Partner terms for practices, pharmacies, studios and shops

1. Who these terms are between

These terms are a contract between you, the partner, and BSNS GmbH, a limited liability company under Swiss law, Birkenstrasse 47, 6343 Rotkreuz, Switzerland, UID CHE-213.120.212 ("Baku", "we", "us"). If you act for an organisation, such as a practice, a clinic or a shop, you confirm that you may agree to these terms on its behalf.

You become a partner when you request a kit or a partner code, on our website or by email, and we confirm it. We may decline a request without giving reasons. Anything different we agree with you is confirmed in writing (an email is enough).

2. Two kinds of partners

• Healthcare partners: doctors, psychotherapists, psychologists, midwives and other health professionals, their practices, clinics, and pharmacies.
• Studios and shops: yoga and meditation studios, sleep and mattress shops, wellness businesses, coaches and similar businesses that are not healthcare providers.

If you are both, for example a therapist who also runs a yoga studio, the rules for healthcare partners apply to you.

3. What partners receive

• A printed kit, free of charge. Depending on the kit: cards to hand out, a poster, a table stand, or, for practices, a recommendation pad with the rewrite worksheet, together with a short note on how Baku works alongside care. Cards, posters and stands carry a QR code that leads to Baku with your partner code, at baku.care/c/ followed by your code. We currently send kits to addresses in Switzerland, Germany and Austria. A kit usually leaves us within five working days, and we send more cards on request while stocks last. We may limit quantities.
• A partner code, if you want one. People who use your code receive the offer we set for it. Where we offer it, this is a longer free trial of Baku Plus, at the moment two weeks instead of the usual seven days. We may change the offer for people who join later, and tell you in advance.
• Information about Baku, how it works and the research behind it, on baku.care/science and in the kit.

You never pay us anything for the kit, the code or anything else under these terms.

4. Healthcare partners: no commission and no other benefit

Healthcare partners receive no commission, fee, discount, gift or other advantage for recommending Baku, for displaying or handing out the kit, or for anyone using their code. The kit is information material for the people you see; the benefit of the code goes only to them. We enforce this in our systems: commission for healthcare partners is fixed at zero.

We do this so that every recommendation of Baku stays free of financial interest, and patients can trust it. Professional rules and anti-corruption laws in healthcare require this in many cases, for example sections 299a and 299b of the German Criminal Code (StGB), which prohibit granting or accepting advantages for preferring a provider when referring patients, the rules on integrity in the Swiss Therapeutic Products Act and Health Insurance Act, and the professional codes for doctors, psychotherapists and pharmacists in Switzerland, Germany and Austria. We apply this rule to all healthcare partners, whether or not a particular law applies to them. Please also follow the rules of your own profession when you recommend Baku, for example on advertising in your practice.

5. Studios and shops: commission

Studios and shops may earn a commission on the proceeds Baku receives from people who joined with their code, for each person's first 12 months, and from gifts bought through their gift link (baku.care/gift?via= followed by the code). The rate is the one we agree with you in writing; our standard rate for studios and shops is currently 20%.

How commission is calculated and paid follows sections 5 to 8 and 10 of our creator terms: what counts, how proceeds are measured, refunds, the 30-day hold, payouts by bank transfer, and taxes. Instead of a stats page, we tell you the numbers behind each payout.

If you write about Baku online while you earn commission, mark it as advertising and follow the content rules, as set out in sections 11 and 12 of the creator terms.

6. Baku complements care, and never replaces it

Baku is a wellness app that helps people work with bad dreams and get through the night. It is not a medical device. It does not diagnose, treat or cure anything, and it does not replace a doctor, psychotherapist or any other professional care. When you mention Baku, present it as something that can accompany care, and never as a treatment, a therapy or a reason to delay seeing a professional. Your professional decisions remain entirely yours.

7. What partners must not do

• No treatment claims. Do not describe Baku as a treatment, therapy, diagnosis or medical device, do not promise results, do not prescribe it on a prescription form, and do not bill it to health insurance.
• No patient or customer data. Never enter anyone's name, contact details or health information in Baku, and never send such data to us. Baku gives professionals no access to anyone's entries, and you should not ask people to show you theirs.
• No sign-ups on someone's behalf. Do not create accounts, enter codes or start trials on anyone's behalf. Each person decides for themselves, on their own device.
• No pressure. Using Baku must stay a free choice, and care must never depend on it.
• No changes or sales. Do not alter, copy or sell the kit materials, and do not offer codes in exchange for anything.

8. Privacy of the people you see

We never tell you who used your code, and we never ask you for anyone's personal data. If you ask, we can tell you how many people have used your code; these are counts only, and counts under five are shown as "fewer than five", so that no one can be recognised. For healthcare partners we never report money.

Each of us is responsible, as an independent controller, for the personal data we process: you for your patients and customers, and we for the people who use Baku. We process your own details (contact person, organisation, profession, delivery address, email address and, for studios and shops, payout details) to send kits, manage your code and stay in touch, as set out in our privacy policy.

9. Using the Baku brand and the kit materials

We give you a simple, non-exclusive, non-transferable licence, free of charge, to display the kit materials in your premises and to use any digital versions we provide on your website or social media accounts, with the link and code unchanged. Do not change the Baku name, the logo or the materials, and do not suggest that Baku endorses your services. If we update a kit, we may ask you to replace outdated materials. The licence ends when the partnership ends.

10. Your name on our materials

We name you publicly as a partner, for example on our website, in press material or on social media, or print your name on kit materials, only with your prior written consent. You can withdraw that consent at any time for the future; we then remove your name from our channels and stop using it on new materials.

11. Ending the partnership

Either of us can end the partnership at any time by email, without notice. Your code then stops working for new people; people who already used it keep what they received. If we ask, please remove the kit materials from your premises and your channels. For studios and shops, commission after the end follows section 18 of the creator terms. We may end the partnership immediately and ask you to remove the materials if you seriously breach these terms.

12. Responsibility

Each of us is liable without limitation for intent and gross negligence, and for personal injury where the law does not allow a limitation. Otherwise, to the extent the law permits, neither of us is liable for slight negligence or for indirect or consequential damage, such as lost profit.

We are responsible for the content of the kit materials. You are responsible for how you recommend Baku, for your professional decisions, and for complying with these terms and the rules of your profession.

13. Changes to these terms

We may change these terms for good reasons, such as new legal requirements or changes to our partner programme. We tell you by email at least 30 days before a change takes effect. If you do not agree, you can end the partnership at any time.

14. Applicable law and courts

These terms are governed by Swiss law, without its conflict-of-laws rules. The courts at Zug, Switzerland, have jurisdiction. Mandatory provisions of the law of the country where you are established remain unaffected.

15. Contact

Questions about kits, codes and these terms: hello@baku.care, or BSNS GmbH, Birkenstrasse 47, 6343 Rotkreuz, Switzerland.