Terms and Conditions

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS AN END USER (AS DEFINED BELOW) ("END USER" OR "YOU") AND PREVESS UG (LIMITED LIABILITY) ("PREVESS" OR "WE"). THESE TERMS AND CONDITIONS, TOGETHER WITH ALL AMENDMENTS, SUPPLEMENTS AND LICENSES, AND TOGETHER WITH ALL PREVESS RULES AND POLICIES, INCLUDING THE PREVESS PRIVACY POLICY, CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND PREVESS WITH RESPECT TO YOUR ACCESS TO AND USE OF THE PREVESS WEBSITE ("WEBSITE" OR "APP") AND PREVESS MOBILE APPLICATIONS ("MOBILE APP"), (COLLECTIVELY, THE "PLATFORM"). BY ACCESSING OR USING ANY PORTION OF THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY IT. BY ACCESSING OR USING ANY PORTION OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ, DO NOT UNDERSTAND, OR DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT USE THE PLATFORM.

1. SCOPE AND ACCEPTANCE

Anyone who accesses or uses any part of the Platform is an "End User," whether you are on behalf of a Company, an employee of a Company, a consumer, an employee of a consumer, or an employee of Prevess (as defined below). The Agreement governs your rights and obligations as an End User with respect to your access to and use of the Platform and your use of any information or data of any kind resulting from your access to or use of the Platform, including, but not limited to, text, graphics, images, artwork, sound recordings, audio and video files, and software.

We reserve the right to modify this Agreement (including the related Privacy Policy) from time to time (as described below). In doing so, we will comply with the legal framework for prior notice accordingly. You are responsible for reviewing the Agreement on a regular basis. Your access to any part of the Platform will constitute your acceptance of this Agreement and any changes thereto.

If you are accessing or using the Platform on behalf of a company, organization or other entity, you represent and warrant that you have the authority to (a) accept these Terms on their behalf and (b) bind that company, organization or entity to the Agreement.

2. DESCRIPTION OF THE PLATFORM

Prevess provides a set of tools to help End Users track and learn about selected diets and nutrition programs (the "Service"). The Service is intended solely as a tool to assist you in understanding and managing nutrition and wellness-related information, including researching references, diets, recipes, and exercise-related components. Prevess makes every effort to compile information from third party sources, but does not guarantee that this information is correct, accurate, complete or current for you.

In addition, the information contained in this service should be used as a reference source only. This service does not recommend diets, interventions, restaurants, foods, medications, diagnose patients, or recommend therapies or interventions. This service is a reference resource intended to supplement, not replace, the expertise, skills, knowledge, and judgment of health care professionals regarding patient care, nutrition, or food warnings.

The absence of a warning for a particular nutrient, food, allergen, restaurant, diet, intervention, or combination thereof should in no way be construed as an indication that the nutrient, diet, restaurant, ingredient, or combination is safe, effective, or appropriate for any particular user. Prevess assumes no responsibility for any aspect of health care provided using the information provided through this service. The information contained herein is not intended to cover all possible uses, instructions, precautions, warnings, food interactions, allergic reactions, or adverse effects of diets, interventions, nutrients, ingredients, or dietary adherence. If you have any questions about diets, nutrition, allergies, or foods you wish to ingest, please consult a physician.

3. MEMBERSHIPS AND SUBSCRIPTIONS

3.1 Becoming a Registered User

You can sign up for the trial period free of charge as a registered user of the Platform (a "Registered User"). To become a Registered User, you must access the appropriate area of the Platform, provide us with your email address, and create a username and password that will be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. In the course of your use of the Platform, you may be asked to provide us with certain personal information (such information is referred to herein as "Personal Information"). This Personal Data may include information from your profiles on Facebook and similar social networks. Our information collection and use policies regarding the protection of such Personal Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of your Personal Information, and you agree to keep it up to date. By using the Platform, you warrant that:

(i) You are legally able to enter into binding contracts.

(ii) All information provided by you during registration is true and accurate.

(iii) You will maintain the accuracy of such information; and

(iv) Your use of the Platform does not violate any applicable law or regulation.

