Subject to compliance with this Agreement, the Licensor hereby grants you a non-perpetual, non-exclusive, non-transferable, non-sub- licensable, revocable and limited License to Use the App solely for your personal use. For the avoidance of doubt, the Licensee shall not under any circumstances whatsoever transfer the License to use the App to any third party.

All Intellectual Property Rights in the App and Documentation throughout the world belong to the Licensor (or its licensors) and the rights in the App and the Documentation are licensed (not sold) to you. You shall have no Intellectual Property Rights in, or to, the App and the Documentation apart from the right to use the App and the Documentation in accordance with the terms of this Agreement. The License does not imply an assignment or transfer of any Intellectual Property Rights over the App that the Licensor and/or its licensors has provided to you.

You shall not: (a) copy the App, except for archival or emergency restart purposes in which case the Licensee shall ensure that all titles, trademarks, and copyright and restricted rights notices be reproduced on any such copy of the App; (b) translate, merge, alter, modify, adapt or convert the App in whole or in part or cause the App or any part thereof to be combined with or become incorporated in any other program except as necessary to use the App on Devices as permitted under this Agreement; (c) export the content, create mash-ups and/or offer extended services using the App (or any part thereof), including if this leads to: (i) the creation of a product or service potentially competing with the App, or (ii) a deterioration of the perceived quality of the App or (iii) an incorrect assignment of the results or contents of the App; (d) Reverse engineer, reconstruct, disassemble, decompile or otherwise make any attempt to discover the source code of the App or parts of the App; (e) Use the App, the contents and the results in a manner not in accordance with the intended process; (f) use or implement links or any form of automatic means to access the links or other information within the results; (g) place the App onto a server so that it is accessible via any public network such as the Internet; (h) make the App available to any third parties in whole or in part outside the scope of this Agreement; (i) rent, lease, sublicense, sell, assign, loan, or otherwise transfer the App; and (j) remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the App.

You can access and download the App at any time via the Apple App Store and Google Play Store. The App may only be installed on a single Device at any time. If you download or stream the App onto any Device not owned by you, you must have the owner’s permission to do so. You must at all times comply with the terms of this Agreement and all laws and terms relating to the use of the App including the terms and conditions of the relevant app store, whether or not you own the Device. Without prejudice to the generality of the foregoing, you shall not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously including by hacking into or inserting malicious code into the App.

You are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by you in connection with Use of the App. The Licensor also does not provide any form of data backup or disaster recovery facilities and it is the sole responsibility of the End-User to ensure that it at all times maintains backups of all its content on the App.

You shall not transmit any material or content that is defamatory, offensive, illegal or in any way abusive or otherwise inappropriate in relation to the use of the App. The Licensor reserves the right at all times to delete material or contents of the End-User from the App if the Licensor in is sole discretion believes that the content: (a) is defamatory, offensive, illegal or in any way abusive or otherwise inappropriate; (b) is in breach of this Agreement or any Intellectual Property Right or any privacy or any other right; and/or (c) consists of software viruses.

You shall not transmit any material or content that is defamatory, offensive, illegal or in any way abusive or otherwise inappropriate in relation to the use of the App. The Licensor reserves the right at all times to delete material or contents of the End-User from the App if the Licensor in its sole discretion believes that the content is: (a) defamatory, offensive, illegal or in any way abusive or otherwise inappropriate; (b) in breach of this Agreement or any Intellectual Property Right or any privacy or any other right; and/or (c) consists of software viruses.

The Licensor may use automated systems or any other means it considers appropriate to analyse the materials or content that you transmit, create, share, upload, or post on the App for the purpose of protecting the Intellectual Property Rights of any other End-Users or third parties. Without prejudice to any other rights or remedies that the Licensor may have under this Agreement, the Licensor may suspend or terminate your use of the App at its sole discretion if you are reported for infringing the Intellectual Property Rights of other End-Users or third parties on three (3) occasions or if the Licensor considers it is required to do so by any applicable laws. The Licensor will notify you of any reports of your involvement in any asserted infringement of the Intellectual Property Rights from any other End-Users or third parties.

If you report an End-User’s infringement of your Intellectual Property Rights and such End-User requests that the Licensor restores or retrieves his or her use of the App or his or her materials or content on the basis that there was no infringement of your Intellectual Property Rights, you shall provide the Licensor with documents evidencing that you have initiated proceedings against such End-User for infringement of Intellectual Property Rights within ten (10) working days as determined from the day immediately following the date on which you are notified by the Licensor of such restoration or retrieval request. Otherwise, the Licensor may restore the use of App or retrieve the materials or content of such End-User as requested.

By: (a) using the App and its features; (b) linking the App with third-party wearable device(s); and/or (c) manually entering the data generated by third-party wearable device(s) data, you may accrue reward points. Reward points can be exclusively redeemed for a selected number of rewards and/or discounts offered by selected third party partners via the App. Reward points, rewards and/or discounts are offered at the discretion of the Licensor. In addition to this Agreement, additional terms and conditions may apply to the rewards and/or discounts offered by selected third party partners.

