or in the interest of or on behalf of the company. The Member is neither granted a power of attorney for debt collection nor a power of attorney to represent SANUSLIFE vis-à-vis third parties.
9. In the course of business, the Member is not authorised to name COMPANIES brands (companies with a SANUSPAY acceptance point) in a negative, derogatory or otherwise unlawful manner or to evaluate other companies or other third parties in a negative or derogatory manner or to use negative, derogatory or otherwise unlawful actions to entice away Members from other companies.
10. All presentation, advertising, training and film materials, product labels etc. (including photographs) of SANUSLIFE are protected by copyright. They may not be reproduced, distributed, made publicly accessible or edited in whole or in part by the Member beyond the contractually granted right of use without the prior express written consent of SANUSLIFE.
11. The use of the SANUSLIFE trademark and/or the trademarks, work titles, product names and business designations and other marks of SANUSLIFE or one of the COMPANY partners is also not permitted beyond the contractually granted right of use. This also applies to the registration and use of Internet domains, including subdomains. SANUSLIFE may demand that Internet domains using the name SANUSLIFE and/or the trademarks, work titles, product names and business designations and other marks of SANUSLIFE or one of the COMPANY partners be deleted and/or transferred to SANUSLIFE. SANUSLIFE shall bear the pure takeover costs of the Provider - but not other costs or a licence or other compensation for the domain - in the event of takeover. Furthermore, the registration of own trademarks, work titles or other industrial property rights that contain a trademark, product name, work title or business name of SANUSLIFE or one of the COMPANY partners that may be registered or otherwise protected in another country/territory is prohibited. The aforementioned prohibition applies to both identical and similar signs or products. It is also prohibited to use trademarks, brands, work titles, product names or other property rights of SANUSLIFE or one of the COMPANY partners in so-called search engine advertising (e.g. GoolgeAdWords), sponsored links advertising, Internet advertising space marketing or comparable online advertising activities. Finally, the exchange/modification of product descriptions of the products of SANUSLIFE or one of the COMPANY partners is also prohibited.
12. A Member may re-register with SANUSLIFE after the ordinary cancellation of his/her old position. This is subject to the condition that the cancellation and the confirmation of the cancellation by SANUSLIFE for the Member's old position took place at least six (6) months ago and that the cancelling Member has not performed any activities for SANUSLIFE during this time.
13. The Member is not permitted to respond to press enquiries about SANUSLIFE, the COMPANY Partner Products, the SANUSLIFE Compensation Plan or other SANUSLIFE services. The Member is obliged to forward all press enquiries to SANUSLIFE without delay.
14. The Member undertakes - as far as possible - to ensure that the customer and member data obtained through sales services are used exclusively within the scope of his activities for SANUSLIFE and, in particular, are not forwarded and/or used to other third parties or for third-party services. The Member must look after the customers and members it serves with due care.
15. The Member may only advertise and distribute services for SANUSLIFE or acquire new Members in such states/territories that have been officially opened by SANUSLIFE, just as the Member may only advertise and distribute those products in a state/territory that are officially activated for sale in the SANUSLIFE Marketplace and its COMPANY Partners. Furthermore, it is not permitted to act as a SANUSLIFE branch, importer or exporter or similar in a state/territory or to establish corresponding business enterprises.
16. Members may not give gifts or other benefits to SANUSLIFE employees.
17. SANUSLIFE allows the Member to purchase the products for personal use or for the use of family members. Under no circumstances may the Member, himself or his family members, induce other Members to purchase products in larger quantities for their own consumption that unreasonably exceed the personal use within a household. By placing a new order for Products, the Member warrants that at least 70% of the previous order of these Products has been consumed for business purposes and that no more than 30% of the last order is in stock. The Member must retain the relevant receipts for a period of at least four years, irrespective of any retention obligations under tax law, in order to be able to prove compliance with the aforementioned 70% rule. Furthermore, the Member may not purchase more products himself or through third parties than he can reasonably be expected to consume within one month.
18. The Member shall notify SANUSLIFE of the place, time and content of promotional events aimed at the general public in good time before the invitation is published. SANUSLIFE may request changes or even the cancellation of the event if this is necessary in the interest of the company and the SANUSLIFE sales organisation and its members.
19. The use of chargeable telephone numbers to market SANUSLIFE's activities or products is not permitted.
20. The Member is obliged to inform SANUSLIFE immediately and truthfully of any violations of the rules of the General Terms and Conditions of Contract and any other violations of applicable law.
21. Only in Italy and France are Members prohibited from reselling services and/or products directly to the customer.
     

§ 8 Non-competition / solicitation

1. The Member is permitted to sell products and/or services for other companies, including marketing companies, party sales companies or other direct sales companies, even if they are competitors.
2. Notwithstanding the authorisation formulated in paragraph 1, the Member is not permitted to distribute products and/or services of other non-registered companies, as well as advertising materials and comparable content for the operation of the SANUSLIFE business to other SANUSLIFE Members.
3. If the Member simultaneously works for several companies, including network marketing companies/MLM companies, party sales companies or other direct sales companies, he undertakes to organise the respective activity (together with his respective downline) in such a way that there is no connection or mixing with his activity for the other company. In particular, the Member may not offer products other than SANUSLIFE or COMPANY products at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page, other social media platform or Internet platform.
4. Furthermore, the Member is prohibited from soliciting other SANUSLIFE Members or COMPANIES for the sale of other products.
5. The Member is also prohibited from violating other Members or other distribution agreements that he has concluded with other companies and whose clauses are still in effect by concluding a Member Agreement.
    

§ 9 Confidentiality

The Member must maintain absolute confidentiality regarding SANUSLIFE's business and trade secrets and its structure. SANUSLIFE's business and trade secrets and property rights include, in particular, information on inventions, sales methods, technical parameters of products, downline activities and placements, as well as the downline genealogy and the information contained therein, member, customer and contractual partner data, price and commission calculations, information on business relationships between SANUSLIFE and its affiliated companies and other providers and suppliers. This obligation shall continue for a period of five (5) years after termination of the Member Agreement.

§ 10 Member protection / No territorial protection

1. Any active Member who recruits a new Member for the first time to distribute the Products shall be assigned the new Member to its structure in accordance with the Compensation Plan (Member Protection), whereby the date and time of receipt of the new Member's registration application by SANUSLIFE shall apply to the assignment. The assignment of the Member (also applies to customers) to a sponsor other than the original sponsor is only permitted within 72 hours of registration with SANUSLIFE and does not require the consent of the original sponsor. Once the 72-hour period has expired, it is no longer possible to change the assignment. Only in particularly justified cases, via e-mail to [email protected] and with the written consent of SANUSLIFE, the original sponsor and the other five (5) members (upline members) that are superior to the original sponsor in the structure of the compensation plan, it is possible to assign the member (also applies to their customers) to a sponsor other than the original sponsor in strictly limited exceptional cases. The application must contain the data of the new Sponsor (ID number, first and last name) and a substantiated explanation of the special reason for the change, whereby SANUSLIFE expressly reserves the right to request further information or evidence for the special justification of the reason for the change or to reject the application at its discretion. If SANUSLIFE considers the change request to be particularly justified, SANUSLIFE will send the Member's change request to the original Sponsor and the other 5 upline Members, together with a 14-day deadline for rejection of the change request to the same. If no rejection is received from the addressees within this period, the change request will be granted; otherwise the change request will be definitively rejected. A non-refundable processing fee of € 50.00 is due for processing the request, which must be paid in advance, even if the request is not granted.
2. SANUSLIFE is entitled to delete all personal data, including the e-mail address, of a sponsored member from its system if advertising mailings, letters or e-mails are returned with the notes "moved", "deceased", "not accepted", "unknown" or similar and the newly recruited member or the sponsor does not correct the incorrect data of the newly recruited member within a reasonable period of 14 days.
3. Furthermore, crossline sponsoring and attempts to do so within the company are prohibited. Crossline sponsoring means the acquisition of a natural person, partnership or corporation who is already a member of SANUSLIFE in another sales line or who has had a member contract within the last 6 months. In this respect, it is also prohibited to use the name of a spouse, relative, trade name or other third party to circumvent this provision.
4. Bonus manipulation is prohibited. This includes in particular the sponsoring of members who do not actually carry out the SANUSLIFE business (so-called straw men), as well as open or disguised multiple registrations, insofar as this is prohibited. In this respect, it is also prohibited to use the name of a spouse, relative, trade name or the name of any other third party to circumvent this provision. It is also prohibited to induce third parties to sell or purchase products in order to achieve a better position in the remuneration plan, to manipulate the group bonus or otherwise manipulate the bonus.
5. The member is not entitled to territorial protection.
    

