1. WHAT’S IN THESE TERMS?

These terms of use set out the legally binding terms for your use of the Biowatch service and content standards that apply when you use the Biowatch services (including Freeage, OneHealth and test kits for samples of body fluids), app and webpage (hereafter “Service”) in any way, including providing content or information and engaging with other parties via the system.

These terms also contain specific disclaimer and limitation of liability.

You may not access or use the Service if you:

1) are not at least 18 years old.

We recommend you do not use the Service if you:

2) Suffers from haemophilia (in Danish “blødersygdom”),

3) If you experience discomfort or trouble staying upright at the sight of blood.

You are specifically informed and acknowledge that:

4) we do not provide medical advise. The Service is for informational use only.

5) your test results provided through the Service may be negatively affected, misleading or wrong if you suffer from a medical condition, use (prescription) medications. Some nutritional supplements may cause the same effect,

6) test result provided through the Service that are based on samples of capillary blood and saliva may have less accuracy and / or a larger variance than conventional blood samples analysed based on a venous blood sample,

7) we structure your test results and triangulate your data in the Service for the purpose of supporting and improving the quality of the dialog between you and our health expert. If your test results provide through the Service are outside the recommended ranges you are always advised and encouraged to seek and consult your own doctor, cf. section 8,

8) as a result of the blood-draw-device you may experience blue bruises, a minor stick mark, blood spots under the skin and excess blood (you are advised and encouraged to use the provided plaster to prevent damaging your clothes), and

9) as epigenetic testing is still an evolving field of study, the findings should not be considered definitive or predictive of specific health outcomes. The results may vary over time due to the dynamic nature of epigenetics, influenced by lifestyle, environment and other factors.

2. ENFORCEMENT

You understand and agree that we are under no obligation to oversee, monitor or moderate any content or use. Consequently, you might see, read or experience content in the Service that you might not agree with, or which might trigger negative feelings.

You also understand and agree that we may delete or moderate any content at any time if activity by a user is deemed to contravene the terms of acceptable use. In some severe cases, we may suspend or terminate the access to the Service at any time and without notice. If this happens and you are unhappy with the decision, please use the contact information to file a complaint.

Damage suffered by us because of the breach of the terms of acceptable use will be settled in accordance with the applicable law.

3. YOU MUST FOLLOW THE TERMS

By using our Service, you confirm that you accept the terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Service. We recommend that you print or download a copy of these terms for future reference.

Please be aware that other terms may apply to you when you use the Service.

We amend these terms from time to time as appropriate. When we do, we will let you know as soon as you log on to the Service.

4. WHO WE ARE AND HOW DO YOU CONTACT US?

Here is our company information: Name: Biowatch ApS,

Business reg. no. (VAT): DK-38576496 Location: Aurehøjvej 12 City: Hellerup Country: Denmark Web page: www.biowatch.me Tel.: (+45) 70605812 E-mail: contact@biowatch.me

5. PROHIBITED USES: WHAT YOU CAN’T DO

You may use our Service only for lawful purposes.

You may not use our Service:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• To harm or attempt to harm minors in any way.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses such as Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Service or content in the Service.
• Not to access without proper authority, interfere with, damage or disrupt the following: any part of the Service, any equipment or network on which the Service is stored, any software used in the provision of the Service, or any equipment or network or software owned or used by any third party.

6. CONTENT STANDARDS

Any use of the Service, including provided content or information, must not

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual or political orientation or age.
• Infringe any copyright, database right or trademark of any third party.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the content is provided by us if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

7. LIMITATION OF LIABILITY AND WARRANTY

THE LIABILITY OF BIOWATH IS LIMITED TO RESTORATION OF THE SERVICE FREE OF CHARGE WITHOUT UNDUE DELAY USING A REASONABLE AMOUNT OF TIME AND RESOURCES. ALL CLAIMS IN ADDITION ARE LIMITED TO OUR LIABILITY UNDER MANDATORY PUBLIC LAWS.

