Terms and Conditions

General terms and conditions for the use of the iNuba App

1. INTRODUCTION AND OWNERSHIP OF THE APP

In accordance with the provisions of the Law on Information Society Services (LSSI), users of iNuba App are informed that the ownership of this app corresponds exclusively to 3DHealthAI, S.L. (hereinafter, “iNuba”) with registered office at Polígono Industrial Los Vientos, Calle Levante S/N Náquera, Valencia (Spain), with CIF B- 40644445 and registered in the Mercantile Register of Valencia, dated 4th February 2020, inscription number 792/2020, volume 10794, page number V-191818, 1st inscription.

The contact telephone number is 621 24 83 08 and the contact e-mail: [email protected]

From iNuba we have a purpose, to help anyone to develop their physical potential, because we understand that by doing so they will feel better about themselves and their environment. Based on the tools described below and the data provided by users, we provide a series of products and services that help significantly to achieve the intended objectives.

The information contained herein will be permanently available in the corresponding section of the App and can be consulted by the user at any time.

iNuba may modify, update and/or revise these general terms and conditions in order to adapt them to the regulations in force from time to time, informing users of the updated terms of use of the App and as indicated in these terms and conditions.

These Terms and Conditions set out the legal framework for the use of the iNuba App and describe the services we offer through our application. We therefore recommend that you read them carefully. You must also accept them in order to make use of the various services we offer.

2. INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY

The iNuba App, as well as, by way of example and with the possibility that others may be added to those indicated here, its programming, software, data, designs, drawings, photographs, logos, texts and/or trademarks are the property of iNuba and are protected by the intellectual and industrial property laws in force.

The term iNuba, iNuba App, iNubaBox, the iNuba logo and other iNuba logos and designs are the exclusive trademarks and proprietary marks of iNuba and may not be used by the user in any way without the express prior written permission of iNuba.

Under no circumstances does the download and use of the App entail the granting of any rights or licences, with the exception of the licence of use indicated in point 4, with respect to any of the intellectual and/or industrial property rights owned by iNuba.

In the event that the user wishes to make use of any of the intellectual or industrial property rights corresponding to iNuba, he/she may do so only with the express prior written

authorisation of iNuba, otherwise, it will be understood that he/she is infringing the rights owned by the company and will be liable for the legal consequences which such infringement may entail.

As a user of iNuba App, you must refrain from acts that infringe the aforementioned rights and you are responsible for the consequences that may arise from an inappropriate use of the services of the application.

3. PARTICIPATION REQUIREMENTS. REGISTRATION

The iNuba App and the services provided through it are intended exclusively for persons aged 14 years or over, in the case of Spain, for persons aged 13 years or over in the case of the United Kingdom and, from 16 years of age for the rest of the world, in accordance with the provisions of current legislation. In the event that a user is under this age, he/she declares that any of his/her parents or legal guardian has reviewed and accepted these terms of use.

The status of App user is acquired by registering on the App. The user must indicate a user name and password to access their private area within the App and monitor their progress, being the user themselves responsible for the correct safekeeping of the password to access their area of the App.

To make use of any of the iNuba services it is essential to open a user account and fill in the questionnaire included in the corresponding opening process.

In order to successfully complete the user registration process, you must accept iNuba’s privacy and data protection policy.

4. iNuba App TERMS OF USE

By accepting these general terms and conditions, the user is granted a limited, non-exclusive, non-sublicensable and non-transferable licence for his sole personal use and for the access and use of iNuba App in accordance with the provisions of these terms and conditions.

By accepting these general terms and conditions, the user expressly agrees to make proper use of iNuba App, in accordance with morality, good customs, social uses and legality. You must refrain from using the App for any activity other than those permitted.

In the event that the user misuses the App, iNuba may block and terminate the user’s user profile and access to the App. Furthermore, in the event that the user engages in any conduct through the App which is considered unlawful, iNuba may take appropriate legal action.

5. PAYMENT

5.1 PRICES

iNuba offers both free and paid services. Specifically, the following:

In-cab measurements (iNubaBox) Price indicated in cabin

Free Clients Free access to certain functionalities

Premium customers Access to more functionalities by paying regular fees

iNubaBox Plus For Premium customers paying an additional monthly fee

Delivery service in nutrition This service can be accessed by paying a fee in advance.

The specifications for each of these services are set out in section 7 of these terms and conditions.

The user must provide iNuba with the necessary information to proceed with the payment of the respective services. To do so, he/she must enter his/her credit card details and authorise iNuba to store and process this information.

The application itself provides detailed and up-to-date information on prices, payment methods and associated services. The prices indicated include VAT according to the legal rate in force at any given time.

5.2 SUBSCRIPTION RENEWAL

In the event that the user has chosen any of the tariffs that entail a periodic payment, the same will be charged to the card previously indicated by the user automatically at the beginning of each monthly payment. The rates will be renewed automatically as long as the user does not cancel his subscription.

5.3 CANCELLATION

The user may unsubscribe from any tariff at any time.

If you are a Free Customer, the cancellation of your subscription will result in the deletion of your iNuba App account.