§ 11 Warning, contractual penalty, damages, indemnification

1. In the event of a first breach of the Member's obligations set out in § 7, SANUSLIFE will issue a written warning, setting a deadline of ten (10) days to remedy the breach of duty. The Member undertakes to reimburse the costs of the warning, in particular the legal fees incurred for the warning.
2. Express reference is made to § 16 paragraph (3), according to which SANUSLIFE is entitled to extraordinary termination without prior warning in the event of a breach of the obligations regulated in §§ 8, 9 and 10 (3) and (4) as well as in the event of a particularly serious breach of the obligations regulated in § 7, other applicable contractual or statutory law, but is also entitled to take the measures pursuant to § 11 (1) at its own discretion in the event of a first-time breach of duty. Notwithstanding the immediate extraordinary right of termination provided for in § 16 (3), SANUSLIFE shall be entitled, in individual cases, to issue a warning within the meaning of paragraph (1), even with a shortened period of notice, at its own discretion before issuing the extraordinary termination if one of the aforementioned breaches of duty occurs.
3. If the same or a substantially similar breach occurs again after the expiry of the period for remedy set by the warning, or if the originally warned breach is not remedied, a contractual penalty shall become due immediately at SANUSLIFE's discretion and, in the event of a dispute, shall be reviewed by the competent court. For the assertion of the contractual penalty, additional legal fees will be incurred, which the Member is obliged to reimburse.
4. Notwithstanding the forfeited contractual penalty, the Member shall also be liable for all damages incurred by SANUSLIFE as a result of a breach of duty by the Member, unless the Member is not responsible for the breach of duty.
5. The Member shall indemnify SANUSLIFE against any claims asserted by a third party due to a breach of one of the contractual obligations or any other breach of applicable law by the Member at SANUSLIFE's first request. In particular, the Member undertakes to bear all costs, in particular legal fees, court costs and damages, incurred by SANUSLIFE in this connection.
    

§ 12 Adjustment of prices and commissions

1. SANUSLIFE reserves the right to change the prices to be paid by the Member, the commission shares allocated to the services, the remuneration plan or usage fees at the beginning of a new billing period if unforeseeable and/or uninfluenceable changes, in particular legal changes, changes in the market situation and/or the licence structure, have occurred and the relationship between performance and consideration has been significantly disturbed as a result. SANUSLIFE shall notify the Member of the change within a reasonable period of time prior to the change.
2. Furthermore, SANUSLIFE reserves the right to adjust the prices and usage fees to be paid by the Members due to changed market conditions and/or increased costs by applying Section 28 (1) of this Member Agreement. Specifically, the cost factors relevant for pricing are as follows: Increase in production costs, delivery costs, import costs (customs charges), currency fluctuations.
3. SANUSLIFE also reserves the right to adjust the commission shares allocated to the services and the remuneration plan due to changes in the cost factors in accordance with Section 28 (1) of this Member Contract to the extent reasonable for the Member.
    

§ 13 Advertising material, benefits

All free advertising material and other benefits from SANUSLIFE may be cancelled at any time with effect for the future.

§ 14 Remuneration, commissions and invoicing

1. As remuneration for a successful referral and its activities, the Member shall receive commissions and other remuneration resulting from the SANUSLIFE remuneration plan, including the respective qualification requirements, if the required qualifications are achieved. The Member can view the applicable remuneration plan in his SANUSLIFE Dashboard (https://sanuslife.com/deu/register/dashboard ). From the introduction of SANUSPAY, remuneration will be paid exclusively in SANUSCOINS; the payment in SANUSCOIN will be based on an average exchange rate. The definitive exchange rate in SAC is the average value of the SAC paid on the previous day for the daily commission, the average value of the SAC paid in the respective week for the weekly commission, the average value of the SAC paid in the previous month for the monthly commission and the average value of the SAC paid in the previous year for the annual commission. Any exchange rate fluctuations between the local currency on the commission receipt and the final commission paid out in SAC shall be borne by/favour the member. Payment of the commission covers all the member's costs for maintaining and carrying out his business, unless they have been agreed separately by contract.
2. Successful brokerage within the meaning of (1) of this contract shall only be deemed to have taken place if the contractual relationship between the customer and SANUSLIFE has been effectively concluded and the customer has not revoked his application to conclude a contract, in particular in accordance with the provisions on distance selling or doorstep selling. Furthermore, a claim for remuneration shall only arise when the SANUSBUSINESS margin has been credited to SANUSLIFE's account by the customer and all other conditions for payment have been met.

3. In particular, a commission claim does not arise if

   1. the customer exercises his right of cancellation and no voucher is issued;
   2. the contract is legally contested by the customer;
   3. the customer order has come about unlawfully;
   4. SANUSLIFE refuses to accept the contract;
   5. incorrect or incomplete customer orders are submitted.

   In addition, in cases of fraudulent brokerage, either through fraudulent or abusive measures by the customer, the Member or its agents, no commission claim arises. Commissions already paid out must be transferred back immediately.