3.2 Once a Registered User

You are responsible for maintaining the confidentiality of your account, password, and other personal information and for restricting access to your device to ensure the protection of such information. You are responsible for updating your personal information.

3.3 Use of Prevess by Minors

You must be 18 years old or have reached the age of majority in your province, territory or country to sign up as a registered user of the platform. If you have not yet reached the age of majority, please refer here: https://prevess.de/parental-advisory/ for further steps to participate in our platform.

3.4 As a Registered User

As a Registered User, you will have access to certain areas, features and functions of the Platform that are not available to non-registered users. By agreeing to become a Registered User, you agree to receive occasional offers, marketing, surveys, and platform-related communication emails and notifications. You can easily unsubscribe from Prevess commercial emails by following the unsubscribe instructions included in those emails. Prevess memberships and subscriptions are non-transferable and therefore cannot be sold, exchanged or transferred in any way.

3.5 Subscriptions

Registered Prevess users can use the platform in three ways for residential customers and one option for (iv) business customers, which has several modular additions to choose from:

(i) As a "Basic Plan" user: you can try the subscription program for free as part of certain promotional offers and then have unlimited access to all features of the app. After four weeks, as a "Basic Plan" user, you will automatically be charged the monthly amount for a 3-month contract period.

(ii) As a "Pro Plan" user: you may receive access to a free trial period of the subscription program as part of certain promotional offers, which will provide you with unlimited access to all features of the App and the added benefit of a consultation with an appropriate nutritionist. The consultant does not need to meet any separate requirements in an academic context at this time. After four weeks, as a "Pro Plan" user, you will automatically be billed on a monthly basis and for a 12-month contract term.

(iii) As a "Champion Plan" user via a paid subscription: a paid subscription that provides access to all Content including and beyond the "Basic" and "Pro" Content. You may have access to a free trial of the subscription program in accordance with certain promotional offers. All Subscription Services provide access through the Platform. You may become a Subscriber by purchasing a subscription to the Platform through the Website, within the Apps where permitted by the App Marketplace Partners, or through a bundle with one or more of our Bundle Subscription Partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final and we do not issue refunds. Your purchase is subject to Apple's applicable payment policies, which may also not provide for refunds. If you purchase a subscription through the Google Play Store, the sale is final and we do not issue refunds.

(iv) As a Business Customer, you follow the "360° Plan" via a paid subscription: the Product and Service may consist of the "Basic Plan", "Pro Plan" or even "Champion Plan" as a paid subscription licensed for a certain number of users and covered by a business organization. The exact definition is subject to a separately executed agreement.

Your purchase is subject to Google's applicable payment policies, which may include no refunds. In addition, if you make the purchase through one or more of our bundle subscription partners, the purchase is subject to those partners' terms and conditions, and payment and management of the bundle subscription may be managed by them.

Prevess offers monthly subscription options for end users and monthly or annual subscription options for business users. For purposes of our monthly and annual subscriptions, a month is equal to 30 calendar days and a year is equal to 365 calendar days.

Our "monthly" subscription is paid in monthly installments. For each month that your Monthly Subscription is active, you acknowledge and agree that Prevess may charge the same credit card used for the original subscription fee or another payment method ("Payment Method") in an amount equal to the then-current Monthly Subscription Fee. Monthly Subscription renewal fees will be automatically billed to the Payment Method you have provided until cancelled. You must cancel your subscription before it renews, 4 weeks prior to expiration for the "Basic Plan" user and 12 weeks prior to expiration for the "Pro Plan" and "Champion Plan" users, in order to avoid being charged the subscription fee for the next period via your designated payment method. Refunds cannot be claimed for sub-monthly subscription periods.

Our "Annual Subscription" is paid for by a one-time upfront payment with an automatic annual renewal. You acknowledge and agree that Prevess is entitled to charge the payment method used for the initial monthly subscription fee at the rate secured at the time of purchase, and the fee(s) for renewal of the subscription at the rate in effect at the time of such renewal. You must cancel your Subscription before it renews to prevent the Subscription renewal fee from being charged to your designated payment method. You will not be entitled to a refund for an incomplete subscription period.

