Non-binding translation. This document is a translation of the German original provided for convenience only. The legally binding version is the German one, available at https://mcgesund.de/legal/agb-b2b. In the event of any discrepancy between this translation and the German original, the German version shall prevail.
The public content of the McGesund platform — directory, profiles, reviews and lexicon — is freely accessible and can be used without entering into a contract.
These General Terms and Conditions ("Terms") govern exclusively the contractual relationship between the Provider and entrepreneurs (§ 14 BGB); entering into a contract with consumers (§ 13 BGB) is not contemplated.
Section 1 Parties and Scope of Application
(1) The Provider of the McGesund platform ("Platform") is:
Organon Informationssysteme GmbH
Karlstraße 31
63571 Gelnhausen
represented by Helmut Fuhrmann (Geschäftsführer)
Commercial Register: Amtsgericht Bad Homburg v.d.H. HRB 8252
VAT ID: DE114153271
— hereinafter "Provider".
(2) These Terms apply to all contracts entered into between the Provider and Customers regarding the use of the Platform, provided that the Customer is an entrepreneur within the meaning of § 14 BGB, a legal person under public law or a special fund under public law (hereinafter uniformly "Customer"). The Platform is open for use by Customers established throughout the European Union as well as in Switzerland.
(3) Deviating, conflicting or supplementary general terms and conditions of the Customer shall become part of the contract only if and to the extent that the Provider has expressly consented to their validity in text form.
This consent requirement applies in all cases, for example also where the Provider, with knowledge of deviating terms of the Customer, renders services without reservation.
(4) The Provider operates an online intermediation service within the meaning of Regulation (EU) 2019/1150 ("P2B Regulation") as well as a hosting service within the meaning of Regulation (EU) 2022/2065 ("Digital Services Act") insofar as it stores and makes publicly accessible user-generated content — in particular reviews.
Section 2 Definitions
For the purposes of these Terms:
- "Platform" — the digital directory and review system operated by the Provider at mcgesund.de and the connected brand domains, together with its associated modules.
- "Listing" — the public company profile of the Customer on the Platform.
- "Location" — a specific business establishment of the Customer to which a Listing is assigned.
- "Plan" — the service package booked by the Customer per Location and Module.
- "Module" — the independently bookable service areas "Reviews" and "Signals".
- "Review" — an assessment submitted by end customers of the Customer via a QR-code-supported process.
- "Signal" — a structured feedback submission in the care context via a QR code in the "Signals" Module, made by residents, relatives or staff.
- "Display-verified" — a technically generated authenticity marker on a Review that can only be produced via the rotating one-time QR code of the reception display.
Section 3 Conclusion of Contract
(1) The presentation of services on the Platform does not constitute a binding offer by the Provider, but rather an invitation to the Customer to submit an offer themselves (invitatio ad offerendum).
(2) The Customer submits their binding offer by selecting a Plan, providing the information required in the order form in full, accepting these Terms and the Privacy Policy in the version respectively valid at the time of conclusion of the contract by active confirmation, and submitting the order.
(3) The Provider accepts the offer by express declaration of acceptance in text form — for example by provision confirmation via email — or by initial activation of the booked service.
(4) Upon conclusion of the contract, the Customer warrants that they meet the requirements of Section 1 paragraph 2 and are acting in the exercise of their commercial or independent professional activity.
(5) The Platform's directory contains Listings that the Provider has created in an automated manner prior to any conclusion of contract from publicly available sources — in particular the OpenStreetMap project under the Open Database License (ODbL). Such Listings contain exclusively publicly available business data and are not the result of any editorial assessment by the Provider. As long as such a Listing has not been taken over within the meaning of the following paragraphs, no contractual relationship exists between the Provider and the company depicted.
(6) The company depicted in the Listing may claim the Listing for itself via the "Take over Listing" function. Upon successful Take-over, the party taking over enters into the maintenance of the Listing; a contractual relationship pursuant to these Terms then comes about in accordance with paragraphs 1 to 3.
The Take-over requires an authorisation check; the Provider reserves the right to carry out suitable verification measures — for example a call-back to the business number on file, a postal verification notice to the business address, or proof by way of a commercial register extract or professional admission certificate. In the case of multiple, mutually conflicting Take-over applications, the Provider shall decide at its reasonable discretion on the basis of the evidence submitted.
(7) As long as a Listing has not been taken over, the company depicted may request the correction or deletion of the Listing by reasoned objection in text form. The Provider shall review the objection without undue delay and shall remove or correct the Listing, unless overriding legitimate interests of third parties — in particular a public information interest in objectively available business data — preclude this.
Section 4 Description of Services
(1) The Provider renders the services owed pursuant to the Plan booked by the Customer. The respective scope of services follows bindingly from the service overview ("Products and Prices") in force at the time of conclusion of the contract as well as, supplementally, from the following provisions.
(2) The Platform provides two independent Modules:
- "Reviews" Module — public company profile with the ability to receive and respond to geo- and cryptographically verified Reviews from end customers.
- "Signals" Module — structured, anonymous capture of feedback from day-to-day care operations in care facilities via QR codes per Capture Unit.
(3) In the "Reviews" Module, the following Plans are available:
"Reviews Basic" Plan (free of charge)
- Company profile in the directory with logo, map and opening hours — one location
- Receipt and response to Reviews
- one permanent QR code per location for review requests
- Review widget for embedding on the Customer's own website
- Post-quantum signature of the Reviews
- QR codes with the McGesund logo
"Reviews Classic" Plan (paid)
- All services from "Reviews Basic" — one location
- Reception display with rotating one-time QR code for "Display-verified" Reviews
- up to 50 one-time QR codes per location and 30 days
- Widget with popup extension
- QR codes optionally without a logo (plain QR code)
"Reviews Pro" Plan (paid)
- All services from "Reviews Classic"
- Management of up to five locations under one account, with cross-location overview
- up to 1,000 one-time QR codes per location and 30 days
- Job postings (up to five active simultaneously)
- Click statistics (telephone and website calls, top referrer domains)
- Access to the REST API (QR code and data API)
"Reviews Premium" Plan (paid)
- All services from "Reviews Pro"
- Management of up to twenty locations
- up to 5,000 one-time QR codes per location and 30 days
- Job postings (up to twenty active simultaneously)
- Listing with direct link in search result teasers
- Aggregated multi-location reporting
- own company logo in the QR codes
The stated location limits may be increased individually on request; the limit stored in the account is authoritative.
(3a) The following applies to the QR codes provided under the Plans:
- Permanent QR codes (wall and location QR codes) are valid for 24 months from issuance. The Customer is notified in the account before expiry and may generate a new code at any time; the previous code remains usable until it expires.
- One-time QR codes are valid for three months from issuance. Unredeemed one-time QR codes are automatically deleted after this period.
- The monthly quota of one-time QR codes relates to a period of 30 days and is not carried over into the following period.
Reviews already submitted retain their validity and verifiability irrespective of the expiry of the underlying QR code.
(4) In the "Signals" Module, the following Plans are available:
"Signals Basic" Plan (free of charge)
- Up to five Capture Units (room, bed, ward, floor or entrance)
- QR-code capture for residents, relatives and staff — without app, without account
- Six predefined signal categories
- Task dashboard with real-time overview
- QR codes with the McGesund logo
"Signals Classic" Plan (paid)
- All services from "Signals Basic"
- Up to fifty Capture Units
- Export of the quality report for inspection and supervisory authorities for periods of 30, 90, 180 or 365 days (response times, status distribution, weekly trends, overall score)
- Differentiated care roles (facility director, nursing service director, nurse)
- Weekly trends per category
- QR codes optionally without a logo (plain QR code)
"Signals Pro" Plan (paid)
- All services from "Signals Classic"
- Up to two hundred and fifty Capture Units
- Cross-location reporting (up to five locations)
- Access to the REST API (QR code and data API)
"Signals Premium" Plan (paid)
- All services from "Signals Pro"
- Unlimited number of Capture Units
- Aggregated multi-location reporting without location limit
- own company logo in the QR codes
(5) The Provider reserves the right to adjust the service features of the Plans within the framework of technical developments, provided that this does not jeopardise the purpose of the contract and the Customer is not unreasonably disadvantaged by the change (§ 308 No. 4 BGB).
Section 5 Remuneration, Due Date, Payment Terms
(1) The "Reviews Basic" Plan in the "Reviews" Module and the "Signals Basic" Plan in the "Signals" Module are provided free of charge. All other Plans are subject to a fee. The amount of the fee follows from the service overview in force at the time of conclusion of the contract.
