Legal
Terms and Conditions
This is an English translation of our German Allgemeine Geschäftsbedingungen (AGB). If the two versions differ, the German version prevails.
These Terms and Conditions apply to Cosvion Rebook, a service of Cosvion Solutions, owner Kai Kethers Bonifacio, Lilistraße 65, 63067 Offenbach am Main, Germany (hereinafter “Cosvion” or “we”).
1. Scope
(1) These Terms and Conditions apply to all contracts for Cosvion Rebook between Cosvion and its customers (hereinafter the “Salon”).
(2) Our services are aimed exclusively at entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), that is, persons acting in the course of their trade, business or profession. We do not enter into contracts with consumers.
(3) Deviating terms of the Salon apply only if we expressly agree to them in text form. Individual agreements made in a specific case take precedence over these Terms and Conditions.
2. Conclusion of the contract
(1) The presentation on our website does not constitute a binding offer. For Cosvion Rebook, the website can only be used to arrange a non-binding demo call.
(2) After the call, the Salon receives an offer from us in text form (for example by email). The contract is concluded when the Salon accepts the offer in text form or signs it. The offer, these Terms and Conditions and the data processing agreement (clause 9) form part of the contract.
(3) If the offer deviates from these Terms and Conditions, for example in price, term, setup or scope of services, the offer prevails.
3. Services
(1) Cosvion Rebook helps the Salon to get back in touch with its regular clients at the right moment. The scope of services includes:
- an overview of the clients who are due back according to their usual rhythm,
- prepared messages to invite clients back when they are due, for aftercare following the treatment, as a reminder before the appointment and as a request for a Google review,
- handing over approved messages to the Salon's WhatsApp,
- further developments of the standard system during the term.
(2) Every message is reviewed and approved by the Salon. Once approved, the message opens in the Salon's WhatsApp, and the Salon sends it itself. Cosvion does not send any messages to clients, neither on behalf of the Salon nor in its own name.
(3) Cosvion owes the careful provision of these services, not any particular economic result. Sample calculations on the website (for example on clients won back or additional revenue) are model calculations and not a promise.
(4) Individual customisations and new functions to be developed outside the standard system are agreed separately and charged on a time and materials basis. We state the price in text form beforehand.
4. Setup and data transfer
(1) We set up Cosvion Rebook and transfer the Salon's existing client and appointment data by export from its booking software. If the Salon keeps its client records on paper, we transfer them for the Salon. Setup and data transfer, including from paper, are included in the price.
(2) Setup is completed no later than seven days after the date on which we have received the data and the necessary access. If the Salon provides these later, the deadline is postponed accordingly.
(3) For paper records, we transfer the details needed for operation (name, contact details, treatment, date of the last appointment). If the volume is exceptionally large, we agree the timeframe with the Salon beforehand.
5. Obligations of the Salon
(1) The Salon is responsible for the content of the messages it approves. We create text suggestions with the help of Anthropic’s AI model Claude; they are drafts. The Salon reviews them before approving them, in particular aftercare texts, and observes the rules on advertising for treatments that apply to it, in Germany in particular the German Act on Advertising in the Healthcare Sector (Heilmittelwerbegesetz, HWG). In the United Kingdom and Ireland, this includes in particular the prohibition on advertising prescription-only medicines to the public (in the United Kingdom under the Human Medicines Regulations 2012 and the CAP Code; in Ireland under the Medicinal Products (Control of Advertising) Regulations 2007, S.I. No. 541 of 2007).
(2) The Salon ensures that it is permitted to contact its clients via WhatsApp, in particular that consent required by law for promotional messages has been obtained (in Germany under Section 7 of the German Act against Unfair Competition, UWG; in the United Kingdom under the Privacy and Electronic Communications (EC Directive) Regulations 2003, PECR; in Ireland under the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, S.I. No. 336 of 2011), and can prove this on request.
(3) The Salon only sends review requests to genuine clients. It does not select them according to whether a good review is to be expected. It does not offer anything in return for reviews and complies with the guidelines of the respective platform.
(4) The Salon keeps its access credentials secret and informs us without delay if it suspects misuse.
6. Prices and payment
(1) Prices apply per location and per month, regardless of the number of clients.
For Salons in the United Kingdom:
- £295 for a term of 3 months,
- £255 for a term of 12 months,
- £210 for a term of 15 months.
For all other Salons:
- €350 for a term of 3 months,
- €300 for a term of 12 months,
- €250 for a term of 15 months.