Rewards points do not represent any monetary value and should never be redeemed against any such value. By default, Reward points will be cancelled, forfeited and no longer available for redemption: (a) failing to redeem Reward points by the end of the next calendar year during which they are obtained (e.g. Reward points received in 2020 can be redeemed by December 31, 2021); (b) immediately after you terminate its account; and (c) at any time in the Licensor’s sole discretion and without notice or any liability to you if the Licensor suspects and/or discover any fraudulent activities related to the use of the App, the reward points, the rewards and/or the discounts.

You may use your reward points to redeem for e-vouchers from the list of participating third party partners on the App. All e-vouchers are subject to availability and on a first-come-first-serve basis. Upon successful redemption, the corresponding reward points will be deducted from your account. If there is an error in the amount of reward points required for the redemption, the Licensor reserves the right to (i) cancel your redemption request; or (ii) process your redemption request and adjust the correct amount of reward points required for the redemption from your account. In the event that the requested e-voucher is out of stock or unavailable for whatever reason, the Licensor reserves the right to substitute the e-voucher with a voucher of similar value, change the conditions of the e-voucher (including the expiry date) or remove the e-voucher from the App. Additional terms and conditions may apply to the e-vouchers offered by the participating third party partners.

The Licensor may in its discretion, apply different tiers of reward points to different End-Users for the redemption of each e-voucher, including but not limited to restricting the redemption of certain e-vouchers to selected End-Users.

The Licensor shall have the right to terminate this Agreement immediately if, at its sole discretion, the Licensor determines that the you are in breach of this Agreement. If the Licensor is of the view that any breach can be remedied, it will give you a reasonable opportunity to remedy the breach.

If the Licensor terminates this Agreement: (a) you shall stop all activities authorized by the terms of this Agreement, including the use of the App and the Documentation; (b) you shall delete or remove the App from all Devices in your possession and immediately destroy all copies of the App and confirm to the Licensor that this has been done; and (c) the Licensor may cease providing you with access to the App. The Licensor’s rights and its obligations shall survive the termination of this Agreement.

The Licensor may, at its sole option, make upgrades to the App available in the Apple App Store, the Google Play Store, its website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this Agreement or the release of such upgrades to you may be subject to your acceptance of another agreement.

The Licensor is not obligated to provide Support Services for the App. If the Licensor does provide you with Support Services, these will be governed by separate terms to be agreed between you and the Licensor.

To the maximum extent permitted by applicable law, except as otherwise expressly provided in this EULA, the Licensor provides the App, the contents, the results and any support services on an “as is” “as available” basis (with all faults). The entire risk as to satisfactory quality, performance, accuracy, and effort lies with you.

The Licensor and its licensors do not warrant that: (a) the App will operate error-free and/or uninterrupted; (b) a connection between third-party wearable device(s) and the App can be established and/or maintained, including but not limited to any failure, interruption, delay, suspension or restriction of any data transmission between the third-party wearable device(s) and the App; (c) the App will meet the intended requirements and/or results; (d) the App can be downloaded and/or used; and/or (e) the data obtained from or presented by the App is accurate, free of errors and/or omissions, and/or otherwise reliable.

You acknowledge that the App together with its features and content are provided for general information purposes only and they do not offer advice including but not limited to medical advice, upon which you should rely on. The App and any of its features are not intended to be a medical device, and they do not provide, and are not intended to provide, any confirmed medical diagnoses or any detection or confirmation as to whether a user has any illness or disease. The “Heads Up” feature is not a medical software and does not have the function of diagnosing or assisting in the diagnosis of diseases. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. To the maximum extent permitted by applicable law, the Licensor and its licensors disclaim all warranties and conditions, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and accuracy or completeness of results with respect to the App, the contents and the results. There is no warranty against infringement. The Licensor does not warrant that you will be able to download, copy, store, display, transfer, and/or play secure content.

To the maximum extent permitted by applicable laws, under no circumstances will the Licensor or its licensors be liable for any consequential, special, indirect, incidental or punitive damages whatsoever, including, without limitation, damages for loss of profits or revenues, business interruption, loss of business information, loss of data, loss of use or other pecuniary loss, even if the Licensor or its licensors have been advised of the possibility of such damages. In any case, the entire liability of the Licensor and its licensors howsoever arising under or in connection with this Agreement shall be limited to the following amount actually paid by the Licensee for the App license: six (6) months immediately preceding the occurrence of the event which is the basis of the claim.

10.1 The names used in this Agreement, in the App, by the Licensor and in the Documentation may constitute trademarks of the Licensor, its licensors or other third parties. You are not authorized to use any such trademarks.

This Agreement shall be governed by and construed under the laws of The Netherlands and all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting in Amsterdam, The Netherlands, and the Licensor consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Possible applicability of CISG 1980 is explicitly excluded.

If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The Licensor reserves the right to change the terms of this Agreement to reflect changes in law or best practice or to deal with additional features which the Licensor is seeking to introduce. The Licensor will notify you of any change when you next start the App. If you do not accept the notified changes, you will not be permitted to continue to use the App. The Licensor shall have the right to transfer its rights and obligations under this Agreement to a third party without the need to seek your prior consent.