4. Commissions can only be paid out if the Member has successfully completed the KYC or KYB check and has answered all the necessary questions in the commission back office. SANUSLIFE also reserves the right to request further information from the Member as proof of identity and to upload it to the SANUSLIFE back office before the first payment of commissions.
5. With the introduction of SANUSPAY, SANUSLIFE offers daily, weekly, monthly and annual commissions, which are paid out as follows: Daily commissions are calculated daily and paid out to the member's SANUSCOIN wallet in the SANUSAPP on the following day; weekly commissions are calculated weekly and paid out the following week. Monthly commissions are calculated monthly and paid out in the following month. Annual commissions are calculated annually and paid out in the following year. If one of the payment dates specified in this paragraph falls on a Saturday/Sunday or public holiday, payment may be postponed to the next working day following the payment date. Commissions can only be paid out to accounts in the name of the member. Payments cannot be made to third-party accounts. In the event that the remuneration is paid out in SANUSCOIN, the commissions can only be transferred to the eWallet linked by the Member, provided that the transfer of the Cryptocoins to the Member's own eWallet managed by the Member or managed by an external coin transfer service provider fulfils the commission claim and at the same time transfers the risk of loss or fluctuations in value (also known as currency fluctuations) of the transferred Cryptocoins due to the volatility of Cryptocoins to the Member. If SANUSLIFE carries out the transfer of the commission in fiat money and incurs bank charges in excess of those bank charges incurred for domestic transfers, SANUSLIFE is entitled to pass on these bank charges to the Member in the amount exceeding the usual bank charges; the same applies to SANUSCOIN or other cryptocoin transactions; the transaction fees may also be passed on here.
6. The contracting parties agree that no claims for a commission higher than that on which this contract is based exist or can be asserted. The commission shall cover all claims of the Member, in particular all travel costs, expenses, office costs, telephone costs or other expenses for advertising materials, as well as all other costs incurred in connection with the fulfilment of the contract. The payment of the remuneration pursuant to (1) shall also cover all services of the Member, in particular also for the creation and maintenance of the Member portfolio, the customer base as well as the resulting future market potential and exist in the sense of an advance payment for this, so that in the event of termination of the contract, by whichever party for whatever reason, no compensation and/or claims for compensation for whatever legal reason are to be paid by SANUSLIFE. Express reference is made to § 16 (5).
7. SANUSLIFE is entitled to assert a right of retention within the scope of the statutory provisions. In addition, SANUSLIFE is entitled to assert a right of retention due to the payment of commissions if not all contractually or legally required documents are available prior to the first payment. In the event that SANUSLIFE exercises its right to withhold commission payments, it is agreed that the Member shall not be entitled to interest for the period of commission retention.
8. SANUSLIFE is entitled to set off claims to which SANUSLIFE is entitled against the Member against the Member's commission claims in whole or in part. SANUSLIFE is entitled to withhold commission payments if the Member has not provided the required information, such as the tax identification number or eWallet data; or if the Member violates these contractual provisions or other applicable law and has received a warning until the violation has been remedied and a declaration to cease and desist has been issued, which may be subject to criminal prosecution. The period of retention of the remuneration claims does not entitle the Member to extraordinary cancellation and does not give rise to a claim for interest or any other claim for damages. In the event of extraordinary termination of this Agreement by SANUSLIFE, SANUSLIFE expressly reserves the right to set off any claims for remuneration to which the Member is entitled against its own claims for damages in whole or in part.
9. SANUSLIFE reserves the right to reclaim any remuneration already paid to the Member in the event of subsequent cancellations, terminations, rescissions or other reversals of the underlying purchase transaction.
10. Assignments and pledges of claims of the member arising from member contracts are excluded, insofar as this does not conflict with mandatory law. The contract may not be encumbered with the rights of third parties unless this is contrary to mandatory law.
11. The Member shall check the invoices issued as soon as possible and notify SANUSLIFE of any objections without delay. All commission claims are based on the applicable remuneration plan, calculated on a SANUSCOIN basis, which the Member can call up in his back office and which can be viewed in the back office. Incorrect commissions, other remuneration or other payments must be reported to SANUSLIFE in writing within 60 days of the incorrect payment by e-mail to [email protected] in writing. After this time, the commissions, other remunerations or other payments shall be deemed approved.
12. Commissions will be paid monthly upon express request of the Member, taking into account SANUSLIFE's payment modalities and payment methods. SANUSLIFE reserves the right to transfer commissions only from a total amount of 25€, furthermore SANUSLIFE has the right to change this amount. In the event that the minimum payout amount is not reached, the commission claims will be paid out to the Member after the minimum payout amount has been reached, depending on the type of commission, in accordance with paragraph (6), but after six (6) months at the latest.
13. If the Member has not designated or activated an eWallet for SANUSLIFE for the payment of his/her commission, he/she must enable the payment by designating the eWallet within six (6) months of the payment claim arising at the latest, otherwise the payment claim shall become time-barred in accordance with Section 26. A successful, existing KYC/KYB is required for the activation of an eWallet.
14. SANUSLIFE reserves the right not to pay commissions or other remuneration to the Member for certain corresponding services such as subscription fees.
     

§ 15 Blocking of the Member

1. In the event that the Member does not provide the requested evidence within 30 days of becoming aware of the requirements for the payment of remuneration or commission advances or other payments, SANUSLIFE is entitled to temporarily block the Member in the SANUSLIFE system until the required documents are provided. The period of blocking does not entitle the Member to extraordinary cancellation and does not give rise to any interest claim or other claim for damages.
2. SANUSLIFE is entitled to reimbursement of the costs required for this reminder for each case of reminder of documents not provided within the meaning of (1) after the block has been issued.
3. Remuneration or commission advances or other payments that cannot be paid out for the reasons stated above shall be recognised by SANUSLIFE as non-interest-bearing provisions and shall expire at the latest within the statutory limitation periods.
4. Irrespective of the reasons for blocking mentioned in paragraph (1), SANUSLIFE reserves the right to block the payment for good cause. In particular, SANUSLIFE reserves the right to block the Member's access to the back office and other SANUSLIFE systems, together with the Member's commission authorisation, without notice if the Member breaches the contractual obligations or other applicable law. The block will remain in place until the breach of duty has been remedied following a corresponding warning from SANUSLIFE. In the event of a serious or repeated breach of duty that leads to extraordinary termination of the contractual relationship, the block will remain in place permanently. For the duration of the blocking, the Member will be listed as a FREE User or ENTRY without authorisation to receive commission. Commission claims already accrued will be continued and managed in the business account held for the Member at SANUSLIFE without the Member being entitled to interest.
    

§ 16 Term of contract, termination of contract

1. As BASIC, the Member pays the monthly subscription fee; as PREMIUM, a one-off licence purchase is required and a monthly subscription is also activated. The contract is valid for six (6) months in each case. The contract shall be extended by a further six (6) months if the ABO payment is made on an ongoing basis as a service fee within the meaning of § 6. The Member may also cancel his Member Contract at any time within the 6-month contract period by downgrading to ENTRY via SANUSAPP 3.0.
2. If the Member fails to pay the monthly service fee as defined in § 6, the contract will be suspended, with the result that the Member becomes inactive, loses his/her commission entitlements (including all discounts, SC rewards, bonuses and commission developments) for the period of inactivity and is downgraded to FREE User or ENTRY with SANUSLIFE. The Member now has the option of paying the monthly service fee as defined in Section 6 again and, in this case, will be entitled to commission again for the future by restoring the contractual relationship while retaining their position in the SANUSLIFE sales structure. After a period of three (3) months of inactivity as a BASIC or PREMIUM Member due to the suspension of the subscription, SANUSLIFE has the right to delete the Member from the distribution system due to the termination of the contract [term 6 months - see paragraph (1)], whereby the Member loses his position in the SANUSLIFE distribution structure including downline.
3. Notwithstanding the reason for termination in (1), both parties have the right to terminate the Member Contract extraordinarily for good cause. An important reason for termination by SANUSLIFE is also a breach of one of the obligations regulated in § 7 if the Member does not fulfil his obligation to remedy the breach within the meaning of § 11 paragraph (1) in due time or if the same or a comparable breach occurs again at a later date after the breach of duty has been remedied. In the event of a breach of the obligations regulated in §§ 8, 9 and 10 (3) and (4), as well as in the event of a particularly serious breach of the obligations regulated in § 7 or other applicable contractual or statutory law, SANUSLIFE is entitled to extraordinary termination without prior warning. Furthermore, an extraordinary reason for termination exists for each party if the other party ceases business operations or is wound up, insolvency proceedings have been opened against the other party or the opening has been rejected for lack of assets, or the other party is otherwise insolvent or has made an affidavit of insolvency in the course of enforcement proceedings. The right to extraordinary termination is without prejudice to further claims.
4. SANUSLIFE also has the right to terminate the Member's contract for cause if the Member has not taken the necessary actions within the meaning of § 14 (4) even after a single request from SANUSLIFE with a deadline for action.
5. After the termination of a contract by ordinary cancellation, a new contract may be concluded after a period of at least six (6) months, without this giving rise to a right to establish the distribution structure existing prior to the cancellation, as the Member is to be treated as a completely new Member who has registered for the first time. In the event of termination of the contract by transfer of the structure in accordance with § 18 (3), registration under the previous structure/organisation is no longer possible.
6. Upon termination of the contract, the Member shall no longer be entitled to commission. This does not apply to contracts that have already been successfully brokered at this time. The entitlement to these commissions remains unaffected. Furthermore, upon termination of the contract, the member shall not be entitled to any commercial agent compensation or any other compensation or indemnity claim, as the member is not a commercial agent in accordance with § 4 (1) or is otherwise entitled to compensation after the end of the contract.
7. Cancellations will only be accepted in writing, whereby ordinary cancellation can also be sent by e-mail to [email protected] or via the logged-in area at www.sanuslife.com > Dashboard > My data [by clicking the red button "Please delete my data. I no longer wish to be registered as a user/member with SANUSLIFE"].
8. If a Member simultaneously claims other services from SANUSLIFE that are independent of the Member Contract, these services shall remain in force unaffected by the termination of the Member Contract, unless the Member expressly requests their termination with the cancellation. If the Member continues to purchase services from SANUSLIFE after the termination of the contract, he/she will be treated as a normal customer.
9. In the event of premature termination of a contract with a minimum term, there is no entitlement to a refund of the service fee unless the Member has effectively terminated the contract extraordinarily for good cause.
    

