Terms & Conditions

Sapiens Health & Performance GmbH. Version 1.3, last updated 29 August 2026.

§ 1 Scope, parties, definitions

1.1 These terms govern all contracts concluded through be-sapiens.com between Sapiens Health & Performance GmbH, Dinxperloer Straße 365, 46399 Bocholt, Germany ("Sapiens", "we") and you.

1.2 A consumer is any natural person who enters into the contract for purposes predominantly outside their trade, business or profession (§ 13 BGB).

1.3 Our shop is aimed at individuals. You may ask for your invoice to be issued to your company, and we will do so if you give us the company details and, where applicable, a valid VAT identification number.

1.4 If you order in the course of your trade, business or profession, you are an entrepreneur within the meaning of § 14 BGB. In that case the consumer provisions of these terms do not apply to you, including § 8 and Annex 1, and you have no statutory right of withdrawal. Asking for a company invoice does not by itself make you an entrepreneur. What matters is the purpose of your order.

1.5 Larger organisational and employer programs are contracted separately in writing and are not governed by these terms.

1.6 Conflicting or supplementary terms of yours do not become part of the contract unless we agree to them in writing.

§ 2 Language, eligibility and where we deliver

2.1 The contracting language is English. The English version of these terms is the only binding version.

2.2 Our website may display these terms in other languages through automated machine translation. Those translations are provided for convenience only. They are not checked by us, they are not part of the contract, and they are not binding. If a machine translation differs from the English text, the English text applies. The German withdrawal instruction in Annex 3 is an exception: it is a human translation and is provided for German-resident consumers alongside the English instruction in Annex 1.

2.3 You must be at least 18 years old to order. Our services are not offered to minors.

2.4 We deliver throughout the European Union, and to many countries in North America, the Middle East and Asia. The countries we can currently deliver to are shown at checkout. If we cannot deliver to your country, you will see this before you place your order.

2.5 We may decline or cancel an order where we cannot deliver lawfully in your country of residence, where regulatory requirements would classify the offering differently there, or where shipping of sample kits is restricted. If we decline, you pay nothing and any payment already made is refunded in full within 14 days.

§ 3 Conclusion of contract

3.1 The presentation of programs and individual services on our website is not a binding offer. It is an invitation to you to place an order.

3.2 By clicking the order button, which is labelled "zahlungspflichtig bestellen" or an equivalent unambiguous wording, you submit a binding offer.

3.3 The contract is concluded when we accept your offer by separate confirmation in text form, or at the latest when we dispatch your diagnostic kit. An automated acknowledgement of receipt is not yet an acceptance.

3.4 We store the contract text and send it to you with the order confirmation, together with these terms and the withdrawal instruction, on a durable medium.

§ 4 Our services

4.1 What is included in your program is set out on the program page and in your order confirmation. The order confirmation prevails.

4.2 Programs currently offered:

4.3 We also offer individual services, which can be booked on their own or added to a program:

4.4 Everything we sell is a service. Each program and each individual service is a contract for the provision of services. Sample collection materials, wearables and monitors are provided to you as the means by which we perform that service. They are not sold to you as goods, and title to devices provided on loan remains with us. Where mandatory consumer law nevertheless treats a component supplied to you as goods, the provisions in these terms that refer to goods apply to that component in the alternative.

4.5 Wellness scope. Sapiens is a wellness and coaching service, not a medical service. We do not diagnose disease, we do not treat, we do not prescribe. Your report is not a medical diagnosis and does not replace examination, diagnosis or treatment by a physician of your choice.

4.6 Role of our physicians. The people who read your report with you are licensed medical doctors. Within Sapiens they work as health coaches: they interpret your measurements, explain the physiology and design your protocol. They do not diagnose, treat, prescribe, issue sick notes, provide emergency care or give clinical clearance. No physician-patient treatment relationship (Behandlungsvertrag under § 630a BGB) is established through your Sapiens program. Where medical care is needed, it is provided by a licensed physician of your choice, outside Sapiens.