(2) Remuneration may, at the Customer's choice, be paid monthly or annually. In the case of annual prepayment, the discount shown in the service overview shall apply.
(3) All prices are net amounts plus the value-added tax applicable by law.
(4) For Customers established in other European countries — with the exception of the Federal Republic of Germany — holding a valid VAT identification number, the service shall be invoiced under the reverse charge procedure pursuant to Article 196 of the VAT Directive; the tax liability is transferred to the Customer.
The VAT identification number must be stored in the customer account and is validated in an automated procedure via the qualified confirmation procedure of the Federal Central Tax Office under § 18e UStG prior to invoicing. If the Federal Central Tax Office's confirmation procedure is temporarily unavailable, validation shall instead be carried out via the European Commission's VAT Information Exchange System (VIES); in this case, the qualified confirmation will be performed at the next possible opportunity.
For Customers established in Switzerland, invoicing is performed without German VAT pursuant to § 3a paragraph 2 UStG (place-of-recipient principle).
(5) Invoices are issued exclusively in electronic form, in business dealings between undertakings in machine-readable formats (XRechnung or ZUGFeRD). They are made available for retrieval in the customer account and are additionally sent to the email address of the account through which the respective Plan was booked. Decisive for receipt is the making available in the customer account. The Customer expressly consents to electronic invoicing.
(6) Remuneration is due upon issuance of the invoice and shall be paid in advance for the respective billing period. Payments are made via the means of payment stored in the customer account.
(7) If the Customer selects online payment for a chargeable service, the first payment made in this way constitutes a mandate permitting the Provider to collect future receivables via the same means of payment. On this basis, the remuneration for subsequent billing periods is collected automatically when due. One-off additional services outside the subscription are not collected automatically but are authorised separately in each case.
(8) The Customer may revoke the mandate at any time in text form addressed to the Provider; the revocation takes effect for the location concerned. From the following billing period, invoicing is effected on account. Receivables already due and a collection already initiated at the time of revocation remain unaffected. The revocation can also be carried out directly in the customer account.
(9) If the Customer falls into default on payment, the Provider shall be entitled, after expiry of a reasonable grace period set without success, to temporarily block the paid functions; the Listing itself shall remain unaffected in this respect and shall continue on the respective free Basic Plan of the affected Module. Any further statutory claims of the Provider shall remain unaffected.
Section 6 Term, Termination, Plan Change
(1) Contracts for monthly billed paid Plans may be terminated ordinarily as of the end of the respective monthly period; contracts for annually billed Plans as of the end of the respective annual period.
(2) Termination is effected at any time via the customer account under "Account → Cancel Plan". Termination in text form to the Provider is equally effective.
(3) The "Reviews Basic" Plan runs for an unlimited time without any commitment. Full account deletion is possible at any time without notice via the account settings. There is no entitlement to inclusion, continuation or any particular presentation of the entry under the "Reviews Basic" Plan. Where the Customer moves from a paid Plan to the "Reviews Basic" Plan, no entitlement arises for the entry or the Reviews relating to it to continue to be displayed. Termination is governed by Section 10.
(4) A change between Plans — upgrade, downgrade or change of billing cycle — is possible at any time. Upon upgrade, the pro-rata remaining credit of the previous Plan shall be credited against the new Plan. Upon downgrade, the previous Plan shall continue to run until the end of the current billing period; the new Plan shall take effect at the beginning of the following period. A change from annual to monthly billing likewise takes effect only at the end of the current billing period; this applies even where a higher-tier Plan is selected at the same time. An immediate upgrade within the existing billing cycle remains unaffected.
Remaining terms already paid for shall not be refunded in the event of downgrade or early termination. The Customer will be specifically informed of this in the termination or change confirmation.
(5) The mutual right to extraordinary termination for good cause (§ 314 BGB) shall remain unaffected. Good cause shall exist for the Provider in particular if
- the Customer breaches material obligations under this contract and fails to remedy the breach within a reasonable period despite a warning;
- insolvency proceedings are opened against the Customer's assets or are rejected for lack of assets; or
- the Customer wilfully circumvents the authenticity verification mechanisms or incites third parties to circumvent them.
Section 7 Duties and Obligations of the Customer
(1) The Customer shall ensure that the content uploaded by them to the Listing — in particular company name, address, logo, descriptions, job postings and images —
- is accurate, complete and up to date;
- is free of third-party rights, in particular trademark, copyright, personality and competition rights; and
- does not violate any applicable laws, in particular not the Act against Unfair Competition (UWG), the Medicinal Products Advertising Act (HWG) or the professional law applicable to healthcare professions.
(2) The Customer grants the Provider, for the purpose of rendering the contractually owed Platform services, a non-exclusive right of use to the uploaded content, limited spatially to the area of the connected brand domains, limited in time to the duration of the contract, non-transferable and non-sublicensable.
(3) The Customer shall indemnify the Provider against all third-party claims asserted against the Provider as a result of a culpable breach of the foregoing obligations. The indemnity covers the necessary costs of reasonable legal defence.
Section 8 Authenticity of Reviews and Signals
(1) The Provider employs the following procedures to technically limit manipulation:
a) Geo-Verification
When a QR code is scanned, the location information provided by the device is checked against the stored coordinates of the Location.
b) Cryptographic Signature
Each Review is signed with Ed25519 (RFC 8032) prior to storage. In addition, a quantum-resistant signature with Falcon (FIPS 206 Draft) and/or ML-DSA (FIPS 204 final) is applied, the level of which depends on the Plan booked. Each signing key is anchored to the Bitcoin blockchain via OpenTimestamps. Authenticity and timing can thereby be verified independently of the Provider by third parties.
c) Reception Display
As of the "Reviews Classic" Plan, a tablet on site generates rotating one-time QR codes with a short lifetime. Reviews submitted via this procedure bear the "Display-verified" marker.
(2) The foregoing procedures technically limit the possibility of manipulation.
Absolute authenticity of individual Reviews or Signals cannot be technically guaranteed; in particular, Reviews submitted on site by the Customer's own staff or persons close to them cannot be technically distinguished from end-customer Reviews.
The Provider does not assume any guarantee in the sense of § 443 BGB in this respect.
(3) The Customer undertakes not to circumvent the authenticity verification mechanisms, not to manipulate them, and not to incite third parties — in particular employees and family members — to circumvent them. Breaches entitle the Provider to extraordinary termination pursuant to Section 6 paragraph 5 number 3.
Section 9 Reporting and Moderation of Illegal Content (Article 16 DSA)
(1) Any natural or legal person may submit content to the Provider for review which, in their opinion, is illegal or violates the Platform rules, via the "Report Review" function available in the customer account as well as via the reporting address stated in the imprint.
(2) The report should contain the following information:
- a sufficiently substantiated explanation of why the reporting person considers the content to be illegal;
- a clear indication of the electronic storage location of the content, in particular the URL;
- the name and email address of the reporting person, except in the case of content related to §§ 184b and 184c StGB;
- a declaration that the information is, to the best of the reporter's knowledge and belief, accurate and complete.
(3) The Provider shall confirm receipt of the report without undue delay and shall decide promptly, diligently, free of arbitrariness and objectively on further action. Reviews shall be removed in particular if they
- contain insulting, discriminatory or criminal content;
- assert factual statements that are demonstrably untrue; or
- were evidently created without any actual customer contact.
(4) The Provider shall inform the reporting person in a clear and specific statement of reasons within the meaning of Article 17 DSA of the decision and of the legal remedies available.
A direct notification of the author of the affected Review does not take place: for reasons of data minimisation pursuant to Article 5(1)(c) GDPR, the Provider does not collect any identification or contact data of reviewers; individual addressing is therefore technically impossible.
The transparent presentation of the moderation principles in these Terms and in the public Platform rules takes the place of an individual notification.
(5) A blanket pre-censorship of Reviews does not take place. Objective criticism is preserved regardless of the review result.
Section 10 Restriction, Suspension and Termination of Services (Article 4 P2B Regulation)
(1) The Provider shall be entitled to restrict, suspend or terminate individual services or the Customer's Listing as a whole if
- the Customer breaches these Terms, applicable law or the Platform rules;
- legitimate security or integrity interests of the Platform so require; or
- the entry is maintained under the free "Reviews Basic" Plan; no further statement of reasons is required in that case.
