General Terms and Conditions for the use of the EVER platform

1Scope

These Terms and Conditions apply to the use of the digital platform "EVER" (hereinafter "App") of EVER Health GmbH, Goethestraße 5, 35633 Lahnau, HRB 9344. They apply to all users, both private individuals (consumers within the meaning of Section 13 of the German Civil Code (BGB)) and professionals (therapists, coaches, doctors) acting as entrepreneurs (Section 14 of the German Civil Code (BGB)). Use of the App requires a minimum age of 18 years.

2Subject of the contract

2.1 Description of services

EVER's app offers a digital platform for personalized prevention and health optimization. The platform includes the following functional areas:

• Client and practice management: Administration of clients, creation and management of health protocols based on dietary supplements, and digital distribution of intake plans.
• Biomarkers and laboratory values: Upload, visualization and documentation of the progress of biomarkers and laboratory values.
• AI-powered features: EVER Guide to assist with protocol creation and lab analysis, as well as AI chat functionality. These features are solely for information organization and do not constitute medical diagnoses, treatment recommendations, or dosage suggestions.
• Networking: Expert finder for mediating between experts and end users.
• Commerce: Integrated EVER shop for protocol-based supplement recommendations and ordering.

Professionals can provide structured support to their clients/patients. End users can organize their personal health routine and implement their professional's recommendations.

The platform is available in various usage plans. The Light plan is permanently free. Paid plans (Starter, Professional, Practice+) offer expanded features and higher capacity. The exact scope of services depends on the chosen plan. The current plan overview can be viewed at everhealth.ai/preise.

2.2 Regulatory Classification

EVER is not a medical device as defined by Regulation (EU) 2017/745 (Medical Device Regulation, MDR) and does not bear a CE marking as a medical device.

The platform serves solely as a digital tool for organizing information in the areas of wellness and prevention. EVER does not make medical diagnoses, provide therapeutic recommendations, or make automated clinical decisions. AI-powered features like EVER Guide are designed to structure and present information, not to derive medical treatment instructions.

The professional evaluation, interpretation, and decision-making remain solely with the responsible professional. All AI-generated content must be reviewed and approved by the professional before being shared with clients (human-in-the-loop principle). EVER does not replace medical advice, diagnosis, or treatment.

3Registration and certificate validation

• Registration is required for all users.
• Professionals (therapists, coaches, doctors) must upload a valid certificate or license.
• EVER checks credentials and may deny access.
• Private individuals are exempt from this obligation to provide proof.

4Plans, prices and payment

4.1 Plan structure

• The Light plan can be used permanently free of charge.
• The paid plans (Starter, Professional, Practice+) are available as a subscription and are billed via the payment service provider Stripe.
• The current prices are listed on the pricing page at everhealth.ai/preise. All prices include VAT.

4.2 Billing cycle

• Billing can be done monthly or annually, depending on the chosen billing cycle.
• The payment obligation begins upon completion of the paid plan.
• Subscriptions are automatically renewed for the respective billing period unless cancelled before expiry.

4.3 Additional Services

• Active client slots and biomarker uploads exceeding the capacity included in the selected plan will be charged as additional services according to the applicable price list.
• Additional services will be billed in the same billing cycle.

4.4 Price changes

• EVER reserves the right to change prices for future billing periods.
• Price changes will be announced at least 30 days before they take effect.
• Users have the right to cancel their subscription before the price change takes effect.

5Test phase (trial)

• Paid plans can be used without obligation during a 7-day free trial period.
• No payment details are required for the test phase.
• Access to the extended features ends automatically after the trial period. There is no automatic conversion to a paid subscription.
• After the trial period, users can choose a paid plan or continue working with the free Light plan.

6Change of plans and termination

6.1 Upgrade

• Upgrading to a higher plan is possible at any time.
• When upgrading, the difference to the existing billing period is calculated proportionally.

6.2 Downgrade

• Switching to a lower plan or the Light plan is possible at the end of the current billing period.
• In the event of a downgrade where the number of active clients exceeds the capacity included in the new plan, the user must specify which clients should be deactivated before switching. Automatic deactivation by the system does not occur.

6.3 Termination

• Users can cancel their subscription at any time in the app.
• The termination will take effect at the end of the current billing period.
• After cancellation of a paid plan, the account will automatically be switched to the Light plan.
• Amounts already paid for the current billing period will not be refunded unless the statutory right of withdrawal applies.

7EVER Shop

7.1 Mediation and contractual partners

• The EVER Shop allows the purchase of dietary supplements and related products.
• EVER Health GmbH acts as the seller of the products offered in the EVER Shop. Orders placed through the EVER Shop are also subject to the EVER Shop's General Terms and Conditions, which can be viewed at shop.everhealth.ai/policies/terms-of-service.
• The presentation of the products in the shop does not constitute a binding offer, but rather an invitation to place an order.

7.2 Partner Program

• Professionals can participate in the EVER partner program and receive a commission on orders generated through their recommendations.
• The terms and conditions of the partner program are set out in the separate partner program terms and conditions (everhealth.ai/agb-partnerprogramm).

8Right of withdrawal for consumers

8.1 Cancellation Policy

Consumers (§ 13 of the German Civil Code) have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.

To exercise the right of withdrawal, the user must inform EVER Health GmbH, Goethestraße 5, 35633 Lahnau, email: support@everhealth.ai, by means of a clear statement (e.g. by email) of their decision to withdraw from the contract. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

8.2 Premature expiry of the right of withdrawal

The right of withdrawal expires prematurely if EVER has begun performing the service with the consumer's express consent before the withdrawal period has expired, and the consumer has acknowledged that by giving their consent they lose their right of withdrawal upon commencement of performance (Section 356 Paragraph 5 of the German Civil Code). This consent is obtained during the ordering process for paid plans.

8.3 Consequences of the revocation

Provided the right of withdrawal has not expired and is effectively exercised, payments received will be refunded immediately and at the latest within 14 days. The refund will be issued using the same payment method used for the original transaction. If the user has agreed to immediate performance of the service, they must pay a reasonable amount for the portion of the service provided up to the point of withdrawal.

9User obligations

9.1 General Obligations

• Information must be complete and accurate; changes must be updated immediately.
• Access data must not be passed on to third parties.
• Use only in accordance with applicable law and these terms and conditions.
• Do not upload any content that infringes the rights of third parties or is illegal.
• The use of certain functions (e.g., managing customer logs) is reserved for verified professionals.

9.2 Special duties for professionals

• Professionals are responsible for the accuracy and appropriateness of their recommendations to clients. EVER assumes no liability for professional decisions.
• Experts are responsible for professionally reviewing and approving AI-generated content (e.g., protocol drafts, laboratory evaluations via EVER Guide) before it is passed on to clients.
• Professionals who process their clients' personal health data via EVER are responsible for obtaining the necessary consents and complying with data protection regulations (in particular Art. 9 GDPR).

10Data protection and data processing

• The processing of personal data is governed by the privacy policy, which can be viewed at everhealth.ai/datenschutz-app.
• EVER processes health data (Art. 9 para. 2 lit. a GDPR) exclusively on the basis of the express consent of the users concerned.
• All data is stored and processed on servers within the European Union.

11Data portability and data export

• Users have the right to export their data stored in the app (e.g., logs, biomarker histories, client data) in a common, machine-readable format.
• In the event of termination or account deletion, EVER provides the option to export data for a reasonable period of time.
• After this period, the data will be deleted in accordance with the statutory retention periods and the privacy policy.

12Availability and changes

• The app will be provided according to the current development status.
• No guarantee of constant availability or specific functions.
• EVER can further develop, change, or discontinue individual functions of the platform at any time.
• Significant restrictions on existing planned services will be announced with reasonable notice.

13Intellectual property and usage rights

• All content and features of the platform are protected by copyright.
• Users receive a simple, non-transferable right to use the service during the contract period.
• Prohibited without written consent: Copying, redistributing, commercial use of the platform content.
• Content uploaded by users (e.g., logs, biomarker data) remains their property.
• EVER may technically process and store this content to the extent necessary for the fulfillment of the contract.

14Liability

14.1 General Liability

• Liability for slight negligence is excluded, except in the following cases: damage to life, body or health; breach of essential contractual obligations (then limited to foreseeable, typical damage).
• Furthermore, statutory liability law applies, including the product liability law.
• EVER accepts no liability for services provided by third parties if users enter into a separate contractual relationship. EVER is only liable for its own negligence in the selection/monitoring of these third-party providers.

14.2 Liability for AI-generated content

• EVER assumes no responsibility for the accuracy, completeness or suitability of AI-generated content (e.g., draft protocols, lab results, chat responses).
• AI-generated content does not constitute professional advice and should always be reviewed by the responsible professional.
• EVER is not liable for damages resulting from the use of unverified AI-generated content.

15Duration and termination

• The contract begins upon registration and runs indefinitely.
• Users can cancel their account at any time in the app.
• EVER may suspend or delete accounts for important reasons (e.g., abuse, lack of qualification, violation of these Terms and Conditions).
• Different user roles can have different access methods.

16Return message

EVER may use voluntarily submitted feedback in anonymized form to improve its products.

17Changes to the terms and conditions

• EVER may change its terms and conditions for future use.
• Users will be informed in a timely manner.
• If users do not object within 14 days, changes are considered accepted.

18Applicable law and jurisdiction

• German law applies.
• Exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
• Place of jurisdiction (to the extent permitted): Registered office of EVER Health GmbH.

19Severability clause

• Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.
• The ineffective regulation is replaced by an effective one that comes closest to what was economically intended.