4.7 Collection materials and devices. The sample collection materials and measurement devices we provide carry a CE marking where such marking is required for them, and we use them within their stated intended purpose. We use them for stress, recovery and lifestyle monitoring. We do not use them to detect, diagnose or monitor disease, and we do not issue medical alerts, diagnostic statements or treatment guidance based on their output.

4.8 No promise of a result. We owe you the diligent performance of the services described, not a particular health, performance or biomarker outcome. Individual responses vary. Any figures we publish describe observed group averages and are not a commitment to you.

4.9 We use qualified subcontractors, including partner laboratories and technology providers. We remain your contractual partner. Details of who processes what are set out in our privacy policy.

4.10 We may make minor changes to devices, laboratories or the composition of a panel where this does not reduce the agreed scope. If a change would materially reduce what you bought, we will inform you and you may cancel that component against refund.

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§ 5 Prices, payment and how your price is made up

5.1 All prices are total prices in Euro and include the applicable statutory VAT.

5.2 Deliveries outside the European Union carry a shipping surcharge, shown before you order.

5.3 Payment is due in full on conclusion of the contract, unless a payment plan is expressly agreed in your order confirmation. We accept the payment methods shown at checkout. Card payments are processed by Stripe.

5.4 For deliveries outside the European Union you are the importer. Customs duties, import VAT and handling fees charged by your local authorities or carrier are your responsibility and are not included in our price.

§ 6 Kit delivery and timing

6.1 We dispatch your diagnostic kit within 48 to 72 hours of contract conclusion. We aim for 24 hours but cannot guarantee it. Transit times depend on the destination.

6.2 If a kit arrives damaged or incomplete, tell us and we replace it at no cost to you.

6.3 Laboratory results are made available within approximately two weeks after your samples reach the laboratory. This is an estimate, not a fixed deadline, and depends on shipping and laboratory throughput.

§ 7 Your obligations

7.1 You provide accurate information in the onboarding questionnaire and self-assessments. The value of your report depends on it.

7.2 You follow the sampling instructions supplied with the kit. Samples collected outside the instructions may not be analysable. Where a sample fails for reasons within your control, a repeat kit may be charged separately.

7.3 Health and safety. Do not use the sample collection materials if you have a bleeding disorder, take anticoagulant medication, have a skin condition or infection at the collection site, or if a physician has advised against it. If you are pregnant, breastfeeding, under medical treatment, or take prescribed medication, speak to your treating physician before starting. Our service does not replace and must not delay any medical treatment.

7.4 Our reports, protocols and materials are for your personal use. You may not resell, publish or commercially exploit them.

§ 8 Cancellation, right of withdrawal and refunds

8.1 Two separate rights

8.1.1 You have two independent routes to end this contract. They run in parallel and you may rely on whichever is more favourable to you.

8.1.2 Your statutory right of withdrawal under §§ 355, 312g BGB. It lasts 14 days and is set out in full in Annex 1. Nothing in these terms limits, shortens or attaches a charge to it.

8.1.3 Our Voluntary Cancellation under 8.2. This is an additional right we grant you by contract, on the conditions set out there. It exists alongside your statutory right, not instead of it.

8.2 Voluntary Cancellation

8.2.1 You may cancel your order without giving reasons if all of the following are true at the moment your cancellation reaches us:

(a) not more than 28 days have passed since you placed your order,

(b) the tamper-evident seal on your diagnostic kit has not been removed,

(c) your onboarding call has not taken place, and

(d) your onboarding call is not scheduled to begin within the next 48 hours.

8.2.2 To cancel, send us an unambiguous statement by email to support@be-sapiens.com. Your order number is enough. We confirm receipt in text form without undue delay.

8.2.3 If a kit has already reached you, return it unopened, complete and in its original packaging, at your own cost and risk, within 14 days of sending your cancellation. Please keep proof of dispatch.