(2) In the case of a restriction or suspension, the Provider shall transmit to the Customer, prior to or simultaneously with effect, a statement of reasons in text form indicating the specific facts and circumstances — including third-party content — that led to the decision, unless a statutory obligation precludes this.
(3) In the case of a complete termination of the contract by the Provider, the statement of reasons shall be issued at least thirty days before the effective date, unless
- there is a statutory or regulatory obligation for immediate termination;
- the Provider demonstrates a legitimate interest in immediate termination due to repeated breaches of these Terms; or
- immediate termination is required for compelling reasons.
(4) The Customer may contest the termination through the internal complaint management system pursuant to Section 17 as well as via out-of-court dispute resolution pursuant to Section 17 paragraph 4. At the Customer's request, the Provider shall hand over to them the content that contributed to the termination in machine-readable form, provided that no statutory or contractual third-party rights preclude this.
Section 11 Ranking and Differentiated Treatment (Articles 5 and 7 P2B Regulation)
(1) The order in which Listings are displayed in search results and list views of the Platform ("Ranking") is essentially determined by the following main parameters:
- Substantive relevance to the search query and to the directory category called up — for example, correspondence of company name, category and location.
- Plan level of the Customer — higher Plan levels may be prioritised in teaser areas and category views, without distorting the plausibility of search results.
- Review trust score — in particular the number and authenticity markers of the existing Reviews ("Display-verified", quantum-resistantly signed, Bitcoin-anchored).
- Currency and completeness of the Listing — well-maintained address, category and contact data.
- Geographical proximity to the presumed location of the searching person, where identifiable.
(2) A detailed, continuously updated description of the Ranking parameters and their relative weighting is available on the Platform's ranking transparency page at /legal/ranking-transparency. Material changes shall be announced there and in the customer account at least 15 days before they take effect, in accordance with Article 5(5) P2B Regulation.
(3) The Provider shall not treat its own content and the content of affiliated undertakings more favourably than that of other Customers in the Ranking, unless there is an objectively justified reason; any difference shall be disclosed within the meaning of Article 7 P2B Regulation.
Section 12 "Signals" Module — Sector-Specific Provisions
(1) The "Signals" Module is aimed exclusively at care facilities and supports the structured capture of feedback from day-to-day care operations via six predefined categories.
(2) As controller within the meaning of Article 4(7) GDPR, the Customer is obliged to provide suitable notices pursuant to Article 13 GDPR at the location where the QR codes are displayed, informing residents, relatives and staff about the data processing.
(3) Signals are captured anonymously; assignment is made solely via the Capture Unit (e.g. room, bed, ward, residential group or building). The Provider does not obtain any personal reference to residents or patients.
(4) Insofar as the Customer transmits personal data to the Platform as part of the task workflow — for example by assigning tasks to employees by name — a separate data processing agreement pursuant to Article 28 GDPR shall be concluded for this purpose. The Provider shall provide the template agreement on request.
Section 13 Use of AI and Automated Processing
(1) For purposes of efficiency, multilingualism and analysis of the Platform functions, the Provider may employ the following automated procedures:
a) Machine speech recognition in the "Signals" Module
Authorised employees of the Customer may capture status and completion notifications for tasks by voice. The voice recording is automatically converted into text via a processor; the audio data is deleted without undue delay after successful transcription.
b) Machine translation
Content of public company profiles as well as editorial Platform texts may be automatically translated into further languages and displayed multilingually. For this purpose, the Provider uses translation services established in the European Union.
c) Statistical and AI-supported analyses
The Provider may provide statistical and AI-supported analyses on the data captured in the "Signals" Module. These are performed exclusively at aggregated level — in particular Location, residential area, shift or signal category — with a technical minimum aggregation value that excludes conclusions about individual persons. In the case of multi-location contracts, the analyses may be presented in aggregated form across locations; the minimum aggregation value also applies in the respective drill-down views per Location, residential area or shift. A personal performance or behaviour evaluation of the Customer's employees does not take place; the Platform is not designed as an instrument within the meaning of Annex III No. 4(b) of Regulation (EU) 2024/1689 ("AI Act").