In the case of users who have chosen any of the paid tariffs, the cancellation of the subscription will be effective once the billing period of the corresponding monthly payment has ended. The user of any of the paid tariffs who cancels the subscription will become a Free Customer user.

If the user wishes, the subscription can be renewed at any time without having to open a new account.

6. HEALTH RECOMMENDATIONS

You use iNuba’s services at your own risk.

The recommendations of iNuba, in any of its sections, are based on scientific literature, but they are not medical advice, nor in any case can they replace a medical examination or treatment.

If you are aware of any pre-existing medical condition we recommend that you consult a doctor before starting the services proposed by iNuba. We also recommend that you pay attention to your body’s signals, and if before starting or continuing a training session you feel unwell or have any doubts about your state of health, consult a doctor.

For nutrition-related services, you are responsible for verifying that the foods recommended as part of iNuba do not contain ingredients that may cause you food intolerance or any related problems.

Pregnant women and breastfeeding mothers should consult their doctor and make sure that there are no contraindications before starting the training sessions we offer.

It is imperative that you comply with the guidelines, instructions and/or guidelines set by iNuba, in the nutrition service, in the fitness service, in the entry of metrics in the App as well as in the use of the iNubaBoxes. iNuba assumes no responsibility if you deviate from them.

To the extent that training equipment or tools are used, it is your responsibility to ensure that such equipment and tools are in good working condition and that they are properly installed, configured and used.

7. SERVICES OFFERED

· In-cab measurements (iNubaBox)

Any user who has registered with the system can go to one of the iNubabox booths operated commercially by the service provider to undergo a fast and very complete measurement system that provides information on parameters such as fat percentage, muscle mass, etc. The iNubaBox obtains depth spectrum data from the user, which is then reconstructed by complex algorithms and allows the generation of a 3D avatar with the user’s body silhouette. In addition to the generated 3D avatar, the user will be provided with health indicators such as fat percentage, waist/hip ratio, biceps diameter… The RGB images and depth images obtained are then destroyed in the reconstruction and processing process. The technical team will only have access to the three-dimensional reconstruction and metrics in case it is necessary due to a system failure or error.

In order to use the cabin, it will be necessary to pay the fee specified in the application itself.

Persons taller than 212 cm shall not be allowed to use the in-cab measurement system.

One of the tools used in the cabin is electrical biompedance, which allows direct measurement of body composition and consists of a minimal electrical current. Although it is not dangerous,

its use is not recommended for pregnant women, people with pacemakers and prosthetic limbs. When the user belongs to any of these groups, they should inform the user when filling in their data and the electrical biompedance system will be deactivated, although the cabin can still obtain very valuable metrics, although somewhat less precise than when the system is not deactivated. In any case, it is recommended that any user and, in particular, those who belong to these groups, consult their doctor before using iNubabox and make sure that there are no contraindications. The decision to use iNubabox is, in any case, the responsibility of the user.

In the iNubabox, the user will be provided with simple and detailed instructions on the position to adopt in order for the scanning process to be successful. If the process is not successful, the user will be able to repeat the process once again without paying the corresponding fee. In the event of a recurrence of an error, the user shall not be entitled to perform further scans without paying a new fee, unless the cause of the error is a technical failure of the system. In that case, the user shall be reimbursed.

· Client Free

Free customers are those who, having registered by opening a user account, do not pay a regular fee for nutrition and training services.

In order to provide nutrition and training services, the service provider must have the user’s physical data. If the free client makes use of an iNubabox, the results of their measurements are fed directly into the system, which integrates this data to create nutrition and training routines tailored to their conditions and needs. If the free client does not use an iNubabox, he/she will have to provide the results of his/her measurements to the system through the “settings” option.

The offer available to free customers is as follows:

– Access to nutrition services, but limited in days and variety:

– Fitness: First workout, you will have full access to all functionalities. Other workouts will have access only to the description of the workout.

– Exercise catalogues and closed routines will be limited in number.

– Target plans: This includes physical plans for specific objectives and rehabilitation of injuries will be limited in number and variety.

– Nutrition: On the first planned day you will have full access to all functionalities, rest of the days you will only have access to the dish and description, not to the recipe, nor ingredients….

– Recipe booklet: Limited number of dishes

– Delivery: Shopping list will be locked

– Target plans will be limited in number and extent.

– Access to all 3DHuman services.

– Limited access to gamification services (challenges proposed by the system’s artificial intelligence to help users achieve their goals).

– Access to all lifetracking services.

– Access to all Stats services (consumption graphs, steps, kilocalories burned, trends…).

· Premium Customer

In exchange for the payment of the periodic fee indicated in the application, Premium customers will receive the following services.

– A free scan in iNubabox for the first registration.

– Access to all premium nutrition services.

– Access to the full delivery service.

– Access to all Premium Fitness services.

– Access to all 3D Human services.

– Access to all gamification services (challenges proposed by the system’s artificial intelligence to help users achieve their objectives).

– Access to all lifetracking services.

– Access to all Stats services (consumption graphs, steps, kilocalories burned, trends…).

