General Terms and Conditions

1. Scope

These General Terms and Conditions ("Terms") apply to all contracts for the use of the "Podologix" software between Mario Günther ("Provider") and its customers ("Customer"). Podologix is aimed at podiatry and foot care practices that use the software in the course of their commercial or self-employed professional activity (business customers within the meaning of § 14 of the German Civil Code, BGB).

2. Conclusion of Contract

The free 14-days trial can be used without concluding a contract and without payment details. A paid contract is concluded when the Customer selects a paid plan in the app and completes the order through the payment service provider; the Provider confirms this by activating the plan and sending a confirmation by email. Alternatively a licence can be requested via the contact form and purchased by invoice – in that case the contract is concluded when the licence code is sent.

3. Description of Services

Podologix is practice management software for managing customers, appointments, treatments, and foot assessments with local data storage, end-to-end encryption, and optional multi-device synchronization. The specific scope of features depends on the plan booked (Demo, Full Version, Practice Package) as described in the current pricing overview at podologix.de.

4. Pricing & Payment

The prices published on the website at the time the contract is concluded apply. The Provider applies the small business regulation under Section 19 of the German VAT Act (UStG); the prices shown are final prices, no VAT is shown separately. The Full Version is billed monthly; individual Practice Packages are agreed separately. Payment is made through the payment service provider offered in the app (currently PayPal) or – when purchased via the contact form – by invoice.

5. Term & Termination

Paid licenses billed monthly run for an indefinite period and may be terminated by either party with 30 days' notice to the end of a month, unless otherwise agreed in an individual case. Lifetime licenses, once purchased, are unlimited in time and not subject to termination. After the contract ends, the app switches to a read-only mode; data stored locally remains available to the Customer and can be exported at any time. Termination of the contract does not in itself delete the stored customer and treatment data. That data remains until the Customer deletes it or has the account deleted under Section 5.1. Termination and account deletion are therefore two separate procedures.

5.1 Deletion of the account

Independently of the termination described in paragraph 1, the Customer may delete their Podologix account at any time – in the app under Settings → Delete account or via the Delete account page, even without the app installed. Deleting the account is not the same as terminating the contract and has more far-reaching consequences:

• After confirmation, the deletion is scheduled 14 days ahead. During this period the account remains fully usable and the Customer may cancel the deletion at any time via the corresponding notice in the app.
• Once this period expires, all customer, treatment, prescription and appointment data as well as stored images are permanently deleted. The read-only mode with access to previous data described in paragraph 1 is then no longer available. As the data is end-to-end encrypted, recovery is impossible even for the Provider. Customers are strongly advised to create a backup using the app's export function before deleting.
• Any active subscription is automatically ended as part of the deletion. To that extent, deleting the account also constitutes termination; the notice period under paragraph 1 does not apply, as the Customer forgoes further use by deleting the account themselves. Fees already paid for the current billing period are not refunded on a pro-rata basis.
• In the case of a lifetime license, access to the associated data ends when the account is deleted. There is no claim to a refund of the purchase price, as the deletion is based on a free decision by the Customer.
• Invoice and payment data continues to be stored due to statutory retention obligations (in particular § 147 AO, § 257 HGB). It contains no patient data. Further details are set out in the Privacy Policy.

6. Right of Withdrawal for Consumers

Podologix is aimed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB); no statutory right of withdrawal applies to them. If, exceptionally, a consumer (Section 13 BGB) concludes a paid contract, the following notice applies.

Withdrawal Notice

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Mario Günther, August-Bebel-Str. 23, 08645 Bad Elster, Germany, email: info@podologix.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model Withdrawal Form

7. Usage Rights

The Provider grants the Customer a simple, non-transferable, non-sublicensable right to use Podologix for the contract term within the agreed scope (number of devices/users per plan). Sharing login credentials or license codes with third parties is not permitted.

8. Customer Obligations

• The Customer is responsible for the accuracy of the data entered into Podologix.
• The Customer is responsible for the secure safekeeping of their password and backup key. Losing both may result in permanent loss of access to encrypted data.
• If the Customer processes health data of their patients via Podologix, they are the data controller under data protection law for that processing (see Privacy Policy, section on data processing on behalf).

9. Availability & Maintenance

Podologix is designed offline-first; core functionality is available regardless of server availability. An internet connection is required for synchronization and licensing features. The Provider strives for high availability of its server services but does not guarantee any specific uptime unless individually agreed otherwise. Maintenance windows will be announced where possible.

10. Liability

The Provider is liable without limitation for intent and gross negligence, and under the German Product Liability Act. In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded. Liability for data loss is limited to the typical recovery effort that would have been required had the Customer performed regular data backups.

11. Data Protection

The Privacy Policy applies to the processing of personal data. If the Customer processes third-party health data via Podologix, entering into a separate data processing agreement is recommended (see there).

12. Changes to these Terms

The Provider may change these Terms with effect for the future insofar as this is necessary to adapt to changed legal requirements, case law, or technical circumstances. The Customer will be informed of material changes by email in good time.

13. Final Provisions

The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is the Provider's registered place of business. Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected.