PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU REPRESENT YOU ARE AT LEAST 18 YEARS OF AGE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU ARE NOT 18 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Jersonal GmbH (“Jersonal,” “We,” “Us,” and “Our”) is a German limited liability company (“Gesellschaft mit beschränkter Haftung”, GmbH) with a capital of 25000 euros registered in the Regional Court of Munich under number HRB 274470 with its registered office at Pestalozzistr. 23, 82041 Deisenhofen. Jersonal provides to its users ( “You”, and “Your”) a broad range of services, including coaching services , applications, platforms, site and any other product currently developed or to be developed in the future by Jersonal subject to the present terms of service. In any case, we strongly recommend you to consult with your healthcare provider before starting the Services and get regulary checkups during the Service, as Jersonal never provides any medical advice to its Users. We recommend to confirm all financial choices by reliable third parties. Nothing we write here can be considered advice or guidance for investment decisions or, for that matter, any other decisions. If uncertain, always consult an investment advisor and/or accountant.

Jersonal makes no representations of the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Furthermore, Jersonal assumes no responsibility for the accuracy, completeness, currentness, suitability, and validity of any and all external links you find here. Jersonal assumes no responsibility or liability for user postings or user communication.

These Terms of Service govern your use of the Services and may be completed by specific terms such as the Live Coaching terms attached hereto or any other additional terms in relation with any other Service provided by Jersonal. In case of contradiction between the Terms of Service and any Specific Terms of Service, the latter shall prevail over the Terms of Service. These Terms of Service together with any applicable Specific Terms, define your relationship with Us and give You the permission to use the Services. It sets out our respective rights, obligations, and responsibilities in relation to the provision and use of the Services. We rely upon Your promise that you have reached the legal age of majority in your province or territory of residence or that you have your parent or legal guardian’s permission to be authorized to use the Services and enter into these Terms of Service together with any applicable Specific Terms.

Article 1. DEFINITIONS

Unless otherwise stipulated by the Terms of Service or, if applicable, any Specific Terms, or unless otherwise the context requires, the following words or expressions, provided that the first letter is written with a capital letter, shall have the meaning assigned respectively hereto: Any reference in the singular also includes the plural and vice versa. Any reference to one gender includes the other gender. “Account”: Your personal user account that enables You to access the Service(s) with Your login and password. “App”: the app developed and operated by Jersonal to which You log in using your Account, created for this purpose to have access to the Service(s). “Coach(es)”: the qualified professional performing the live-coaching sessions pursuant to Jersonal coaching methods. “Live Coaching Services”: the live coaching services provided by Jersonal Coaches to the User pursuant to Jersonal coaching methods. “Party” or “Parties”: individually referred to as Jersonal or the User and collectively referred to as Jersonal and the User. “Privacy Policy”: the privacy policy of Jersonal governing Your data processing when you use the App and/or the Services. “Terms of Service” or “General Terms of Service”: the general terms of use of Our Service(s), defining the conditions under which You use the Services, including their preamble, their appendices and any other document, such as Specific Terms, to which they refer, as well as any amendment, substitution, extension or renewal thereof. “Services”: the services provided by Jersonal to the User, including but not limited to Apps, Sites, devices, and any other product currently developed or to be developed in the future by Jersonal described in the welcome page of each Service. “Site”: Jersonal website presenting the Services at the address: http://www.jersonal.com . “Specific Term”: any specific term governing the use of one service in particular completing the Terms of Service. “Subscription”: the subscription to which the User subscribes to access to the Service(s). “User”: the physical person having subscribed to the Service(s) provided by Jersonal according to the conditions set forth in these Terms of Service together with any applicable Specific Terms.

Article 2. SUBSCRIPTION TO THE SERVICE(S)

2.1 You subscribe to the Service(s) of Your choice at the price (the “Subscription Price”), for the term (the “Term”) and, following the subscription process (the “Subscription Process”) stated on the subscription page of the Service(s) or, if applicable, in any Specific Term. For certain Services, You may have a free trial period of time, or special pricing period of time during the use of Services (the "Trial Period"). Your subscription is automatically renewed for the same Term, except stated otherwise or you decide to terminate your subscription under the termination conditions defined in Article 7.

2.2 Your Subscription is definitively confirmed by email once You expressly accept the Terms of Service and, if applicable, any Specific Term without restriction or reservation, by ticking the box provided for this purpose and proceeding to the payment of the Subscription Price.

2.3. You proceed to the payment of Your Subscription in accordance with the conditions set forth in the Subscription Process. Unless otherwise agreed, the Subscription Price is due and payable at the beginning of each Term. The Subscription Price is generally not refundable. You must cancel Your subscription before its renewal to avoid billing fees for the next subscription period. If you have any concern or objection, We invite you to raise them with Us first and not to cancel or reject any credit card or third party payment processing charges, unless you have made a reasonable attempt at resolving the matter directly with Us.

2.3 We may update from time to time the Subscription Prices, including our pricing. In such cases, You will be notified in advance via email before such changes become effective. In any case, the changes will not apply retroactively but only for subscription renewals, except otherwise specified by Us to You. If you do not agree with these changes, you may choose to cancel your Subscription in accordance with the termination conditions defined in Article 7. If not, the updated Subscription Prices will be deemed accepted by You and applicable.

Article 3. ACCESS TO THE SERVICE(S)

3.1 User identification and contact information. Upon receipt and confirmation of Your subscription to the Service(s), You register your Account following the registration proceeding, providing complete, sincere, accurate and up to date identification and contact information when accessing the Service(s) and throughout its(their) use. You acknowledge and accept that the communication of incomplete, inaccurate or out of date identification and contact information may prevent You from accessing the Service(s), as well as the use thereof. Once your registration is validated, You have access to the Service(s) through your Account with Your login and password. It is Your responsibility to keep your details up to date throughout the Term. This particularly applies to contact details such as your email address, as we will use this to send you contractually relevant information.

3.2. Login and Password. You must take necessary measures to keep Your login and password confidential and to protect them from any risk of loss, theft, disclosure or unauthorized or illegal use. You acknowledge and accept that You are solely responsible for any loss, theft, disclosure or unauthorized or illegal use of Your login and password, as well as the access to and the use of Your Account and any eventual consequences. It is Your responsibility to immediately inform Us in the event of the loss, theft, disclosure or unauthorized or illegal use of Your login and password .

3.3 Environment, equipment, and technical and IT means. You must possess the environment, equipment and the technical and IT means necessary, including access to an internet connection and the hardware and software required to enable them to access and use the App and the Service(s). The access to the Service(s) is conducted remotely. You must ensure that their environments, equipment and technical and IT means are compatible and/or configured to be compatible with the Service(s). Items mentioned in the services such as sports utensils, dumbbells, cooking utensils, etc. are not part of the service and must be purchased separately. Results shown in the Services may vary, especially if you use items other than those recommended.

Article 4. THE SERVICE(S)

4.1. Description of the Service(s). You have access to the Service(s) to which You subscribe. The complete and updated description of the Service(s) is available on the Site and/or the App and/or any other media used to access the Service(s). You are invited to carefully read this description before starting your Subscription Process. For more details on a Service, you may contact Our customer service. If you are unsure about a Service or its contents, we recommend that you contact Our customer support before entering into the Subscription.

4.2. Licensing. The Service(s) is(are) only accessible on the App for which We grant You a worldwide, personal, non-exclusive, royalty-free and non-assignable right to access and use in accordance with the Terms of Service and, if applicable, any Specific Terms. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, including any and all technology, software, and content. You agree you will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, including any and all technology, software, and content. You agree that you will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App. The worldwide license does not imply that the Service is available everywhere. Due to local restrictions beyond our control, the Service may not be available everywhere.

Article 5. RULE OF USE OF THE SERVICE(S)

5.1. Compliance use of the Service(s). You undertake to use the Service(s) in compliance with the Terms of Service and, if applicable, any Specific Terms, and the laws and regulations in force.

5.2. Improper use of the Service(s). You undertake not to use the Service(s) in an improper manner and notably:

• in any other way or for any other purpose than those expressly authorized under the Terms of Service and, if applicable, any Specific Terms, including the Live Coaching Terms,

• in a way that breaches the laws and regulations in force,

• in a way that infringes on public order and decency,

• in a way that affects the operation or the security of the Service(s), notably, but not exclusively, through the use of viruses or malicious software,

• in a way that infringes on the rights and interests of Jersonal, other Users, Coaches or third Parties,

• in a way that infringes on the intellectual or industrial property rights of Jersonal, other Users, Coaches or third parties,

• in a way that infringes on the personal data or the private life of other Users, Coaches or third parties,

• for medical, pharmaceutical or clinical purposes, recommendations or advises, being expressly stated that none of the Service(s) include provision of medical care whatsoever,

• not so share the account with another person,

• for specific investments not previously approved by or discussed with an authorized advisor that are based solely on the information in this service.

5.3. Use of the content of the Service(s). You undertake not to use the Service(s) in an infringing manner and notably:

• to reproduce, represent or adapt all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,

• to adapt or create products, services or work derived from all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,

• to market, sell, lease, lend or exchange all or part of the Service(s), and the elements present on it, as well as the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,

• to extract all or part of the Service(s) and the elements present on it, including, the brands, corporate names, logos, texts, visuals, images, photographs, music, videos, drawings, models, software, databases, etc.,

• to disassemble, decompile, perform reverse engineering or discover the software source code of all or part of, the Service(s),

• to remove the intellectual property right notices on the Service(s),

• to infringe upon the intellectual or industrial property rights of Jersonal, other Users, Coaches or third parties, in any way whatsoever.