IN NO EVENT SHALL WE BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, AND ANY DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF OR INABILITY TO USE THE SERVICE OR SUPPORT SERVICES, EVEN IF WE HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

This limitation of liability applies to anything related to or arising from the Service, including e.g., support services or your use of the results of the Service, or your inability to use the Service or support services, and to claims for breach of contract, defects, delays, product liability, breach of warranty, guarantee or condition, strict liability, negligence, other tort, or any other claim under any theory, to the maximum extent permitted by law. It also applies even if repair, replacement, or refund for the Service or support services does not fully compensate you for any losses. You understand and accepts that the laboratory analysis of collected biological sample (e.g. blood, feces, saliva) may sometimes fail in part or in full due to the nature of the sample with the consequence that we cannot provide you with any test results or can only provide you with an incomplete range of test results. As a consequence you accept that we from time to time may only be able to provide you with an incomplete range of test results. In the event that the test results are incomplete or unavailable due to reasons attributable to Biowatch and subject to Biowatch deems the incomplete range of results as not fit for the intended purpose of the Service, Biowatch shall, at its discretion, have the right to offer one of the following remedies to you: a. Re-test: Offer to perform a new test at no additional charge to you at our clinic adresse in Hellerup, Denmark; or b. Price Reduction: Provide a proportional reduction in the price of our service by issuing a refund equal to the missing or incomplete portion based on the agreed range of tests included in the service to you. The choice between a re-test or refund shall be determined by Biowatch, taking into account the nature and extent of the missing results. The remedy offered under this clause shall constitute the sole and exclusive remedy for missing or incomplete test results unless otherwise mandated by law.

8. MEDICAL DISCLAIMERS

The Service is not intended to diagnose any disease or condition or to support a specific treatment or medical decision concerning any disease or condition. The Service are for research, informational and educational use only. We do not provide medical advice. If you are provide with any recommendations and/or potential ways to act, this information is intended for informational purposes only and for discussion with a physician or other healthcare provider.

You should consult with your personal physician for specific advice relating to your medical questions or conditions. None of the information and/or statements made available through the Service are intended to replace the attention or medical instructions from your personal physician / medical doctor. Only your personal physician can completely and appropriately assess your situation and make conclusive decisions regarding your care.

Nothing on the website or made available through the Service is meant to imply a person should take actions toward medical treatment without the consent and/or supervision of a doctor or specialist. It should not be used as an alternative to visit, call, consult or seek the advice of your personal physician. If you have any health care related questions or concerns, you are advised and encouraged to see your personal physician without delay.

Always consult with your personal physician or qualified health care provider before altering current care or embarking on a new treatment, drug or diet. You should never disregard medical advice or delay seeking it because of something made available through the Service.

The risks of blood draw may include, fainting, infection, discomfort, bleeding following application of the blood-draw sampling device and exposure to chemicals leaching in from the device.

Based on the review of your test results provided through the Service you may be advised to consult your personal physician. As a result, you may learn about health conditions and problems or potential health risks that you were not aware of before using the system. You may experience stress, anxiety, or emotional or physical discomfort when you learn about health problems or potential health problems. In addition, you could have a disease or condition regardless of what is made available to you through the Service.

Some of the genetic and epigenetic findings and correlations that we report in the Service have not been clinically validated. Epigenetic tests provide insights into potential gene expression patterns but are indicative and not conclusive. The results may vary over time due to the dynamic nature of epigenetics, influenced by lifestyle, environment, and other factors. As epigenetics is still an evolving field of study, the findings should not be considered definitive or predictive of specific health outcomes. For a more comprehensive understanding of potential health- and lifespan, such results should be interpreted in combination with other relevant metrics such as lifestyle factors, VO2-max, grip strength, and additional observations and (if relevant) medical assessments.

9. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms and any dispute, controversy or claim arising hereunder or in connection herewith, including the use of the Service, its subject matter or formation, including any dispute or claim relating to non-contractual obligations, shall be exclusively governed by, and construed in accordance with the laws of the Kingdom of Denmark.

Any dispute, controversy or claim arising under, out of, or relating to this these terms and the use of the Service, including its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall exclusively be referred to the district court of Copenhagen.