§ 17 Data protection obligations of the Member

The Member is prohibited from passing on to third parties, storing or otherwise utilising the personal or customer-specific data of the end customer of which he becomes aware beyond the contractual rights and/or specifications. Any breach of this obligation shall render the Member liable for damages and, if necessary, liable to prosecution in accordance with the applicable criminal standards and data protection laws.

§ 18 Transfer of business operations / transfer of the sponsored structure to third parties / death of the Member

1. SANUSLIFE may transfer its business operations in whole or in part or individual assets to third parties at any time, provided that the transferee complies with applicable law.
2. The Member Contract ends at the latest upon the death of the Member. The Member Contract may be inherited in compliance with the legal requirements. A new Member Contract must be concluded with the heir(s) within six (6) months of the death, whereby he/she/they shall assume the rights and obligations of the deceased. If the Member leaves several heirs, this option may only be exercised by one of the heirs, who may act either as a partial heir or in the interests of the community of heirs. SANUSLIFE is not obliged to review the existing estate circumstances when exercising the option right. If the heir or one of the heirs is already registered as a Member with SANUSLIFE, the heir must relinquish his or her existing position in the SANUSLIFE distribution structure or, if the requirements of Section 18 (4) are met, transfer one of the two future distribution structures to a third party, as only one position per natural person may be allocated in the marketing plan. The death must be documented by a death certificate. If there is a will regarding the inheritance of the member contract, a notarised copy of the will must be submitted. If the six-month period expires unused, all rights and obligations arising from the contract are transferred to SANUSLIFE. In exceptional cases, the six-month period shall be extended by a reasonable length of time if it is disproportionately short for the heir(s) in the individual case.
3. If the Member is active within the meaning of the Compensation Plan, he is entitled to transfer his sales structure for at least twelve (12) consecutive months after reaching the position of Director, subject to the prior written consent of SANUSLIFE and the purchase and/or transfer agreement with the third party, as well as the submission of the Member Application of the third party to SANUSLIFE, unless SANUSLIFE has exercised its right of first refusal. The transfer of the distribution structure is only possible to persons who are not Members of SANUSLIFE at the time of the transfer, who have not been Members of SANUSLIFE in the past twelve (12) months and who have not been terminated as Members by SANUSLIFE for cause. Members of SANUSLIFE, on the other hand, are not permitted to transfer or purchase a sales structure. SANUSLIFE's approval, even if it does not exercise its right of first refusal, is otherwise at its own entrepreneurial discretion. The Member is obliged to notify SANUSLIFE in writing of the intended transfer of its sales structure. SANUSLIFE has one (1) month after receipt of the written notification to exercise its right of first refusal. If SANUSLIFE fails to do so, the transfer shall be authorised after SANUSLIFE has given its consent. A sale is only possible in an uncancelled relationship. In the event of termination without notice or a breach of these General Terms and Conditions, the Member's right to sell its own sales organisation shall lapse, as well as in the event that the selling Member still owes money to SANUSLIFE, is insolvent or otherwise unable to pay or an attachment has been levied on its assets.
4. In the event that a Member wishes to carry out its activities in the future under a different name, as a married couple, as a registered civil partnership or for other reasons, this is only possible upon application, whereby SANUSLIFE is entitled to reject the application at its own discretion.
    

§ 19 Separation/dissolution

In the event that a Member registered as a married couple/registered partnership terminates internally, only one Member position shall remain even after the separation, dissolution or other termination. The separating spouses/Members must reach an internal agreement as to which spouse/Member is to continue the contractual partnership and notify SANUSLIFE of this by means of a written notification signed by both parties and notarised or by submitting a corresponding court order. In the event of an internal dispute regarding the consequences of separation, divorce, dissolution or other termination in relation to the contractual partnership with SANUSLIFE, SANUSLIFE reserves the right of extraordinary termination if such a dispute leads to a neglect of the Member's duties, a breach of these General Terms and Conditions, a breach of applicable law or an unreasonable burden on the down- or upline.
 

§ 20 Consent to the use of photographic and audiovisual material, use of recordings of materials and presentations

1. The Member grants SANUSLIFE, free of charge, the right to record or use photographic and/or audiovisual material with his/her likeness, voice recordings or statements and quotations from him/her in the context of his/her function as a Member. In this respect, the Member expressly consents to the publication, use, reproduction and modification of his/her quotations, recordings or recordings by submitting the Member Application and acknowledging these General Terms and Conditions for Contractual Partners.
2. The Member is not permitted to make audio, video or other recordings of SANUSLIFE-sponsored events, conference calls, speeches or meetings for the purpose of sales, personal or business use. Furthermore, a Member may not record, make or compile audio or video presentations or recordings of SANUSLIFE events, speeches, conference calls or meetings without SANUSLIFE's prior written consent.
    

§ 21 Data protection provisions

The data protection provisions of SANUSLIFE apply, which the Member can view here and which he/she also confirms as having taken note of and accepted as part of the contract by sending his/her member application.

§ 22 Exclusion of liability

1. SANUSLIFE shall only be liable for damages other than those resulting from injury to life, body and health insofar as these are based on intentional or grossly negligent behaviour or on culpable breach of a material contractual obligation (e.g. payment of commission) by SANUSLIFE, its employees or vicarious agents. This also applies to damages resulting from the breach of duties during contract negotiations and from the performance of unauthorised acts. Any further liability for damages is excluded.
2. Except in the event of injury to life, limb or health or wilful or grossly negligent behaviour on the part of SANUSLIFE, its employees or vicarious agents, liability shall be limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect damages, in particular loss of profit.
3. SANUSLIFE shall not be liable for damages of any kind caused by loss of data on the servers, except in the case of gross negligence or wilful misconduct on the part of SANUSLIFE, its employees or vicarious agents.
4. Member content stored at SANUSLIFE is third-party information for SANUSLIFE within the meaning of telemedia law and/or other applicable law.
5. However, SANUSLIFE assumes no liability for the products of COMPANY partners, as the contractual relationship is always agreed with the company concerned.
    

§ 23 Inclusion of the remuneration plan and the code of conduct

1. The remuneration plan (to be found at https://sanuslife.com/deu/register/dashboard) and the Code of Conduct and the provisions contained therein are also expressly part of this Member Agreement. The Member must always comply with these requirements in accordance with the currently valid version.
2. By sending the Member Registration Application to SANUSLIFE, the Member also confirms that he/she has taken note of the Compensation Plan and the Code of Conduct and expressly accepts both documents as part of the contract.
3. SANUSLIFE is authorised to amend the Compensation Plan and the Code of Conduct in accordance with § 26 paragraph (1).
    

§ 24 Accounting and taxes

1. The calculation, payment and accounting of commissions and other remuneration shall be based on the data and documents provided by the Member. The Member is liable for the completeness and correctness of the same and shall indemnify and hold SANUSLIFE harmless, also in accordance with § 11 paragraph (5), if SANUSLIFE should make an error in the preparation of the invoice due to incorrect or incomplete information provided. Should SANUSLIFE have to make any payments or suffer any other damages in this context, it shall have a corresponding right of recourse against the Member. To cover the resulting claims, SANUSLIFE is also entitled to withhold and offset commission claims of the Member.
2. Applies exclusively to Members domiciled in Italy:
   In accordance with Law No. 173 of 17 August 2005 and Art. 19 Legislative Decree No. 114 of 31 March 1998, commissions are paid to Members with tax domicile in Italy by SANUSLIFE INTERNATIONAL GmbH based in Bolzano, which is also the contractual partner of Members from Italy.
   After successful registration and activation of the Member status, the Member will find his "Tesserino di riconoscimento" and the IVD contract for download in his internal back office under commission settings, which he must always carry with him and can print out and update annually.
   By paying tax on the commission receipt/invoice, he pays tax on the dealer activity that SANUSLIFE pays in for the Member. SANUSLIFE accepts no liability for the proper payment of the Member's commission. If the Member has certain details, such as the receipt of other commissions from other companies that are also subject to Law 173 of 17 August 2005, these details must be communicated to SANUSLIFE in good time in the logged-in back office under Commission settings.
3. For Members with tax domicile outside Italy, commissions are paid without VAT. If the member exceeds the maximum income limit set by the state in a financial year, he/she is obliged to register with the tax office for VAT. No., VAT ID No. or UID No. from the tax office and enter it in the back office (reverse charge procedure). If the Member fails to enter one or more monthly turnovers, thus exceeding the tax-free turnover limit, and as a result SANUSLIFE must subsequently correct the invoices for the entire year, a processing fee of EUR 25.00 per invoice will be charged to the Member.
4. SANUSLIFE reserves the right to deduct from the Member's commissions any applicable tax withholdings or any taxes and/or social security contributions that SANUSLIFE is required by law to pay on behalf of the Member in any country as an exception.
    