You can cancel automatic renewals of your subscription at any time by emailing hello@prevess.de. Please note that if you purchased a subscription through the Apple iTunes Store or our iPhone application, you can cancel automatic renewals only by selecting Manage App Subscriptions in your iTunes account settings and selecting the subscription you want to change. If you purchased a subscription through the Google Play Store, you can cancel auto-renewals in your account

Settings under Subscriptions in the Google Play app or according to the current procedure described by Google Play. If you purchased a Subscription through a Bundle Subscription Partner, you may cancel it in accordance with the procedure described by the Bundle Subscription Partner.

You agree to promptly notify Prevess of any changes to the payment method you provided while subscriptions are still open. You are responsible for all applicable fees and charges, including applicable taxes, and for all Subscriptions you purchase.

During the course of your use of the Platform, Prevess and the third party payment processor may receive and implement updated credit card information from your credit card issuer to prevent your Subscription from being interrupted by an outdated or invalid card. The disclosure of updated credit card information to Prevess and the third party payment processor will be at the sole discretion of your credit card issuer. Your credit card issuer may grant you the right to decline the update service. If you wish to do so, please contact your credit card issuer.

Our obligation to provide the Platform does not arise until we receive your payment and we confirm your purchased subscription by email. You agree not to hold us responsible for any bank fees incurred as a result of payments made to your account. In the event that payment is not received by us through the payment method you have provided, you agree to pay all amounts due upon our demand. You agree that you are not permitted to resell products purchased through Prevess for commercial purposes.

In the case of payments on account, the term of payment shall be 5 working days after the commencement of performance to be paid in monthly installments. The offer, the contract or the invoice between the two parties serves as a basis. In case of delay Prevess reserves the right to charge reminder fees. These fees will be calculated according to the market standard. An invoice will be sent to the business customer monthly by e-mail.

3.6 Changing Fees and Charges

We may change the Fees and Charges or add new Fees and Charges with respect to the Platform at any time and from time to time in our sole discretion. We will notify you at least 30 calendar days in advance of any such change. If you do not agree with the change, you may cancel your membership or subscription through your account settings or by emailing us at hello(at)prevess.de.

3.7 Cancellation of Services

You can cancel a subscription at any time. Cancellation will take effect on the following date:

"Basic Plan" users: 4 weeks before the end of the contract term

"Pro Plan" and "Champion Plan" users: 12 weeks before the end of the contract period. Please send such cancellation by e-mail to hello@prevess.de.

Please note that if you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling the auto-renewal of paid in-app subscriptions by selecting "Manage App Subscriptions" in your iTunes account settings and selecting the subscription you wish to change. If you purchased a subscription through the Google Play Store, you can opt out of automatic auto-renewals in the account settings under "Subscriptions" in the Google Play app or according to the current process described by Google Play. We may suspend or terminate your use of the Platform if you commit fraud or breach any obligation under these Terms of Service. Such termination or suspension may occur immediately and without notice. A violation of these Terms of Use includes, but is not limited to, unauthorized copying or downloading of Content from the Platform.

3.8 Promotion Codes

A promotional code or offer provided by us may not be used in conjunction with any other promotional code or offer, past or present. Introductory offers are only available to new users of the Platform unless otherwise expressly stated. Previous users or trial users of the Platform are not considered new users. Promotional codes or discounts do not apply to corporate or other group subscriptions. Unless otherwise specified in the terms of a promotion, any price promotions or discounts will apply to the initial subscription period, and any renewals will be charged at the rate in effect for the type of subscription purchased at the time of renewal.

4. PRIVACY POLICY

Information submitted by end users as described above will be treated as confidential as similar information submitted in paper form. For a detailed description of how we collect, use and share information about our end users, please see our Privacy Policy at https://prevess.de/privacy-policy.

5. OPERATION

We reserve the right to operate the Platform as we see fit and to change the terms, conditions and warranties without notice. We also reserve the right to withdraw, suspend or discontinue any functions or features of the Platform at any time.