5.4. Content provided by You. While using the Service(s), You provide Us with Content. You undertake not to make any false or misleading allegations, any allegations of an abusive, defamatory, derogatory, pejorative, shocking, indecent, obscene, violent, insulting, hateful, degrading, discriminatory, sexist, racist, xenophobic, homophobic, pornographic, or revisionist nature, and any allegations that infringe upon Our reputation or, the dignity of other Users, Coaches or third parties. You acknowledge and accept that You shall be solely liable for any violation of the applicable regulations on this basis. You shall hold Jersonal harmless against any complaint, claim or legal proceedings of any nature, on this basis. We may delete at Our own discretion the obviously illegal content, data and comments communicated, published or stored via the Service(s) following the notification of other Users, Coaches, or third parties without any further notification to You.

Article 6. OBLIGATIONS, WARRANTIES AND LIABILITY

6.1. Obligations. We undertake to provide You with the Service(s) as described. Nevertheless, We reserve the right to interrupt momentarily the access to the Service(s) for maintenance and/or improvement reasons.

6.2. Warranties. Unless otherwise specifically stated in Specific Terms, We provide Our Services “as is” and “as available” basis and exclude all express or implied warranties, representations, or endorsements whatsoever including, but not limited to, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose or that the Service(s) will be error-free or uninterrupted. We only warranty any lack of conformity on the Service(s) regarding its performance, quality and/or fitness for its usual purpose that you would discover within two years from Your Subscription. We expressly disclaim any and all implied warranties.

You assume total responsibility and risk when You use the Service(s) and the following actions taken and/or the changes in your life made accordingly. In particular, We exclude all warranties, representations, or endorsements whatsoever in relation to medical care, investment decisions or psychological advise.

We are not a licensed medical care provider, We never assess or control your health status that you remain fully responsible of and never provide any medical care or diagnostic. The information that You may receive through the Service(s) or our Coaches is offered for informational purposes to a greater audience only and is not a specific diagnosis for you. It is not a recommendation or endorsement of any drug, device, or treatment or representation that a particular drug, device or treatment is safe, appropriate, or effective for You.

We are not a licensed investment advice provider. We do not give investment advice. All representations shall be viewed as the opinion of the individuals at Jersonal. Our statements refer to general comparison groups of people. Their circumstances may be similar to Yours, but there may also be differences. Before acting on any idea, You should consider whether it meets all your requirements and takes into account Your specific circumstances, environment and goals. Please note that investments, in particular, always involve risk. For more information, please contact Your bank or other authorized advisor.

We further do not guarantee that the Service(s) shall be exempt from any virus and/or that We shall intervene or remedy any eventual viruses, that the Service(s) will function without interruption, breakdown, bugs or errors and/or that We shall intervene or correct any eventual interruption, breakdown, bug or error,that the Users’ environment, equipment or technical or IT means will be compatible or compliant to enable them to access or use the Service(s).

6.3. Liability. We are not liable in the event of : (i) a failure of the internet, or the environment, the equipment or technical or IT means of the User, (ii) the loss, contamination, destruction or alteration of the Your information, documents and data occurring during or consecutively to Your access or the use of the Service(s), (iii) the loss, theft, disclosure or unauthorized or illegal use of Your login and passwords,(iv) improper or illegal use of Your Account, (v) any improper or illegal use of the Service(s), (vi) Your violation of any one of Your obligations under the Terms of Service, (vi) Our breach of Our obligations under the Terms of Service caused by You and/or a third-party, (vii) an event of force majeure as recognised by the law.

If We are found to be liable any direct, foreseeable and proven damage or loss which arises out of or is in any way connected due to a breach of Our obligations (excluding Your use or inability to use the Service(s) under the Terms of Service or, if applicable any Specific Terms including the Live Coaching Terms, by a legal decision that has become definitive and enforceable, Our total liability shall be limited to the amount of the sums that You pay over the last twelve (12) months, for the Service(s) concerned by said breach. Except where prohibited by law, in no event, We will be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of the Service under these Terms of Service. The foregoing limitations do not apply for fraud, fraudulent misrepresentation, or death or personal injury cause by negligence or willful misconduct. No action for breach arising out of these Terms of Service shall be brought by You more than one (1) year from the date the claiming receives the knowledge of the cause of action.