§ 25 INTERNATIONAL SPONSORING for Members resident in Italy

1. If a Member sponsors other Members in a country other than his home country Italy ("abroad"), the sponsoring abroad is carried out in accordance with the applicable General Terms and Conditions of the international sales company SANUSLIFE ADMINISTRATION AG, which must be accepted separately by the Member in accordance with the registration process specified in the back office, as well as in accordance with any applicable foreign law and the laws in force there. - With this agreement, the Member has also concluded a supplementary contractual relationship with SANUSLIFE INTERNATIONAL GmbH based in Bolzano (IT), limited to international sponsoring, and by sending his application for the conclusion of a Member Agreement, he also accepts the General Terms and Conditions of SANUSLIFE INTERNATIONAL GmbH. - As soon as commissions generated abroad are paid out to the IT Member, the commissions are transferred from SANUSLIFE ADMINISTRATION AG to SANUSLIFE INTERNATIONAL GmbH and are duly paid out to the IT Member.
   Example: If a Member originally sponsored in Italy also wishes to work in Colombia, the General Terms and Conditions of Contract and laws applicable to that country apply to his activities in Colombia, while these General Terms and Conditions of Contract continue to apply to his activities in Italy.
2. SANUSLIFE offers the Member the opportunity to expand its business activities to all countries in which SANUSLIFE has officially opened a branch directly or via trading partners (so-called "international sponsoring").
3. As a sponsor abroad, the Member automatically starts at the position in the remuneration plan that he has reached in his home country of Italy at that time.
4. If a member qualifies for a new status within the compensation plan from one country or a combination of different countries in accordance with the requirements specified for this in the compensation plan, this status will be displayed in all other countries from the month following qualification.
5. A member qualifies for a foreign commission provided that he fulfils the corresponding requirements in accordance with the remuneration plan and is active in the relevant period in which the member's downline was active abroad.
    

§ 26 Limitation period

All claims arising from this contractual relationship shall become time-barred for both parties within six (6) months, insofar as this is legally permissible. The limitation period shall commence when the claim becomes due or at the time the claim arises or becomes recognisable. Statutory provisions that stipulate a longer limitation period shall remain unaffected.

§ Section 27 Notifications

1. All notifications (with the exception of cancellations) under this Agreement shall be made in electronic form by e-mail or in the login area of the Member.
2. Notices to SANUSLIFE must be sent to the following address: SANUSLIFE ADMINISTRATION AG, Lindenstrasse 8, CH-6340 Baar (ZG), e-mail: [email protected]
3. All notifications (with the exception of cancellations) to the Member will be sent outside the Member's login area to the email address provided by the Member during registration.
    

§ Section 28 Applicable law/jurisdiction

1. Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Baar (Canton of Zug), Switzerland.
    

§ 29 Final provisions

1. SANUSLIFE reserves the right to amend these General Terms and Conditions as well as the Compensation Plan at any time and without giving reasons. SANUSLIFE will send the amended General Terms and Conditions or the amended Remuneration Plan to the Member in good time before they come into force in the back office dashboard, under SANUSWORLD-NEWS, by e-mail or in any other form. The Member has the right to object to the amendment. If the Member does not object to the amended General Terms and Conditions or the amended Remuneration Plan within six (6) weeks of receipt of the notification of amendment, the Member expressly accepts the amendment. SANUSLIFE will inform the Member in the notification of the amendment of the General Terms and Conditions or the Remuneration Plan about the right of objection, the consequences of an objection, as well as the legal consequences of silence separately, expressly and in an easily understandable manner. In the event of an objection, both parties shall be entitled to terminate the contract with effect from the date on which the amendment comes into force. Changes known at the time of conclusion of the member contract are not subject to notification and do not constitute a right of objection on the part of the member.
2. Otherwise, amendments or additions to these General Terms and Conditions of Contract must be made in writing. This also applies to the cancellation of the written form requirement.
3. If these General Terms and Conditions of Contract are translated into another language and there are inconsistencies in any provision between the German and the translated version of the General Terms and Conditions of Contract, the German version shall always take precedence.
4. If a clause of these General Terms and Conditions is invalid or incomplete, the entire contract shall not be invalid. Rather, the ineffective clause shall be replaced by a clause that is effective and comes closest to the economic purpose of the ineffective clause. The same shall apply when closing a loophole that requires regulation.

Status of the General Terms and Conditions of Contract: December 2023

All terms and designations used here apply equally to the female and male form and always also to the other gender.

1.1 Scope of application

1. This Code of Conduct (hereinafter referred to as the "SANUSLIFE Code of Conduct") governs the relationship between SANUSLIFE ADMINISTRATON AG - hereinafter referred to as SANUSLIFE - and the sales partners with the account types BASIC, PREMIUM and PREMIUM+ and hereinafter also all referred to as "MEMBERS", who, following their own registration and verification by KYC (Know Your Customer), use the services offered for a fee by SANUSLIFE on the portal www.sanuslife.com or related and personalised SANUSLIFE member pages (hereinafter referred to as the "SANUSLIFE M"). This SANUSLIFE Code of Conduct governs the use of the portal, as well as the use of SANUSLIFE materials and content, both in the virtual and in the real world. When registering, the MEMBER must complete the digital application form correctly and in full, on which there is a link to the SANUSLIFE V Code. By accepting by mouse click, the MEMBER declares that he/she has read and understood this SANUSLIFE V Code, fully agrees to its content and purpose and thus gives his/her consent to the conclusion of a contractual relationship between him/her as MEMBER and SANUSLIFE.
2. In the context of the utilisation of the platform www.sanuslife.com the MEMBER (BASIC or PREMIUM Member) is obliged to always act in accordance with the SANUSLIFE V Code.
    