8.2.4 We refund within 14 days of the returned kit reaching us, using the same payment method you used. We charge no cancellation, handling or restocking fee. If no kit has been dispatched to you, we refund within 14 days of your cancellation.

8.2.5 The Voluntary Cancellation does not take effect if the kit is not returned within 14 days, or if it reaches us opened, incomplete or damaged beyond normal transit wear. Your statutory right of withdrawal is unaffected by this.

8.2.6 If we have already provided you with a component listed in § 5.5 before you cancel, we deduct the price of that component and refund the balance. We will not charge you for anything not yet delivered.

8.2.7 Your program is personal to you. It cannot be transferred, resold or assigned to another person, before or after it starts.

8.3 When the Voluntary Cancellation ends

8.3.1 The right under 8.2 ends automatically on the earliest of the following:

(a) 28 days after the date of your order,

(b) the moment you remove the seal on your diagnostic kit,

(c) the start of your onboarding call, or

(d) 48 hours before the scheduled start of your onboarding call.

8.3.2 The seal carries a printed notice to this effect. Before you open it, nothing is decided. After you open it, the kit cannot be returned or reused for reasons of health protection and hygiene.

8.3.3 This does not affect your statutory rights in the event of defects, nor your right to terminate for good cause, nor, for the programs under 8.5, your right of termination under § 627 BGB.

8.4 Your statutory right of withdrawal

8.4.1 Your 14-day statutory right of withdrawal applies independently of 8.2 and 8.3 and is not shortened by them. It is set out in Annex 1.

8.4.2 To the extent a sealed sample-collection component supplied to you is treated as goods, your right of withdrawal in respect of that component expires early when you remove the seal, because it is then not suitable for return for reasons of health protection or hygiene (§ 312g Abs. 2 Nr. 3 BGB). This is drawn to your attention before you order, in Annex 1, and on the seal itself.

8.4.3 Your right of withdrawal in respect of the services expires when we have performed them in full, provided that before we began you expressly consented to us starting before the withdrawal period ended and confirmed that you understood your right of withdrawal would expire on full performance (§ 356 Abs. 4 BGB).

8.4.4 If you gave that consent and then withdraw before full performance, you owe us a proportionate amount for the services already performed up to the point at which you notified us (§ 357 Abs. 8 BGB). The proportion is calculated using the component prices in § 5.5. Where a component has been performed in full, its price is charged in full.

8.5 Programs with a term (Momentum, Resilience)

8.5.1 Momentum runs for 6 months and Resilience for 12 months, in each case from the date of your first physician consultation. Neither renews automatically. The contract ends at the end of the term.

8.5.2 You may terminate your program at any time under § 627 BGB, without notice and without giving reasons. You can do this through the cancellation button on our website, which is permanently available and directly accessible (§ 312k BGB), or in text form to support@be-sapiens.com.

8.5.3 On termination under 8.5.2 we are entitled to remuneration for the components already delivered (§ 628 Abs. 1 BGB), calculated using the component prices in § 5.5. Diagnostics already carried out, reports already delivered and consultations already held count as delivered in full. Monthly coaching sessions and chat support are charged for the months already elapsed.

8.5.4 The discount described in § 5.6 is granted in return for the full term. If you end your program early, that discount falls away in proportion to the part of the term not completed, and the difference is deducted from your refund. The total charged never exceeds what you have paid. We refund the balance within 14 days of your termination taking effect.

8.5.5 Your program is personal to you. It cannot be transferred, resold or assigned to another person, and it cannot be paused and resumed except by written agreement with us.

8.5.6 Both parties may terminate for good cause at any time. Your statutory rights are unaffected.

8.6 Appointments

8.6.1 You may reschedule a consultation free of charge up to 72 hours before it starts, by email to support@be-sapiens.com.

8.6.2 If you reschedule later than 72 hours before the appointment, cancel it, or do not attend, the appointment counts as one of the consultations included in your program and is treated as delivered. We charge no separate no-show fee. We may offer you a replacement slot as a goodwill gesture, but we are not obliged to do so.