Co-determination rights of the works council or a corresponding employee representation of the Customer — in particular § 87 Abs 1 Nr 6 BetrVG — shall remain unaffected; their exercise is the responsibility of the Customer.
d) Conversational assistant (chatbot)
The Provider may provide an AI-supported conversational assistant on the Platform for answering general questions on Platform use. Before the start of each interaction, the user is informed pursuant to Article 50(1) AI Act that they are interacting with an AI system. Responses from the assistant do not constitute legal, tax, health or nursing-professional advice and do not replace professional or medical information.
e) AI-supported ranking optimisation
The Provider reserves the right to additionally support the Ranking of Listings described in Section 11 in future by means of a machine learning model trained on aggregated search queries and the click behaviour of Platform users. In this case, exclusively a model operated by the Provider itself within the European Union on an aggregated data basis without personal reference to searching persons shall be deployed.
The material main parameters and their relative weighting pursuant to Article 5 P2B Regulation shall be disclosed continuously on the Provider's ranking transparency page (see Section 11 paragraph 2); a material change of the Ranking procedure shall be announced to the Customer pursuant to Section 18 paragraph 1.
(2) All procedures referred to in paragraph 1 exclusively transcribe, translate, aggregate, generate or optimise; they do not make any automated individual decisions with legal effect or similarly significant impact on the Customer or its employees within the meaning of Article 22 GDPR.
(3) The Customer shall ensure that during the voice capture pursuant to paragraph 1 letter a, no identifying data of third parties — in particular real names, dates of birth, diagnoses or findings — is dictated. The Customer shall instruct its staff accordingly in a suitable manner. Section 7 paragraph 3 (indemnification of the Provider) shall apply accordingly.
(4) Insofar as any of the foregoing procedures would be classified as a "high-risk AI system" within the meaning of Article 6 AI Act upon later assessment, the Provider shall subject it to a conformity assessment pursuant to Article 43 AI Act prior to commissioning; until then, the respective procedure shall not be activated.
Section 14 Availability and Maintenance
(1) The Provider strives for an average annual availability of 99.5 per cent of the essential Platform functions. Availability is measured on an annual average at the Provider's seat.
(2) Planned maintenance windows shall be announced in the customer account at least 48 hours in advance and shall, where possible, be carried out outside usual business hours — between 22:00 and 06:00 CET/CEST.
(3) Outages due to force majeure, targeted attacks (in particular DDoS), disruptions outside the Provider's area of responsibility (in particular internet providers and third-party hosting infrastructure) as well as maintenance windows pursuant to paragraph 2 are not included in the availability commitment.
Section 15 Liability
(1) The Provider shall be liable — regardless of the legal basis — without limitation for
- damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider, one of its legal representatives or vicarious agents;
- other damages based on an intentional or grossly negligent breach of duty by the Provider, one of its legal representatives or vicarious agents;
- damages caused by the absence of a guarantee expressly assumed by the Provider;
- damages to be compensated under the Product Liability Act.
(2) For slightly negligently caused damage to property and financial loss, the Provider shall be liable only in the event of a breach of a material contractual duty (cardinal obligation). Material contractual duties are those whose fulfilment is essential for the proper performance of the contract and on whose observance the Customer may regularly rely. In this case, liability shall be limited to the damage foreseeable at the time of contract conclusion and typical for the contract.
(3) The foreseeable damage typical of the contract within the meaning of paragraph 2 generally corresponds to the remuneration owed by the Customer for the Plan and location concerned in the twelve months preceding the event giving rise to the damage. The Customer remains free to prove higher damage and the Provider to prove lower damage.
(4) Otherwise, the Provider's liability is excluded.
(5) For the loss of data, the Provider is liable in accordance with the preceding paragraphs only up to the expenditure that would have been necessary to restore the data had the Customer backed it up properly and regularly. The Customer is expected to back up the data it enters at appropriate intervals.
(6) For services provided free of charge — in particular the Plans "Reviews Basic" and "Signals Basic" — the Provider is liable, by way of derogation from paragraph 2, only for intent and gross negligence. Paragraph 1 remains unaffected.
(7) The Provider is not responsible for content posted on the Platform by users or third parties, in particular Reviews and Signals; its responsibility is governed by Article 6 of Regulation (EU) 2022/2065. Liability arises only once the Provider obtains knowledge of unlawful content and fails to remove it or disable access to it expeditiously. The notice and action procedure is governed by Section 9.
(8) The availability stated in Section 14 paragraph 1 is an undertaking to use best efforts and not a guarantee within the meaning of paragraph 1 number 3.