1.2 General obligations

1. The MEMBER is prohibited from using the portal www.sanuslife.com to violate the rights of third parties, harass third parties or otherwise violate applicable law or morality. In particular, the MEMBER undertakes to refrain from the following actions:
   1. Disseminating statements with offensive, harassing, violent, violence-glorifying, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible or otherwise objectionable or prohibited content;
   2. Insulting, harassing, threatening, frightening, defaming, embarrassing other customers, employees, partner companies or MEMBERS of SANUSLIFE;
   3. Spying on, disclosing or disseminating personal or confidential information of other SANUSLIFE customers, employees, affiliates or MEMBERS or otherwise violating the privacy of other SANUSLIFE customers, employees, affiliates or MEMBERS;
   4. Spreading untrue statements about the race, religion, gender, sexual orientation, origin, social status or information of other customers, employees, partner companies or MEMBERS of SANUSLIFE;
   5. Spying on, passing on or disseminating confidential information of SANUSLIFE;
   6. Spreading untrue allegations about SANUSLIFE;
   7. Pretending to be an employee of SANUSLIFE or an affiliate or partner of SANUSLIFE;
   8. Using legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, designations, software or other content and labelling without the consent of the rights holder(s) or permission by contract, law or legal regulation;
   9. Disseminating statements of an advertising, religious, political or financial nature or investment recommendations;
   10. Use of prohibited or illegal content;
   11. Exploiting errors in the programming (so-called bugs);
   12. Taking measures that could lead to an excessive load on the servers and/or massively impair the process for other customers;
   13. Hacking or cracking as well as promoting or encouraging hacking or cracking;
   14. Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
   15. Uploading files that contain viruses, Trojans, worms or corrupted data;
   16. Using or distributing "auto" software programs, "macro" software programs, "sniper functions" malicious functions (malware or spyware) or other "cheat utility" software programs;
   17. Modifying the service or parts thereof;
   18. Using software that enables so-called "data mining" or otherwise intercepts or collects information in connection with the Service;
   19. Interfere with transmissions to and from the Service servers and the Website servers;
   20. Intrusion into the service, data servers or website servers;
   21. using unrecognisable and/or invisible methods to generate clicks or transactions that are not triggered by the affirmative action of an end user.
   22. Use cookies, devices, programmes, robots, iframes or hidden frames, pop-up windows or other operations or processes that prevent SANUSLIFE from properly identifying and tracking transactions.
   23. To avoid misleading or deceiving MEMBERS with the aim of getting them to click on a link.
2. In addition, the MEMBER is prohibited from using the portal www.sanuslife.com to process and/or pass on personal data (in particular address, telephone number, e-mail address) to third parties without the consent of the person concerned. In particular, the MEMBER is prohibited from contacting the data subject for business purposes without consent.
3. SANUSLIFE refers to its domiciliary rights with regard to the use of its portal www.sanuslife.com and expressly reserves the right to immediate blocking and extraordinary termination in accordance with applicable law if any of the obligations set out in paragraphs (1) and (2) or any other applicable law is violated during use.
    

1.3 Placements

1. The placement of products and services, as well as texts or comments with advertising messages on SANUSLIFE-M, is prohibited without the consent of SANUSLIFE.
2. When uploading and publishing texts and media content on SANUSLIFE-M, the MEMBER warrants that he/she holds all corresponding rights. Otherwise, SANUSLIFE has the right to delete them and take the MEMBER offline.
3. The MEMBER may only place content on SANUSLIFE-M whose copyrights are owned or held by the MEMBER or over which the MEMBER is authorised to use.
4. Texts and media content whose rights are not owned by the MEMBER or which are disputed between the MEMBER and third parties may not be uploaded to SANUSLIFE-M.
    

1.4 Misleading, redirecting and framing

MEMBERS may not give the impression to other MEMBERS, either expressly or by means of representations or otherwise, that they are on SANUSLIFE's platform and/or advertising content, although this is actually on their website or platform.

1 Code of Conduct in detail

1.1 Password-protected parts of the SANUSLIFE websites

1. The password-protected parts of the SANUSLIFE websites are intended for MEMBERS worldwide. Note: Passwords should not be disclosed to third parties and must be protected against unauthorised access. If the MEMBER becomes aware of any unauthorised use of his/her password, he/she should notify SANUSLIFE immediately. SANUSLIFE assumes no liability or responsibility for damages resulting from the misuse of passwords.
2. The right to use the password-protected parts of SANUSLIFE-M ends upon termination of the MEMBER Agreement without any further action by SANUSLIFE being required. In the event of termination, the MEMBER must delete or destroy all stored, printed or copied materials, unless they must be retained due to mandatory legal requirements.
    

1.2 Data protection

All personal data provided to SANUSLIFE during the use of SANUSLIFE-M will be processed in accordance with the contractual and statutory data protection provisions. In addition, reference is made to the data protection declaration for MEMBER.

If SANUSLIFE has reason to believe that incorrect, incomplete or outdated information has been provided or that the MEMBER does not comply with the requirements of applicable data protection law, in particular the General Data Protection Regulation (EU Regulation No. 679/2016), access to SANUSLIFE-M may be restricted, blocked or the MEMBER's contract may be terminated if the corresponding cancellation requirements are met.
 

1.3 Copyright and use of SLA-M materials

SANUSLIFE grants the MEMBER a non-exclusive (simple), revocable right of use, limited to the duration of the contract, to use the SANUSLIFE materials provided, exclusively for the performance of its activities as a member of SANUSLIFE. Public access, distribution, reproduction, other use and display of the SANUSLIFE-M Materials is permitted, provided that the SANUSLIFE-M Materials are unchanged and unedited and the source of information is cited if SANUSLIFE-M Materials are passed on to third parties. There is no right to permanent continuation of the materials made available by SANUSLIFE, with the consequence that SANUSLIFE is entitled to change materials posted at any time, to no longer make them available or to post new materials. Should the MEMBER have any questions regarding the use of the SANUSLIFE M Materials, the MEMBER should contact SANUSLIFE at [email protected]. The right to use the password-protected area in the back office as a MEMBER ends upon termination of the Member Partner Agreement without any further action by SANUSLIFE being required. In the event of termination, the MEMBER must delete or destroy all stored, printed or copied SANUSLIFE materials, unless they must be retained due to legal requirements.

1.3.1 Special regulations for the use of materials

1. SANUSLIFE grants the MEMBER access to the "Download Centre" integrated in the SLI-M (www.sanuslife.com > Login > My Profile > My BackOffice).
2. The MEMBER undertakes to use the SANUSLIFE material (or parts thereof) made available to him/her exclusively for the purpose of sales promotion (e.g. The MEMBER undertakes to use the SANUSLIFE material provided to him (or parts thereof) exclusively for the purpose of sales promotion (e.g. print and/or online advertising) unchanged, with reference to the source and only for the advertising of SANUSLIFE, its goods or its distribution system within the framework of product sales or customer or member acquisition or maintenance; the reference must be indicated a) - if available - in the imprint and b) easily recognisable and accessible on the respective material or - if this is not possible - in the immediate vicinity of the attachment of the SANUSLIFE material used by the following note: "Source: SANUSLIFE".
3. The materials provided by SANUSLIFE and used by the MEMBER as advertising material may not give the incorrect impression that the MEMBER has produced the product in whole or in part himself or with the help of third parties, nor that the result has been significantly produced by his co-operation. Likewise, the aforementioned materials provided by SANUSLIFE may not be modified or otherwise processed.
4. When creating (and subsequently using) advertising material, websites, social media sites (e.g. Facebook or Instagram), online forums and community pages, blog pages, YouTube or other online or offline presences or materials, the MEMBER must always obtain any necessary consents from SANUSLIFE, comply with the contractual requirements and ensure that the viewer never has the impression that they are on an online or offline presence created or provided by SANUSLIFE or authorised by SANUSLIFE or that they are viewing such material. For this purpose, the SANUSLIFE distributor logo has been designed, visibly recognisable by the addition "INDEPENDENT DISTRIBUTOR" (see attachments). The MEMBER is obliged to display the logo clearly visible on the respective homepage (Home) of the advertised, non-SANUSLIFE website in a size of 200 x 200 px. In addition, the words "You are not on an official SANUSLIFE website" or "You are not on an official SANUSLIFE website" must be clearly visible and at least 12 px in size in the immediate vicinity of the logo.
5. The MEMBER is prohibited from designing offline advertising materials such as flyers, roll-ups, brochures, bumper stickers, business cards, etc. and/or having them designed. All offline advertising materials may only be purchased directly from SANUSLIFE Marketplace.
6. It is strictly forbidden to use the "SANUSLIFE" logo, the SANUSLIFE trademarks mentioned in the appendices or other SANUSLIFE trademarks, the trademarks mentioned in the appendices or other marks or other intellectual property of SANUSLIFE, which are clearly attributable to SANUSLIFE (business areas, product brand names, product labels or parts of SANUS... - see also in the appendices) for domain names, e-mail or social media characters, chat names, internet portals, apps, groups, online videos or other advertising media and channels in an identical, similar or abbreviated manner. Any advertising material must include the current official logos, product graphics, etc. created and provided specifically for MEMBER (BASIC or PREMIUM members). When creating new graphics for banners, headers, flyers, etc., the SANUSLIFE distributor logo (see attachments or links) must always be integrated. In these cases, the MEMBER must always ensure to the best of its knowledge and belief that the viewer does not get the impression that the advertising material was created by SANUSLIFE.
7. The MEMBER itself is responsible for the content of its own advertising or sales promotion measures, self-created websites, etc., in particular with regard to misleading earning opportunities at SANUSLIFE and the partner companies.
8. The MEMBER is prohibited from downloading and/or modifying SANUSLIFE videos from the SANUSLIFE YouTube channel or other platforms or making them publicly accessible on other media. SANUSLIFE videos, which can be found via various channels on the Internet, may only be linked, but never downloaded and uploaded again. Only linking or embedding with the aforementioned "Source reference: SANUSLIFE" in your own online presence is permitted.
9. No video and/or audio recordings/recordings of SANUSLIFE webinars, SANUSLIFE events, SANUSLIFE presentations, SANUSLIFE events, etc. may be produced, reproduced, distributed and made publicly accessible via the Internet or other means or otherwise made available for use.
    