8.6.3 We may move an appointment where there is a good operational reason, for example illness or unavailability of the physician. This happens only in exceptional cases. We then offer you a replacement slot within 10 working days. No fee, compensation or reduction is owed to you for a rescheduling by us. If we are ultimately unable to deliver a component at all, your statutory rights apply.

8.7 Customers outside the EU

8.7.1 The Voluntary Cancellation under 8.2 applies in every country we deliver to, on identical terms. Return costs are yours in every case.

8.7.2 If the consumer protection law of your country of habitual residence gives you rights that cannot be excluded by agreement, those rights are unaffected by these terms.

§ 9 Results and reports

9.1 Your report presents wellness markers against wellness-oriented reference ranges. A value outside a range is a signal to look at, not a diagnosis.

9.2 If a result or an answer you give us suggests something that belongs with a physician, we say so and recommend a medical check. We may pause coaching on that specific topic until you confirm you have seen a doctor. That is a referral, not a diagnosis.

9.3 We do not run panels designed to detect, confirm or exclude disease, we do not sequence or analyse your human DNA, and we do not perform drug testing.

9.4 A sample may occasionally fail analysis for reasons outside anyone's control. In that case we supply a replacement kit at no cost. If the marker cannot be produced at all, we refund the price attributable to it.

§ 10 Warranty

10.1 The statutory rules on liability for defects apply.

10.2 Nothing in these terms shortens the statutory limitation periods for your claims.

§ 11 Liability

11.1 We are liable without limitation only for damage arising from injury to life, body or health, for intent and gross negligence, under the Produkthaftungsgesetz, and where we have expressly given a guarantee. These heads of liability cannot be excluded by agreement (§ 309 Nr. 7 BGB).

11.2 In all other cases we are liable only for breach of an obligation the fulfilment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely. In that case our liability is limited to the damage that was foreseeable and typical for this type of contract at the time the contract was concluded.

11.3 Any further liability is excluded. In particular, and outside the heads of liability in 11.1, we are not liable for:

(a) loss of profit, loss of earnings, loss of opportunity, or any indirect or consequential loss,

(b) decisions you take, or omit to take, on the basis of your report, your protocol or anything said in a consultation or chat,

(c) any failure by you to seek, follow or continue medical advice or treatment, including where you delay doing so,

(d) results that are inaccurate, incomplete or not producible because the information you gave us was wrong or incomplete, or because you did not follow the sampling instructions,

(e) the availability, accuracy or continued operation of third-party devices, apps, wearables or platforms, including any wearable or monitoring app you connect,

(f) loss of data, insofar as the loss would have been avoided by backups you could reasonably have made, and

(g) delays or failures caused by events outside our reasonable control, including carrier delays, laboratory capacity, illness and force majeure.

11.4 We give no guarantee of any health, performance or biomarker outcome. § 4.8 applies.

11.5 Claims for damages against us under 11.2 become time-barred twelve months after you became aware of the damage and of the circumstances giving rise to the claim. This shortening does not apply to the heads of liability in 11.1, nor to your statutory rights in the event of defects.

11.6 The limitations in 11.2 to 11.5 apply equally to our legal representatives, employees, agents and subcontractors.

§ 12 Data protection

12.1 We process your personal data in accordance with our privacy policy, which you can find in the footer of our website.

12.2 Health data is special category data under Art. 9 GDPR. We process it only on your separate, explicit consent, which you may withdraw at any time with effect for the future.

§ 13 Governing law and dispute resolution

13.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 If you are a consumer with habitual residence in another country, this choice of law does not deprive you of the protection of provisions that cannot be derogated from by agreement under the law of that country.

13.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of § 36 VSBG.

§ 14 Final provisions

14.1 We may amend these terms for future contracts. The version in force when you order applies to your contract.

14.2 If any provision is or becomes invalid, the validity of the remaining provisions is unaffected.

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Annex 1: Instruction on the right of withdrawal

Applies to consumers as defined in § 13 BGB. Provided before you place your order and again with the order confirmation on a durable medium.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

For the services, the withdrawal period is 14 days from the day of conclusion of the contract.