5.2 Termination by Prevess.

Prevess may terminate this Agreement by written notice if any of the following occurs: (i) Customer fails to pay all undisputed amounts owed to Prevess within 10 business days after written notice of non-payment; or (ii) Customer materially breaches this Agreement, which is not cured within 30 days after written notice of breach; or (iii) Customer files for bankruptcy or is declared insolvent or suffers another similar event.

5.3 Termination by Customer.

Customer may terminate this Agreement if the following circumstances occur: (i) Prevess materially breaches this Agreement, which is not cured within 30 days of written notice of the breach; (ii) Prevess files for bankruptcy or is declared insolvent or suffers another similar event; or (iii) Prevess breaches the terms set forth in Exhibit B, Service Level Agreement, five (5) or more times within a 30-day period.

5.4 Effect of Termination.

Upon the date of expiration or termination of this Agreement: (i) all outstanding service description and access to Prevess Technology shall automatically terminate; (ii) all outstanding payment obligations of Customer shall become immediately due and payable; and (iii) Customer shall have 30 days to request the return of Customer Data (after which time Prevess shall have no obligation to store or permit retrieval of such data). Upon expiration of this period, Prevess will delete all Customer Personal Data from its files unless the parties have agreed to an extension. Ownership of Customer Data will not revert to Prevess at any time. The following provisions shall survive the expiration or termination of this Agreement for any reason: limitations; ownership and data; effect of termination; confidentiality; indemnification; disclaimer of warranties; limitation of liability; general.

6. INACCURACIES

We disclaim, and you release us from, any and all claims relating to errors, inaccuracies, and omissions on the Platform - particularly with respect to information provided to us by end users (although this is in no way limited to). We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Prevess makes no warranties as to the completeness, timeliness, correctness or accuracy of any materials or data available through the Platform. If you believe that any portion of the Platform contains an error or inaccuracy, please notify us by emailing: hello(at)prevess.de.

7. PERMITTED USE

Certain materials made available through the Platform may be protected by intellectual property laws, including but not limited to copyright laws. You expressly acknowledge and agree that Content accessible through the Platform that is not expressly identified as being provided by another end user is the property of Prevess and its Content Providers, and that Prevess and its Content Providers retain all right, title and interest in and to the Content.

Subject to the terms and conditions of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable and revocable license to access and use the Platform and related materials solely for your own use. Unless otherwise expressly stated, all rights are reserved. You may access the Web App or download, install and use the Mobile App to access and use the other portions of the Platform in accordance with the Agreement. You are responsible for downloading the correct Mobile App for Your Device and verifying the compatibility of the Mobile App with Your Device. In connection with your use of the Platform, you may not:

(a) alter or modify the Platform in any way, or electronically reproduce, adapt, distribute, perform or display the Platform or any related materials, except as necessary solely to use the Platform for its intended purpose;

(b) Reverse engineer or access the Website or mobile app to develop a competing product or service or develop a product or service that uses similar ideas, features or content to those contained on the Platform;

(c) sell, rent, lease, transfer, distribute, broadcast, display, provide or otherwise assign to any third party any rights in any portion of the Platform or any related materials;

(d) remove or alter any proprietary notices or markings associated with any portion of the Platform or related materials, including copyright notices, or use any Prevess trademarks as meta tags on any other website;

(e) use the Platform for unauthorized commercial purposes or illegal purposes, including, without limitation, to harass, annoy, degrade or intimidate any person or group of persons for any reason or to solicit or offer services for illegal activities;

(f) copy, mirror, modify, delete or corrupt any information contained on computer servers used or controlled by Prevess or any third party;

(g) use any part of the Platform to infringe any third party's legal rights, including rights of publicity or privacy, copyrights or other intellectual property rights, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful or otherwise objectionable, or to use data mining, robots or similar data collection and/or extraction tools in connection with any part of the Platform;

(h) access or use the Platform through any Internet service provider (ISP) account, access point or network that you are not authorized to use;