1.3.2 Special regulations on the use of SLI trademarks and labels

1. SANUSLIFE grants the MEMBER the non-exclusive right to use the SANUSLIFE trademarks or labels listed in the Annex with the addition "INDEPENDENT DISTRIBUTOR" (previously and hereinafter referred to as the "SANUSLIFE Distributor Logo") internationally in connection with the advertising and distribution of all SANUSLIFE products and those of the partner companies within the scope of the contractual specifications.
2. The MEMBER is not authorised to create an independent shop system with SANUSLIFE products or to distribute SANUSLIFE products via its own or other third-party websites or to register new customers or members. Links to SANUSLIFE-M or to its personalised SANUSLIFE-M page, with or without reference to products from partner companies in the SANUSLIFE Marketplace, are permitted and recommended. The decisive factor is that the entire purchase process is carried out via the personalised SANUSLIFE-M page.
3. The MEMBER is not authorised to combine the SANUSLIFE trademarks mentioned in the Annexes or any other SANUSLIFE trademarks mentioned in the Annexes or any other marks or other intellectual property of SANUSLIFE with any other labelling component to form an overall trademark or label and/or to use the aforementioned SANUSLIFE marks as a company name or as part of its company name.
4. The MEMBER may not modify the SANUSLIFE trademarks mentioned in the Annexes or any other SANUSLIFE trademarks, the SANUSLIFE marks mentioned in the Annexes or any other SANUSLIFE marks or other SANUSLIFE intellectual property in any way and may not use them in a modified form in business transactions. In particular, the use of any designs that deviate in colour from the original SANUSLIFE elements is also prohibited.
5. The simple, contractually limited right of use of the SANUSLIFE trademarks mentioned in the Annexes or other SANUSLIFE trademarks mentioned in the Annexes or other marks or other intellectual property of SANUSLIFE is only valid for the term of the Member Contract.
6. SANUSLIFE reserves the right to change or abandon any SANUSLIFE Trademarks over time. The MEMBER is requested to use only the new logo with the new SANUSLIFE brand after a period of six (6) months from the introduction of the new logo. The MEMBER is obliged to regularly check that the SANUSLIFE trademarks are up to date and to recognise and adopt any changes.
    

1.4 Limitation of liability and indemnification

1. SANUSLIFE cannot be held responsible for incorrect information in the MEMBER's application. Consequently, SANUSLIFE cannot assume any liability for the accuracy of such information and the content provided by the MEMBER to SANUSLIFE is third-party information for SANUSLIFE within the meaning of the applicable telemedia law.
2. Furthermore, SANUSLIFE is not liable for the fulfilment of the desired result that the Member wishes to achieve by using the internet platform and the goods of SANUSLIFE.
3. Insofar as SANUSLIFE provides computer programs (e.g. an interface to the MEMBER's eWallet) on its website, the use of the portal www.sanuslife.com of SANUSLIFE at your own risk. SANUSLIFE is not liable for damages resulting from the installation and/or use of the portal, insofar as this is legally permissible. Despite up-to-date virus checks, liability for damage and impairment caused by computer viruses is excluded within the scope of the statutory provisions. Furthermore, SANUSLIFE is not liable for disruptions in the quality of access to the Service due to force majeure or due to events for which SANUSLIFE is not responsible. Furthermore, SANUSLIFE is not liable for unauthorised third parties gaining knowledge of your personal data (e.g. through unauthorised access to the database by "hackers").
4. Furthermore, SANUSLIFE shall only be liable for damages other than those resulting from injury to life, body and health insofar as these are based on intentional or grossly negligent behaviour or on culpable breach of a material contractual obligation (e.g. delivery to the customer) by SANUSLIFE, its employees or vicarious agents. This also applies to damages resulting from the breach of obligations during contract negotiations and from the performance of unauthorised acts. Any further liability for damages is excluded.
5. Except in the event of injury to life, limb or health or wilful or grossly negligent behaviour on the part of SANUSLIFE, its employees or vicarious agents, liability shall be limited to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect damages, in particular loss of profit.
6. SANUSLIFE shall not be liable for damages of any kind caused by loss of data on computer servers, except in the case of gross negligence or wilful misconduct on the part of SANUSLIFE, its employees or vicarious agents. Your stored content is third-party information for SANUSLIFE within the meaning of telemedia law. Links are available on the SANUSLIFE website. When the link was first created, the content under the respective link was checked for illegal content. SANUSLIFE is not responsible for third-party content that can be accessed via links. If SANUSLIFE discovers or is informed that a linked offer contains illegal content, this link will be deleted.
7. The MEMBER indemnifies SANUSLIFE from liability in the event of a claim by a third party due to a breach of one of the obligations regulated in this contract or any other breach of applicable law by the MEMBER at their first request. In particular, the MEMBER undertakes in this respect to bear all costs, in particular fines or penalties, legal fees, court costs and damages incurred by SANUSLIFE in this connection.
    

1.5 Warning, contractual penalty, damages, blocking

1. In the event of a first breach of the MEMBER's obligations set out in this Code of Conduct, SANUSLIFE will issue a written warning, setting a deadline of seven (7) days to remedy the breach of duty. The MEMBER undertakes to reimburse the costs of the warning, in particular the legal fees incurred for the warning.
2. It is expressly pointed out that, according to the SANUSLIFE is entitled to extraordinary termination without prior warning in the event of a particularly serious breach of the obligations set out in this Code of Conduct or other applicable contractual or statutory law, but is also entitled to take the measures set out in paragraph (1) at its own discretion in the event of a first-time breach of duty.
3. If the same or a substantially similar breach occurs again after the expiry of the period set by the warning or if the originally warned breach is not remedied, a contractual penalty, which is at the discretion of SANUSLIFE and in the event of a dispute is to be reviewed by the competent court, shall become due immediately and shall amount to at least € 900 outside Germany. For the assertion of the contractual penalty, further legal fees are incurred, which the Member is obliged to reimburse.
4. Irrespective of the forfeited contractual penalty, the Member is also liable for all damages incurred by SANUSLIFE due to a breach of duty by the Member, unless the Member is not responsible for the breach of duty.
5. In addition to the rights under paragraphs (1) - (4), SANUSLIFE reserves the right to block the MEMBER for good cause, namely to block the Member's access to SANUSLIFE's back office and other systems together with the MEMBER's commission authorisation without notice if the Member violates the Code of Conduct, other contractual obligations or other applicable law. The block will remain in place until the breach of duty has been remedied following a corresponding warning from SANUSLIFE. In the event of a serious or repeated breach of duty that leads to extraordinary termination of the contractual relationship, the block will remain in place permanently. For the duration of the blocking, the MEMBER will be downgraded as a verified customer (ENTRY) without authorisation to receive commission. Commission claims already accrued will be continued and managed in the virtual credit account held for the Member at SANUSLIFE without the Member being entitled to interest.