Where a component is supplied to you as goods, the withdrawal period for that component is 14 days from the day on which you, or a third party other than the carrier indicated by you, took possession of it.

To exercise your right of withdrawal you must inform us, Sapiens Health & Performance GmbH, Dinxperloer Straße 365, 46399 Bocholt, Germany, phone +49 172 88 66 434, support@be-sapiens.com, of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form in Annex 2, but it is not obligatory.

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

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. 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 performance of services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Early expiry of the right of withdrawal

Sealed collection materials. Your right of withdrawal expires early in the case of the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene, if the seal was removed after delivery. This applies to the sample-collection kit: your right of withdrawal in respect of the kit expires as soon as you remove the seal.

Services. Your right of withdrawal further expires on full performance of the services if, before performance began, you expressly consented to our starting performance before the end of the withdrawal period and confirmed your knowledge that your right of withdrawal expires on full performance of the contract by us.

Annex 2: Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

• To Sapiens Health & Performance GmbH, Dinxperloer Straße 365, 46399 Bocholt, Germany, support@be-sapiens.com:
• I/We () hereby give notice that I/We () withdraw from my/our () contract for the provision of the following service () / of sale of the following goods (*),
• Ordered on () / received on (),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

(*) Delete as appropriate.

Annex 3: Widerrufsbelehrung (deutsche Fassung)

Diese deutsche Fassung der Widerrufsbelehrung wird Verbrauchern mit Wohnsitz in Deutschland zusätzlich zur englischen Fassung in Anlage 1 zur Verfügung gestellt. Sie ist von uns geprüft und wird nicht maschinell übersetzt.

Widerrufsrecht

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.

Hinsichtlich der Dienstleistungen beträgt die Widerrufsfrist vierzehn Tage ab dem Tag des Vertragsschlusses.

Soweit Ihnen ein Bestandteil als Ware überlassen wird, beträgt die Widerrufsfrist hinsichtlich dieses Bestandteils vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Ware in Besitz genommen haben bzw. hat.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns, Sapiens Health & Performance GmbH, Dinxperloer Straße 365, 46399 Bocholt, Deutschland, Telefon +49 172 88 66 434, support@be-sapiens.com, mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder eine E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das nachstehende Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.

Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen sollen, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.

Vorzeitiges Erlöschen des Widerrufsrechts

Versiegelte Probenentnahme-Materialien. Ihr Widerrufsrecht erlischt vorzeitig bei einem Vertrag zur Lieferung versiegelter Waren, die aus Gründen des Gesundheitsschutzes oder der Hygiene nicht zur Rückgabe geeignet sind, wenn ihre Versiegelung nach der Lieferung entfernt wurde. Dies betrifft das Probenentnahme-Set: Ihr Widerrufsrecht in Bezug auf das Kit erlischt, sobald Sie die Versiegelung entfernen.

Dienstleistungen. Ihr Widerrufsrecht erlischt ferner bei einem Vertrag über die Erbringung von Dienstleistungen mit deren vollständiger Erbringung, wenn Sie vor Beginn der Erbringung ausdrücklich zugestimmt haben, dass wir mit der Erbringung vor Ablauf der Widerrufsfrist beginnen, und Sie Ihre Kenntnis davon bestätigt haben, dass Ihr Widerrufsrecht mit vollständiger Vertragserfüllung durch uns erlischt.

Muster-Widerrufsformular

Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.

• An Sapiens Health & Performance GmbH, Dinxperloer Straße 365, 46399 Bocholt, Deutschland, support@be-sapiens.com:
• Hiermit widerrufe(n) ich/wir () den von mir/uns () abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung () / den Kauf der folgenden Waren ()
• Bestellt am () / erhalten am ()
• Name des/der Verbraucher(s)
• Anschrift des/der Verbraucher(s)
• Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
• Datum

(*) Unzutreffendes streichen.