General Terms and Conditions (GTC)

Version 1.0 · 27 March 2026

This is a convenience translation. In the event of any discrepancy, the German version shall prevail.

§ 1 Scope

1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the use of the app myvyo (a
service of POLLION GmbH, Immanuelkirchstr. 14a, 10405 Berlin, Germany) between POLLION GmbH (hereinafter “Provider”
or “we”) and the Customer (hereinafter “Customer”, “User”, or “you”).

1.2. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of
the contract unless their validity is expressly agreed to in writing.

1.3. These GTC also apply to all future business relationships, even if they are not expressly agreed upon again.

§ 2 Subject Matter of the Contract

2.1. myvyo is a mobile application (app) for iOS that analyses health and wellbeing data from Apple
Health and provides the user with personalised insights and recommendations.

2.2. The Provider makes the following services available to the Customer via the app:

Free features (Free Tier):
- Passive tracking of health data from Apple Health / Google Health Connect
- On-device AI recommendations and smart nudges
- Mood and energy journalling
- Daily Wellbeing Score (0–100)
- 14-day timeline and dashboard
- Achievement streaks
- Data export in JSON format
Premium features (paid subscription):
- Daily cloud AI deep-dive insight
- Pattern analysis across all metrics
- Trend reports and anomaly detection
- EU-hosted, GDPR-compliant AI analysis

2.3. A detailed description of the service packages can be found in the app and on our website https://myvyo.ai.

    Important: myvyo is not a medical device and does not provide medical advice, diagnosis, or

    treatment. The app is intended for informational and motivational purposes only. For health-related questions,

    always consult a qualified healthcare professional.

§ 3 Conclusion of Contract

3.1. The display of the app and its features in the Apple App Store or Google Play Store does not constitute a
legally binding offer but an invitation to download.

3.2. By downloading and using the app, you enter into a usage agreement for the free features.

3.3. By purchasing a premium subscription via the Apple App Store or Google Play Store, you enter into an
additional subscription agreement. The contract is concluded when payment has been successfully processed by the
respective app store.

3.4. By using the app, you declare your agreement with these GTC, the Privacy
Policy, the Terms of Use, and the Cancellation Policy.

§ 4 Prices and Payment Terms

4.1. The prices applicable at the time of purchase in the Apple App Store or Google Play Store apply. All prices
include the applicable statutory value-added tax.

4.2. Payment is processed exclusively through the respective app store (Apple App Store or Google Play Store). The
accepted payment methods are determined by the respective app store’s terms.

4.3. Monthly subscriptions are billed on the date of purchase and then monthly on the same date.

4.4. Annual subscriptions are billed on the date of purchase and then annually on the same date.

4.5. The Customer receives invoices and purchase receipts through the respective app store.

§ 5 Term and Cancellation

5.1. Monthly subscriptions:

Term: 1 month, automatically renewed for 1 month at a time.
Cancellation: Via the subscription management of the respective app store (iPhone: Settings → Apple ID →
Subscriptions; Android: Google Play → Subscriptions). Cancellation must occur at least 24 hours before the end of
the current billing period.

5.2. Annual subscriptions:

Term: 12 months, automatically renewed for 12 months at a time.
Cancellation: Via the subscription management of the respective app store. Cancellation must occur at least 24
hours before the end of the current billing period.

5.3. After cancellation, your access to premium features remains active until the end of the paid period. All free
features remain available thereafter.

5.4. No pro-rata refund of already paid amounts is provided unless required by the policies of the respective app
store.

5.5. The right to extraordinary termination for good cause remains unaffected.

§ 6 Right of Withdrawal for Consumers

The right of withdrawal for in-app purchases and subscriptions is governed by the terms of the respective app
store:

Apple App Store: In accordance with the Apple Terms of Use. Refunds can
be requested via the Apple Support website (reportaproblem.apple.com).
Google Play Store: In accordance with the Google Play Terms of Service.

Further details can be found in our Cancellation Policy.

§ 7 Usage Rights and Copyright

7.1. All content provided in the app (AI insights, graphics, texts, software) is protected by copyright and is the
property of POLLION GmbH or its licensors.

7.2. By using the app, you receive a simple, non-exclusive, non-transferable right to use the app for personal,
non-commercial purposes.

7.3. Prohibited use:

Resale or transfer of access to third parties,
Reverse engineering, decompilation, or disassembly of the software,
Automated mass queries of AI insights or data,
Use of app content to create competing products,
Circumvention of access controls or security measures.

7.4. In the event of violations of these usage rights, we reserve the right to suspend access to the app.

§ 8 Availability and Technical Requirements

8.1. We endeavour to ensure the highest possible availability of our services but cannot guarantee 100%
availability.

8.2. Technical requirements:

iOS: iPhone with iOS 26.2 or later, optional Apple Watch,
Internet connection (for cloud AI features and subscription verification).

8.3. The Customer is responsible for providing these technical requirements.

§ 9 Data Protection

9.1. We process your personal data in accordance with the provisions of the General Data Protection Regulation
(GDPR) and the German Federal Data Protection Act (BDSG).

9.2. Details on data processing can be found in our privacy policy: https://myvyo.ai/privacy

§ 10 Liability

10.1. We are liable without limitation for damages arising from injury to life, body, or health if the breach of
duty is based on an intentional or negligent act by us, our legal representatives, or our vicarious agents.

10.2. For other damages based on an intentional or grossly negligent breach of duty by us, our legal
representatives, or our vicarious agents, we are liable without limitation.

10.3. Otherwise, we are only liable for breach of material contractual obligations (cardinal obligations). In this
case, liability is limited to the foreseeable, contract-typical damage.

10.4. Health-related disclaimer: myvyo is not a medical device. We assume no liability for
health-related decisions made on the basis of AI insights or recommendations from the app. The analyses and
recommendations provided in the app do not replace medical advice, diagnosis, or treatment.

10.5. Liability under the German Product Liability Act remains unaffected.

§ 11 Changes to the GTC

11.1. We reserve the right to amend these GTC with effect for the future, where this becomes necessary (e.g. due to
changes in the law, scope of services, or prices).

11.2. You will be informed of changes at least 4 weeks before they take effect, by email or in-app notification.

11.3. If you do not object to the changes within 4 weeks of receiving the change notification, the changes are
deemed accepted. We will specifically draw your attention to the right to object and the significance of the
deadline in the change notification.

11.4. In the event of an objection, both parties have the right to terminate the contractual relationship
extraordinarily at the time the changes take effect.

§ 12 Final Provisions

12.1. Applicable law: The law of the Federal Republic of Germany applies, excluding the UN
Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the
country in which the user has their habitual residence remain unaffected.

12.2. Jurisdiction: Where the Customer is a merchant, a legal entity under public law, or a
special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is
Berlin, Germany.

12.3. Severability clause: Should individual provisions of these GTC be or become invalid or
unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable
provision shall be replaced by the valid provision that most closely corresponds to the economic purpose of the
invalid provision.

12.4. Dispute resolution: We are neither willing nor obligated to participate in dispute
resolution proceedings before a consumer arbitration board.

12.5. Apple/Google terms: In addition to these GTC, the terms of use of the respective app store
apply (Apple Standard
EULA, Google Play Terms of
Service).