Article 7. TERMINATION OF THE SERVICE(S)

7.1. Withdrawal. Whether EU consumers regulations are applicable to You, You have the right to withdraw from this Terms of Service within 14 days from the day of your registration without giving any motivation except when the execution of the Service started before the end of this period. To exercise your right of withdrawal, you must inform Us of your decision by using the refund request form accessible in the Help Center section of the App. We will communicate to you an acknowledgement of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you decide to exercise your withdrawal right, we will reimburse You Your payments without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Terms of Service. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

7.2. Termination of the Service(s) by the User. You are free to terminate Your subscription to the Service(s) at any time, for any reason whatsoever, without prior notice following the termination process of the Service. The termination of Your Subscription during the trial period is operated free of charge and operated by yourself on the App, at least 24 hours before the term of the trial period. In case of termination of Your Subscription after the trial period has expired, You will remain subject to the payment of the newly created subscription .

7.3. Termination of the Service(s) by Jersonal. We reserve the right to suspend or terminate your subscription to the Services in case, You would materially or repeatedly breach these Terms of Service or, if applicable the Specific Terms, including but not limited to any payment failure, intellectual property infringement or, any harm to another user or a third party, which would not be repaired in a period of time of thirty (30) days from the reception of our notice of advertisement or if We are required to do so to comply with a legal requirement or a court order. Otherwise we can terminate the Service at the end of the respective Term.

7.4. Effects. The termination of the Service(s), for any reason whatsoever, shall entail: (i) the termination of the Terms of Service and any Specific Terms, (ii) the termination of the Service(s), (iii) the closure of Your Account and the deletion of Your access to the Service(s) and the content of the Service(s), (iv) the deletion of the data imported or provided by You unless statutory retention periods apply. The termination of the Terms of Services is without prejudice to all clauses and provisions of said Terms of Services and any other applicable Specific Terms that are intended to survive the termination of the said Terms of Services, (v) any remaining payments. Any accrued claims, rights or liabilities of either Party shall not be affected.

Article 8. PERSONAL DATA

We process Your Data to provide You access with the Services in accordance with the applicable regulations. For more information about Your data processing, We invite You to read our Privacy Policy.

Article 9. INTELLECTUAL PROPERTY

Although We give you the permission to use the Service(s), We retain all right, title and interest, including all Intellectual Property rights We have in the Services.You do not have and shall not acquire by virtue of the Terms of Service or, if applicable the Specific Terms including the Live Coaching Terms, any ownership right on the Services and agree to do nothing by act or omission, which would impair the Intellectual Property rights of Jersonal.

Article 10. CONFIDENTIALITY

The information shared by You in using the Service(s) will remain fully confidential unless you show explicit signs of self-harm or harming others, or unless you signal you would like your experience shared with the Jersonal team or the public. Notwithstanding the above, We may use your information by way of anonymization or aggregation to help Us to develop the Service(s) and provide You with new features.

Article 11. THIRD PARTY LINKS AND CONTENTS

You may have access to third party’s links while using the Service(s) redirecting to third party content. We do not endorse or make any representations about these third parties links and content, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to use any of these third party’s links, you do so entirely at your own risk.

Article 12. MISCELLANEOUS

12.1. Modifications and update of the Terms of Service. We reserve the right to update and modify the Terms of Service and, if applicable, any Specific Term, for legal, regulatory, or security reasons, or to reflect changes in our Services or, to prevent abuse or harm. These modifications and/or updates will be indicated by any useful means and in particular by the publication of a notice of the update on Your Account. These modifications shall apply as from the update notice, unless otherwise indicated in the Terms of Service. If You do not accept these modifications, You must stop using the App and the Service(s) and terminate these Terms of Service and if applicable, any Specific Term under the conditions provided for herein.

12.2 Autonomy of provisions. If any provision of the Terms of Service and, if applicable, any Specific Terms is invalid with regard to an applicable law or regulation, it shall be deemed unwritten, without this invalidating the entire Terms of Service, or if applicable, any Specific Terms.

12.3. Non-waiver of provisions. If one of the parties does not invoke the application of a provision of these Terms of Service and, if applicable, any Specific Terms, they shall not be considered as having waived the rights that result from said provision of the Terms of Service, or if applicable, any Specific Terms.

12.4. Communication. We communicate our Information via our Services, App, Website or using Your email. We will always communicate changes to the Terms of Service in advance by email.

Article 13. APPLICABLE LAW – COMPETENT JURISDICTION

13.1. Applicable law. The Terms of Service and, if applicable, any Specific Terms are governed by the law of Germany under exclusion of the UN Sales Convention.

13.2. Competent jurisdiction. In the event of any difficulty relating to the interpretation or application of these Terms of Service and, if applicable, of any Specific Terms, We do our best efforts to resolve the dispute amicably or through mediation. The European Commission also offers an Online Dispute Resolution Platform which We accept if required by law. If despite Our mutual effort, We do not find an amicable agreement, the dispute will be brought before the competent court in accordance with German law.

Effective: Mar 1, 2024

END