Supplementary application of the Member Agreement, the General Terms and Conditions for Members, the Community Terms and Conditions, the Privacy Policy and the SANUSLIFE Compensation Plan

The MEMBER contract with the General Member Terms and Conditions, the data protection provisions and the SANUSLIFE remuneration plan expressly apply in addition to this Code of Conduct, insofar as no deviating or additional provisions have been made in this Code of Conduct.

2 Annexes (Mini-CI)

TRADEMARK and TRADEMARK RIGHTS

1 SANUSLIFE trademark rights

1. SANUSLIFE corporate umbrella brands:
   • SANUSLIFE INTERNATIONAL, SANUSLIFE ADMINISTRATION, SANUSLIFE 
2. SANUSLIFE INTERNATIONAL product brands:
   • ECAIA
   • ESORI
   • ANACOS

2 SANUSLIFE labelling rights

1. SANUSLIFE business segment trademarks:
   • SANUSWORLD
   • SANUSPAY
   • SANUSAPP
   • SANUSPRODUCTS
   • SANUSPLANET
   • SANUSACADEMY
   • SANUSFORYOU
   • SANUSCOIN
   • SANUSWALLET
   • SANUSCREDITS
   • SANUSLIFE Marketplace
   • SANUSLIFE Finance
   • SANUSLIFE EXPLORER
   • SANUSLIFE EXCHANGE
2. SANUSLIFE support/service indicator:
   • SANUSWEBINAR
   • SANUSEVENTS
3. SANUSLIFE user groupdesignations:
   • FREE User / BASIC Member / PREMIUM Member / PREMIUM+ Member
   • COMPANY Partner
   • NON-PROFIT Partner

4. SANUSLIFE account type designations:
   for private individuals

   • ENTRY
   • BASIC
   • PREMIUM
   • PREMIUM+

   
   for companies

   • LITE
   • SMART
   • PRO
   • ULTRA

   
   for companies with "PREMIUM+" upgrade package for referral business against commission

   • LITE+
   • SMART+
   • PRO+
   • ULTRA+

   
   for non-profit companies automatically with "PREMIUM+" upgrade package for referral business against commission

   • SMART+
   • PRO+
      

Spelling features:

SANUSLIFE (always capitalise all letters, format LIFE "bold")

SANUSLIFE umbrella brands, e.g. ECAIA (always all letters in capital letters)

SANUSLIFE product names, e.g. drops (always all letters in lower case)

SANUSLIFE user group designations, namely FREE, BASIC, PREMIUM, PREMIUM+, COMPANY, NON-PROFIT always all letters in capital letters; for the additional designation User, Member or Partner always only the first letter in capital letters;

SANUSLIFE account type designations, e.g. ENTRY (always all letters in capital letters).

Mandatory use of the SANUSLIFE-DISTRIBUTOR-LOGO:

The MEMBER can choose whether to use the logo of SANUSLIFE INTERNATIONAL GmbH or SANUSLIFE ADMINISTRATION AG. SANUSLIFE recommends that MEMBERS who are only interested in selling SANUSPRODUCTS use the logo on the left and those who are interested in selling all partner companies use the logo on the right:

Both logos are available for download at the following link: https://sanuslife.com/deu/downloads-files/downloadcenter/2/5/1/

DATA PROTECTION NOTICE REGARDING THE PROCESSING OF PERSONAL DATA (ART. 13 GDPR EU REGULATION 2016/679)

Information about the controller.

The data controller is SANUSLIFE ADMINISTRATION AG, with registered office in Baar (CH), Canton Zug, Lindenstrasse 8, hereinafter referred to as "SANUSLIFE". To exercise the rights provided for by law, you can contact the data controller at its registered office, by telephone on +41 041 510 93 03 or by writing to [email protected].

Purpose and legal basis of data processing.
The purpose of processing your general personal data (name, surname, address, tax number, IBAN, etc.) is to give you the opportunity to obtain the status of "Member" and to receive the services and benefits reserved for this category of users. SANUSLIFE offers members bonuses, a special programme for earning SANUSCREDITS and the opportunity to receive the rewards provided for in a compensation plan reserved for them. The legal basis for the processing is the fulfilment of legal obligations to which the controller is subject, the processing for the performance of a contract to which the data subject is party or the performance of pre-contractual measures taken at the request of the data subject.

Forwarding of data (recipients).
Your data may be forwarded to the following persons/institutions in order to fulfil the business relationship between the parties: IT service providers, external legal or tax advisors, business partners, partner companies (COMPANIES and NON-PROFITS), transport companies, banking and financial institutions, authorities and other public institutions, other users within the so-called upline (the chain of sales partners to which you are connected: the sales partner originally superior to you, the partner superior to this in turn, etc.). The legal basis for the transfer is the fulfilment of legal and contractual obligations as well as the implementation of pre-contractual measures based on your request. In any case, only the data that is essential for the fulfilment of the respective service will be passed on. If the transmission of anonymised data proves to be sufficient, only this data will be transmitted. Your personal data will only be disseminated with your express consent.

Transfer of data to third countries and international organisations.
Your personal data will not be transferred to third countries or international organisations outside the European Union. As this is an online platform, the data can be viewed in all countries of the world.

Marketing.
Your personal data may be processed for marketing purposes. This includes, for example, the sending of advertising material (newsletters, flyers, advertising emails, etc.), which will only take place with your express consent. Consent is the legal basis for processing in this context. If you do not give your consent, this will not affect the provision of the main service. We would like to point out that the communications you receive in connection with the marketing of our products (e.g. special discount campaigns, special bonuses, etc.) are essential for the performance of your activity. They therefore do not require consent and are treated as service messages.

Processing modalities, automated decision-making processes and data retention periods.
Your data may be processed both in paper form and through the use of IT in compliance with the technical and organisational measures set out in the Regulation on the protection of personal data (General Data Protection Regulation 2016/679). The data concerning you will be kept for the entire duration of the contractual relationship between the parties and, in any case, for the period provided for by the provisions of private and tax law, which may exceed the aforementioned period.

Rights of the data subject and complaint to the Data Protection Authority.
You have the right to exercise the rights of the data subjects listed below at any time. To do so, please contact the controller (SANUSLIFE) using the contact details provided above. We will provide you with written feedback within 30 days. In addition, and if you believe that your data has been processed unlawfully, you can lodge a complaint with the competent supervisory authority, the Swiss Confederation (Federal Data Protection and Information Commissioner) based in Bern (Switzerland).

I. Right to information of the data subject

1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information a) the purposes of the processing; b) the categories of personal data being processed; c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; f) the existence of the right to lodge a complaint with a supervisory authority; g) where the personal data are not collected from the data subject, any available information as to their source; h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. If the data subject makes the request by electronic means, the information shall be provided in a commonly used electronic format, unless the data subject indicates otherwise.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
    

II Right to rectification

1. The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
    

III Right to erasure

1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; (c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); d) the personal data have been unlawfully processed; e) the erasure of the personal data is necessary for compliance with a legal obligation in Union or Member State law to which the controller is subject; f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary (a) for exercising the right of freedom of expression and information; (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; c) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3); d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or e) for the establishment, exercise or defence of legal claims.
    

IV. Right to restriction of processing

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data; (b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2. Where processing has been restricted pursuant to paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
    

V. Right to data portability

1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) and b) the processing is carried out by automated means.
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
    

VI Right to object

1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. If the data subject objects to the processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
4. The data subject must be expressly informed of the right referred to in paragraphs 1 and 2 at the latest at the time of the first communication with him or her; this information must be provided in a comprehensible form that is separate from other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. The data subject shall have the right to object, on grounds relating to his or her particular situation, to processing of personal data concerning him or her which is carried out for scientific or historical research purposes or statistical purposes in accordance with Article 89(1), unless the processing is necessary for the performance of a task carried out in the public interest.
    

VII Automated decisions in individual cases including profiling

1. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2. Paragraph 1 shall not apply if the decision: a) is necessary for the conclusion or performance of a contract between the data subject and the controller, b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or c) is based on the data subject's explicit consent.
3. In the cases referred to in paragraph 2(a) and (c), the controller shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4. Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject's rights and freedoms and legitimate interests are in place.