Terms and Conditions for the Use of the EVER App – Early Access
Effective: July 2025
1. Scope of Application
These Terms and Conditions (T&Cs) apply to the use of the digital platform “EVER” (hereinafter referred to as the “App”) provided by EVER Health GmbH, Goethestraße 5 / 35633 Lahnau, registered in the commercial register HRB 9344, represented by its managing directors (hereinafter referred to as “we” or “EVER”).
These T&Cs apply to all users of the EVER App, including private individuals (consumers within the meaning of Section 13 of the German Civil Code) and qualified professionals (therapists, coaches, physicians) acting as business users (Section 14 BGB).
2. Subject Matter of the Agreement
EVER provides a digital platform through the App that enables both private individuals and qualified professionals to manage supplement-based health protocols and, where applicable, support clients or patients.
Within the framework of a free Early Access Program, EVER grants access to the current functions of the App. There is no entitlement to use or to specific functionalities. Participation serves the purpose of evaluation and product improvement. Users are encouraged to voluntarily provide feedback.
3. Registration & Certificate Validation
Registration is required to use the App. Access is available to both private individuals and qualified professionals. Professional users (such as therapists, coaches, and physicians) are required to upload a valid and up-to-date certificate or license during the registration process. EVER reserves the right to verify these credentials and deny access at its discretion.
Private individuals are not subject to this verification requirement.
4. User Obligations
- Users must provide complete and accurate information during registration and usage. Any changes must be updated immediately.
- Access credentials must not be shared with third parties.
- The App may only be used in accordance with applicable laws and these T&Cs.
- Users must not upload content that infringes applicable law or third-party rights.
- Users must ensure that they are authorized to use the App’s features as intended, depending on whether they are acting as a private individual or as a healthcare professional. The use of certain features (e.g. managing client protocols) may be limited to verified professionals.
The processing of personal data is governed by our separate [Privacy Policy].
5. Availability and Changes
EVER provides the App based on its current state of development. There is no guarantee for permanent availability or specific functionalities.
EVER reserves the right to modify, develop, or discontinue the App or parts of the Early Access Program at any time. Users will be informed in advance in case the App transitions to a paid model.
6. Intellectual Property and Usage Rights
All content and functionalities of the App are protected by copyright law.
EVER grants users a simple, non-exclusive, non-transferable right to use the App within the scope of their professional activity and for the duration of the Early Access Program. Any other use, such as copying, redistribution, or commercial exploitation, is prohibited without prior written consent.
If users upload their own content to the App (e.g. health protocols, data), they retain full rights to such content. However, EVER is entitled to technically process and store the content as necessary for contract fulfillment.
7. Liability
1. Liability of EVER Health GmbH and its vicarious agents for slight negligence is excluded, unless otherwise specified below:
2. The above exclusion under (1) does not apply to liability for damages resulting from injury to life, body or health, nor to claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment makes the proper execution of the agreement possible in the first place and on the fulfilment of which the user regularly relies and may rely. In the event of a breach of essential contractual obligations, liability shall be limited to typical and foreseeable damages.
3. In all other respects, liability is governed by the applicable statutory provisions. This includes, in particular, the provisions of the German Product Liability Act (Produkthaftungsgesetz), which apply regardless of fault.
4. EVER does not assume any liability for third-party services or omissions as defined in § X para. 5, where EVER merely acts as an intermediary via its platform and the user enters into a separate contractual relationship with such third party. EVER is only liable for its own fault in the selection and monitoring of these third-party providers (selection/monitoring liability).
8. Term & Termination
The agreement begins upon successful registration and continues for an indefinite period.
Users may terminate their account at any time within the App. EVER reserves the right to suspend or delete accounts at any time for good cause (e.g. misuse or lack of qualification).
Different user roles (e.g. private individuals vs. professionals) may have different access levels or conditions. EVER reserves the right to adjust or restrict access accordingly.
9. Feedback
EVER is entitled to use voluntarily submitted user feedback and suggestions in anonymized form to improve the product.
10. Changes to the Terms
EVER reserves the right to modify these Terms for future use. Users will be informed of any changes in a timely manner. If users do not object within 14 days of being notified, the changes will be considered accepted.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If legally permissible, the place of jurisdiction is the registered office of EVER Health GmbH.
12. Severability
If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced with a valid one that most closely reflects the economic intent.