(i) access or use password-protected, secure or non-public areas of the Platform, except with the express written permission of Prevess;

(j) disclose or fail to protect the confidentiality of your account information, including your password;

(k) impersonate any person or entity or misrepresent your affiliation with any such person or entity;

(l) use any automated means to access or use any part of the Platform, including scripts, bots, scrapers, data miners or similar software, or to display the Platform or any part thereof in anything (e.g., framing, scraping, etc.) without the express permission of Prevess;

(m) attempt or actually disrupt, interfere with, alter or modify any part of the Platform or any information, data or materials published and/or displayed by Prevess;

(n) access data through the Platform that is not intended for you;

(o) attempt to probe, scan or test the vulnerability of any part of the Platform or breach any implemented security or authentication measures, regardless of your motives or intentions;

(p) attempt to interfere with or disrupt access to or use of any part of the Platform by any user, processor, host or network, including without limitation by transmitting a virus, worm, Trojan horse or other malicious code; or

(q) post any content on the Platform that: (i) contains profane, obscene, defamatory, discriminatory, threatening, menacing, harassing or violent content; (ii) depicts or implies nudity or sexual conduct; (iii) promotes hatred, including against members of any group protected under federal, state or local law (such as. such as a group defined by race, sex, or national origin); (iv) is objectively shocking or repulsive; (v) depicts or suggests illegal activity currently taking place; (vi) contains unlicensed, copyrighted content of a third party, including, for example, g., copyrighted or trademarked third party content for which you are not licensed; (vii) discloses a breach of your duty of confidentiality to a third party (e.g., discloses private information about a third party without consent); or (viii) violates the Agreement, including Prevess's rules and policies.

Prevess reserves the right, in its sole discretion and for any reason, including breach of the Agreement, to delete an Account, refuse to register an End User, or block access to the Platform.

8. PRICES

On the Prevess platform, the prices agreed in the framework supply agreement shall apply, taking into account the customer's individual conditions. Unless otherwise stated, all prices are subject to the applicable statutory value added tax.

9. THIRD PARTIES AND THIRD PARTY PROPERTIES

Currently, the Platform is intended solely for the limited use described above. In the future, the Platform may refer you to a third party (e.g., another end user) ("Third Party"), such as a government website. Prevess has no control over the quality, timing, legality, non-delivery or any other aspect of any content or services provided by Third Parties, nor over the integrity, responsibility or any acts or omissions of Third Parties. Prevess makes no representations about any third party identified through the Platform, whether in public, private or offline interactions. Prevess cannot confirm that any third party is who they claim to be. When interacting with third parties, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with others you do not know. NEITHER PREVESS NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY, INCLUDING END USERS OF THE SERVICE.

In the future, the Platform may direct you to physical locations, geographic locations, websites on the Internet, and/or products or services owned, controlled, or maintained by a third party (including, for example, another end user) ("Third Party Properties"). Unless expressly stated otherwise, such references do not constitute an affiliation with or endorsement by Prevess of any such Third Party Properties. You acknowledge that Prevess is providing you with references to such Third Party Properties merely as a convenience, and you agree that Prevess is not responsible for any injury, damage, or adverse experience that you may suffer as a result of accessing, visiting, or using such Third Party Properties. Prevess does not endorse any Third Party Properties and makes no representations about such properties. If you access, visit or use any Third Party Properties referenced through the Platform, you do so at your own risk.

With respect to the testing and analysis of DNA, blood and microbiomes offered as part of the "Champion Plan," Prevess partners with third parties. By purchasing the "Champion Plan" or licensed use of the App through a business customer purchase, the User agrees to obtain the results from Prevess' analyses directly from third parties as necessary for the continued use of the App. User agrees to provide the results to Prevess in the context of Prevess' corresponding products and services, a form defined by Prevess, so that the product and service can be provided e. The user further agrees that the resulting findings may be used commercially and scientifically in the overall context of securing results and further development of the app.