We do not charge VAT. Our services in Germany fall under the small business scheme of Section 19 of the German VAT Act (UStG); services to Salons based outside Germany are not subject to German VAT. The prices are final prices. Under the law of its own country, the Salon may be required to account for VAT on our services itself (reverse charge).
(2) The price remains unchanged for the entire chosen term. The only exception is the case set out in paragraph 5.
(3) We invoice the monthly price at the beginning of each month. It is due without deduction within 14 days of the invoice date. If we agree on a direct debit (for payments in euros: SEPA direct debit), we collect the amount no earlier than the due date and notify the Salon of the collection in advance.
(4) We will notify any price change for the period after the end of the chosen term in text form at least six weeks before it takes effect. The Salon may then terminate the contract at any time until the change takes effect.
(5) If the small business scheme under Section 19 UStG ceases to apply to us because the statutory turnover thresholds have been exceeded, we will, by way of derogation from paragraph 2, additionally charge statutory VAT to the extent that it applies to our services to the Salon. We will notify the Salon of this in text form as soon as it becomes foreseeable. We will charge VAT no earlier than six weeks after the Salon receives this notice. Until then, the Salon may terminate the contract with effect from that date.
(6) Salons based outside Germany will provide us with their VAT number before the contract starts or otherwise show that they are acting as a business.
7. Term and termination
(1) The contract begins on the date stated in the offer and runs for the chosen term of 3, 12 or 15 months.
(2) Free exit within the first 30 days: the Salon may end the contract within 30 days of the start of the contract without giving reasons and with immediate effect. No costs are incurred for this period; we refund any amounts already paid within 14 days.
(3) The notice period is one month to the end of the term. If notice is not given, the contract continues for an indefinite period and can then be terminated at any time with one month's notice to the end of a calendar month. There is no renewal for a further fixed term.
(4) Notice in text form is sufficient, for example an email to kontakt@cosvionsolutions.com. We confirm receipt.
(5) The right of either party to terminate for good cause without notice remains unaffected.
8. Availability and third-party services
(1) We operate Cosvion Rebook with the care of a prudent businessperson and announce planned maintenance work in advance.
(2) Cosvion Rebook works with third-party services, in particular WhatsApp (Meta) and Google. We have no influence over their availability, functions and policies. We are not liable for outages or changes to these services unless we are responsible for them.
(3) The Salon receives support directly from us by email, phone or WhatsApp on working days during normal business hours.
9. Data protection and data processing
(1) Where Cosvion processes personal data of the Salon's clients, we do so on behalf of the Salon. The Salon is the controller within the meaning of the GDPR.
(2) For this purpose, the parties conclude a data processing agreement under Art. 28 GDPR (for Salons in the United Kingdom, also under Art. 28 UK GDPR) before processing begins. It forms part of the contract. For Salons in the United Kingdom and Ireland, we provide the data processing agreement in English.
(3) We store the Salon's client and appointment data on servers in Germany, with the system itself hosted by netcup in Nuremberg. For text suggestions, we use Anthropic’s AI model Claude. In doing so, we transmit only the first name, the type of treatment, the time since the last visit and the type of message, no surnames and no phone numbers. Anthropic does not use this information for training, deletes it after 30 days at the latest and may also process it in the USA.
(4) The data processing agreement sets out which other service providers we use for this (sub-processors) and which security measures apply.
10. Data after the end of the contract
On request, the Salon receives an export of its client and appointment data in a common format (for example CSV) within 30 days of the end of the contract. After that, we delete the data in accordance with the rules of the data processing agreement, unless there is a statutory obligation to retain it.
11. Liability
(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of any guarantee we have given.
(2) In the case of slight negligence, we are only liable for the breach of material contractual obligations, that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Salon may regularly rely. Liability is then limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.
(3) The Salon is responsible for content it approves and for any missing consent from its clients (clause 5).
12. Changes to these Terms and Conditions
We may change these Terms and Conditions with effect for the future where this is necessary because of a change in the law or case law, because of changes to third-party services (clause 8(2)) or because of new functions of Cosvion Rebook, and the Salon is not unreasonably disadvantaged as a result. We notify changes in text form at least six weeks before they take effect. If the Salon does not object within this period, the changes are deemed accepted. We point out the period and the consequences of not objecting in the notification. If the Salon objects, the contract continues on the previous terms. Prices, term, notice periods and the scope of the main services are not changed in this way.
13. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If both parties are merchants (Kaufleute within the meaning of the German Commercial Code), legal entities under public law or special funds under public law, the place of jurisdiction is Offenbach am Main, Germany. Otherwise, the statutory places of jurisdiction apply.
(3) Should any provision of these Terms and Conditions be invalid, the remainder of the contract remains valid.