The service provider will provide the Premium customer with a complete, personalised and updated nutrition and training plan that will take into account the data from your iNubabox scan, the data you enter into the system, and your foreseeable progress if you follow the programme.

The premium customer must pay the monthly fee indicated in the application in advance. The service provider may update the amount of the fee at any time. The relationship between the premium customer and the service provider is of indefinite duration, but the customer may terminate at any time and without notice, if he does so he will not have to pay the fee for the month of notice, but may not request a refund of part of the fee for the current month. If the customer fails to pay any of the fees, even if he has not expressly stated his wish to cancel, iNuba reserves the right to automatically terminate the contract and to stop providing the user with the services contracted.

· iNubaBox Plus

In exchange for an additional amount per month to your Premium plan indicated in the application, iNubaBox Plus customers will receive the following services.

– 40% discount on iNubabox scans.

· Delivery service in nutrition

The nutrition Delivery service consists in that, in exchange for the advance payment that in each case will be indicated in the application, the service provider iNuba delivers the ingredients necessary to comply with the programmed nutrition routine to the address indicated by the customer. iNuba reserves the right to manage the delivery with third party specialised companies, supermarkets… transferring, if necessary, the data of the user for a correct service. The price to be paid by the customer includes the cost of the food, the cost of transport, and a fixed commission that may change at the will of iNuba (this price will be reflected in the app before processing the payment) the sum of both costs, which will be the profits for the service provider. The payment must be made by the customer with a minimum of time in advance of the time when the delivery of the food must take place, all information regarding the shipping time, place and time of delivery, order status… will appear in the App, in the email or by the means that iNuba deems appropriate to inform.

8. iNuba DISCLAIMER

iNuba App is an application whose purpose is to help the user to adopt, improve or keep track of their physical activity and nutrition by providing them with a series of services that will help them to improve their personal goals.

iNuba App gives a series of recommendations according to the goals and objectives set by each user based on the different scanners and/or information provided by the user.

However, the user is solely responsible for the outcome and consequences of the various recommendations made by iNuba.

iNuba prepares the training and nutrition plans adapting them to the particularities of each user taking into account ailments, operations, illnesses, injuries, food intolerances and allergies, but the user must take into account other factors which only reach into his own sphere of knowledge and iNuba will not be held responsible in case of incorrect execution of the exercises recommended in the training plans, problems related to nutrition when the menus and/or diets have been adapted to the parameters set by the user and others which may arise when iNuba has completed the services following the indications and information provided by the user.

9. PERMISSION TO ACCESS PUBLIC GOOGLE OR FACEBOOK PROFILE DATA

Users are offered the possibility to register with the iNuba App via a third party network, in this case via the user’s Google or Facebook accounts. To do so, they must expressly accept this access during the registration process. If they have accepted, iNuba will be able to access the data contained in the public profile they have in these accounts. This data is subject to the privacy policy of the aforementioned third parties and iNuba.

10. PERMISSION TO ACCESS DATA COLLECTED IN TOOLS SUCH AS GPS ON MOBILE DEVICES, APPLE WATCH OR GARMIN WATCH.

These tools provide useful data on the distance travelled by the user, the time spent on the route, the average speed, the evolution of the user’s constants, etc. All this information is taken into account by the system when drawing up nutrition and/or training programmes adjusted to the possibilities and needs of the client. The user who uses these devices can authorise iNuba to access the data stored in them, and can change the access permissions of the App at any time. These data will only be used by iNuba for the provision of the contracted services and are subject to the privacy policy.

11. REQUEST FOR INFORMATION. COMPLAINTS

The user may direct any questions he may have regarding the iNuba App to the email address [email protected] or, if he prefers, he may contact iNuba by telephone on 621 24 83 08.

12. ONLINE DISPUTE RESOLUTION

In compliance with the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters, the following is a link to the online dispute resolution platform set up by the European Commission, which consumers can use to resolve any discrepancies or disputes in relation to services provided online: https://ec.europa.eu/consumer/odr.

The user is also informed that iNuba will promote the amicable resolution of any dispute which may arise, and may submit to mediation or arbitration boards.

13. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

iNuba reserves the right to adapt and change the terms and conditions contained herein. In the event that it does so, it will notify the registered users of the changes by email at least fifteen days before the entry into force of the new version of the General Terms and Conditions. The user must expressly accept the updated General Terms and Conditions in order to continue using the iNuba App and the services offered through it.

14. RIGHT OF WITHDRAWAL

The user is informed that by accepting these general conditions of use of iNuba App, once they have registered and paid the fee corresponding to the type of user they wish, they will not be able to exercise their right of withdrawal, in accordance with the provisions of current applicable consumer legislation.

However, the user may unsubscribe at any time in accordance with the provisions of section 5.3 of these terms and conditions.

15. APPLICABLE LAW AND JURISDICTION

These general conditions are regulated in accordance with current applicable Spanish and European legislation. In the event of a dispute with the user, he/she may submit the resolution of the dispute to the competent courts, which may be those of his/her place of residence, in accordance with the provisions of the applicable legislation.

Latest version: January 2022