10. AVAILABILITY OF THE PLATFORM

It is not possible to operate the Platform with 100% guaranteed uptime. Prevess will use reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance and updates to the Website and Software, and other events may cause interruptions or outages of the Platform from time to time. In addition, Prevess reserves the right at any time and from time to time to modify or discontinue (temporarily or permanently) certain features of the Platform with or without notice. Further, there is a software update warranty:

Licensor provides an automatic software update guarantee as the Software runs through the cloud servers managed by Licensor.

A valid software update guarantee entitles the Licensee to obtain free software upgrades (major and minor versions) for the program included in the software update guarantee within the period applicable to the software update guarantee.

All benefits under the Software Upgrade Guarantee are valid only for the included product within the period of validity.

The availability of new major and minor versions is based on internal planning of the Licensor and cannot be influenced or demanded by the Licensee on the basis of a Software Update Guarantee.

Any costs incurred for installation, installation support and training of the successor versions are not covered by the Software Update Guarantee on the part of the Licensor.

Before carrying out a program upgrade, the licensee must inform himself whether any functions or interfaces used remain unchanged.

Any downgrades back to the previous version requested by the licensee are subject to a fee.

You agree that Prevess shall not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuance or interruption of the platform.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". PREVESS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO (A) THE PLATFORM AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM OR ANY PART THEREOF, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING. PREVESS MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIALS, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY. PREVESS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. RELEASE AND LIMITATION OF LIABILITY

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OF PREVESS; THIRD PARTIES OR ADDITIONAL END USERS, YOU RELEASE PREVESS (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, AFFILIATES AND EMPLOYEES) FROM ANY CLAIMS, DEMANDS OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, PREVESS OR ITS AFFILIATES OR SUPPLIERS (INCLUDING ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS) SHALL HAVE NO LIABILITY TO YOU (INCLUDING ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENTIONAL CONDUCT, TORT OR OTHERWISE (INCLUDING BREACH OF WARRANTY),

NEGLIGENCE AND STRICT LIABILITY IN TORT), NOR FOR DAMAGES RESULTING FROM DELAY, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOSS OF PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED) OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH (A) THE PLATFORM OR (B) PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM OR ANY PART THEREOF, EVEN IF PREVESS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY NOTWITHSTANDING THE ABSENCE OF THE ESSENTIAL PURPOSE OF A LIMITED REMEDY. THE PROVISIONS OF THIS SECTION ALSO APPLY TO THE BENEFIT OF LICENSOR'S EMPLOYEES AND OTHER AGENTS.

THE PROVISIONS OF THE PRODUCT LIABILITY ACT REMAIN UNAFFECTED.

13. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PREVESS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, DAMAGES, LIABILITIES, LOSSES, INDEMNIFY, DEFEND AND HOLD YOU HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND EXPENSES AND COURT COSTS), JUDGMENTS, SETTLEMENTS AND PENALTIES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE PLATFORM.

14. TERMINATION

You agree that Prevess may, in its sole discretion and without notice, terminate your access to or use of the Platform, or any portion of the Platform, at any time and for any reason, with or without cause. You further agree that any breach of the Agreement by you will constitute an unlawful and unfair business practice that will cause irreparable harm to Prevess for which monetary damages would be inadequate. You agree that Prevess may seek any injunctive or equitable relief that Prevess deems necessary or appropriate in such circumstances, without bond. These remedies are in addition to any other remedies Prevess may have at law or in equity.

15. GENERAL

15.1 Modifications

Prevess may, at any time and in its sole discretion, amend, delete or modify the Agreement or any part of the Platform. We will use commercially reasonable efforts to notify you of any amended portion of the Agreement, such as by posting the most recent version of these Terms at this URL. If you find any such addition, deletion or modification to the Agreement unacceptable, you must cease accessing and using the Platform. All changes to the

Agreement shall be effective immediately.

15.1 Modifications

Prevess may, at any time and in its sole discretion, amend, delete or modify the Agreement or any part of the Platform. We will use commercially reasonable efforts to notify you of any amended portion of the Agreement, such as by posting the most recent version of these Terms at this URL. If you find any such addition, deletion or modification to the Agreement unacceptable, you must cease accessing and using the Platform. All changes to the

Agreement shall be effective immediately.