(9) Claims of the Customer for damages become time-barred after one year from the statutory commencement of the limitation period. This does not apply to claims under paragraphs 1 and 2; the statutory limitation periods apply to those.
Section 16 Data Protection
(1) Details of the processing of personal data by the Provider are set out in the Privacy Policy in its respectively valid version.
(2) Insofar as the Provider processes personal data on behalf of the Customer, the parties shall conclude a separate data processing agreement pursuant to Article 28 GDPR. The Provider shall provide the template agreement on request.
Section 17 Internal Complaint Management and Out-of-Court Dispute Resolution (Articles 11 and 12 P2B Regulation, Article 21 DSA)
(1) The Provider maintains an internal system for handling complaints, which is accessible to the Customer free of charge and without unreasonable effort. Complaints may be submitted via the customer account under "Support" as well as in writing or by email to info@mcgesund.de.
(2) Covered are, in particular, complaints regarding
- the fulfilment of the Provider's obligations under these Terms, the P2B Regulation or the DSA;
- the treatment of the Customer, including measures pursuant to Section 10;
- technological problems significantly affecting the provision of the Platform services; and
- measures or behaviour of the Provider that significantly affect the Customer.
(3) The Provider shall examine complaints carefully, promptly and transparently. The result shall be communicated to the Customer in a clear and comprehensible form. The Provider shall inform on the Platform annually about the total number of complaints submitted, the main reasons and the average processing time.
(4) For the out-of-court resolution of disputes between the Provider and Business Customers within the meaning of Article 12 P2B Regulation and Article 21 DSA, the Provider designates the following mediators or certified out-of-court dispute resolution bodies:
Deutsche Institution für Schiedsgerichtsbarkeit e.V. (DIS)
Beethovenstraße 5–13, 50674 Köln
www.disarb.org
Centre for Effective Dispute Resolution (CEDR)
100 St. Paul's Churchyard, London EC4M 8BU, United Kingdom
www.cedr.com
(5) Recourse to out-of-court dispute resolution is voluntary and does not replace the legal remedy. Costs shall be shared between the parties in accordance with the rules of procedure of the body chosen.
Section 18 Amendments to These Terms (Article 3(2) P2B Regulation)
(1) The Provider shall be entitled to amend these Terms with a notice period of at least fifteen days before the planned effective date. In the case of amendments requiring significant technical or organisational adjustments on the part of the Customer, the notice period shall be extended appropriately, but at least to six weeks.
(2) The amendments shall be communicated to the Customer in text form — in particular by email and by notice in the customer account.
(3) If the Customer does not object to the amendment in text form within the respective notice period, the amendment shall be deemed approved. The Provider shall specifically point out this consequence in the amendment notice.
(4) If the Customer objects in good time, the Provider shall be entitled to terminate the contractual relationship ordinarily with effect from the planned effective date of the amendment.
Section 19 Language and Binding Version
(1) These Terms are drafted in the German language and, where applicable, translated into further languages and made available for information purposes.
(2) The German version alone shall be authoritative for the content and interpretation of these Terms. In the event of discrepancies between the German version and a version in another language, the German version shall prevail.
Section 20 Final Provisions
(1) The contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Sales Convention. Mandatory consumer-protection provisions or other mandatory provisions of the law of the Customer's habitual residence or seat shall remain unaffected insofar as they constitute overriding mandatory provisions pursuant to Article 9 of the Rome I Regulation.
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Bad Homburg, provided that the Customer is a merchant, a legal person under public law or a special fund under public law. This jurisdiction agreement is made in accordance with Article 25 of Regulation (EU) No 1215/2012 (Brussels Ia Regulation). The Provider shall additionally be entitled to sue the Customer at the Customer's general place of jurisdiction.
(3) Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. The relevant statutory provision shall take the place of the invalid or unenforceable provision. The same shall apply to any gaps in regulation.
(4) Amendments and supplements to this contract require text form. This shall also apply to the cancellation of this text form requirement.
Provider
Organon Informationssysteme GmbH
Karlstraße 31
63571 Gelnhausen
Contact
info@mcgesund.de · Tel. +49 (0) 69 9043 1680
Register
VAT ID DE114153271 · Commercial Register Amtsgericht Bad Homburg v.d.H. HRB 8252
gültig ab 28.04.2026