15.2 Applicable Law

All actions in connection with this Agreement shall be governed by the laws of the State of Germany without regard to the choice or conflict of law provisions of any other jurisdiction.

15.3 Dispute Resolution and Arbitration

Prevess intends to resolve any disputes that may arise between Prevess and its end users and business customers in a cost-effective and non-disruptive manner, preferably without the time and expense of formal litigation. To that end, you agree to the following dispute resolution process.

If you are unable to resolve a dispute in the ordinary course of business, you must send a written notice to Prevess (hello@prevess.de) setting forth the issues in dispute, attaching all relevant documents, and specifying the remedy you desire. Prevess will respond within ten (10) business days with identical information from its perspective. You and a representative of Prevess will meet or communicate electronically within ten (10) business days of delivery of the response and as often thereafter as you and Prevess deem necessary or desirable to resolve the dispute.

If you and Prevess are unable to resolve the dispute within sixty (60) days after the initial communication, either party may submit the dispute to binding arbitration. The arbitration shall be conducted by the European Arbitration Chamber (EAC) or such other administrator as the parties may mutually agree, provided that Prevess shall have the right to seek injunctive relief and orders for specific performance in any court of competent jurisdiction in connection with any alleged infringement of Intellectual Property Rights. You agree that you will not bring or participate in any class action lawsuit against Prevess.

Notwithstanding the foregoing, nothing in this Section shall limit the right of any party to obtain from a court of competent jurisdiction, before, after, or during the pendency of any dispute resolution, mediation, or other proceeding, any preliminary or ancillary relief, including a temporary restraining order, garnishment, or the appointment of a receiver. The exercise of any such remedy shall not constitute a waiver of any party's right to compel arbitration. You agree that you will not bring or participate in any class action lawsuit against Prevess.

15.4 End User Submissions and End User’s Grant of Limited Licensed

By operating the Platform, Prevess does not solicit or seek confidential, secret or proprietary information or other material from you through the Platform, our postal and email addresses, or otherwise, unless the information or material is related to the End User's use of the Platform, such as personal information to calculate calorie consumption according to scientific standards. Any information or material submitted or sent to Prevess will not be considered confidential or secret. By submitting or sending any information or other material to Prevess, you represent and warrant that the information is accurate and truthful and belongs to you and that no other party has any rights in the material.

15.5 Force Majeure

If the performance of this Agreement or any obligation of Prevess is prevented, restrained or interfered with by acts of God, enemy action, sovereign acts of government, fires, floods, epidemics, strikes, picketing or boycotts, or by other circumstances caused by acts of nature or acts of third parties beyond the reasonable control and without fault or negligence of Prevess, Prevess shall be relieved from performance on a per diem basis to the extent of such prevention, restraint or interference.

15.6 Miscellaneous

If any part of the Agreement is invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or demanding performance shall be construed as a waiver of that or any other right in connection with the Agreement.

No action arising out of this Agreement or your access to or use of the Platform, regardless of the form or basis of the claim, may be brought by you later than one (1) year after the cause of action arose (or, if multiple causes of action exist, from the date the first cause arose), and you hereby waive any longer statute of limitations that may be permitted by law.

If Prevess takes any legal action against you as a result of a breach of the Agreement, Prevess will be entitled to recover damages from you, and you agree to pay all reasonable attorneys' fees and costs of any such action, in addition to any other remedies granted to Prevess. You agree that Prevess shall not be liable to you or to any third party if your access to or use of the Platform is terminated as a result of a breach of the Agreement or for any reason. You may not assign or delegate, by operation of law or otherwise, any rights or obligations under this Agreement to any third party without the prior written consent of Prevess. Any purported assignment without such consent shall be void ab initio. Prevess may, at any time and in its sole discretion, assign all or any of its rights and/or delegate all or any of its duties under the Agreement to any party by giving notice of such assignment by posting a notice to that effect on the Platform.

Version: 2

Status: December 1, 2021

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