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 the “app”) of EVER Health GmbH, Goethestraße 5, 35633 Lahnau, HRB 9344. They apply to all users, both to private individuals (consumers within the meaning of section 13 BGB) and to professionals (therapists, coaches, doctors) acting as traders (section 14 BGB). Use of the app requires a minimum age of 18 years.

2Subject matter of the contract

2.1 Description of services

With the app, EVER provides a digital platform for personalised prevention and health optimisation. The platform comprises in particular the following functional areas:

• Client and practice management: managing clients, creating and managing health protocols based on food supplements, and sharing intake plans digitally.
• Biomarkers and lab values: uploading, visualising and documenting the development of biomarkers and lab values over time.
• AI-supported functions: EVER Guide to assist with creating protocols and evaluating lab results, plus AI chat functionality. These functions serve exclusively to organise information and do not constitute medical diagnoses, therapeutic recommendations or dosage suggestions.
• Networking: expert finder to connect professionals and end users.
• Commerce: integrated EVER Shop for protocol-based supplement recommendations and ordering them.

Professionals can support their customers/patients in a structured way. End users can organise their personal health routine and implement the recommendations of their professional.

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

2.2 Regulatory classification

EVER is not a medical device within the meaning of Regulation (EU) 2017/745 (Medical Device Regulation, MDR) and does not carry a CE marking as a medical device.

The platform serves exclusively as a digital tool for organising information in the field of wellness and prevention. EVER does not create medical diagnoses, does not give therapeutic recommendations and does not make automated clinical decisions. AI-supported functions such as EVER Guide serve to structure and prepare information and not to derive medical instructions for action.

Professional assessment, interpretation and decision-making remain exclusively with the responsible professional. All AI-generated content must be reviewed and approved by the professional before it is passed on to 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 licence.
• EVER checks credentials and may refuse 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 free of charge on a permanent basis.
• The paid plans (Starter, Professional, Practice+) are available as a subscription and are billed via the payment service provider Stripe.
• The prices applicable in each case are shown on the pricing page at everhealth.ai/preise. All prices include statutory VAT.

4.2 Billing cycle

• Billing takes place either monthly or annually, depending on the billing cycle chosen.
• The payment obligation begins when the paid plan is taken out.
• Subscriptions renew automatically for the respective billing period unless they are cancelled before the end of that period.

4.3 Additional services

• Active client slots and biomarker uploads that exceed the capacities included in the chosen plan are charged as additional services in accordance with the applicable price list.
• Additional services are billed in the same billing cycle.

4.4 Price changes

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

5Trial period

• Paid plans can be used without obligation as part of a 7-day free trial period.
• No payment details are required for the trial period.
• When the trial period ends, access to the extended functions ends automatically. There is no automatic conversion into a paid subscription.
• After the trial period, users can choose a paid plan or continue with the free Light plan.

6Changing plans and cancellation

6.1 Upgrade

• Switching to a higher plan is possible at any time.
• In the case of an upgrade, the difference is charged pro rata for the existing billing period.

6.2 Downgrade

• Switching to a lower plan or to the Light plan is possible at the end of the current billing period.
• In the case of a downgrade where the number of active clients exceeds the capacity included in the new plan, the user must specify before the switch which clients are to be deactivated. The system does not deactivate them automatically.

6.3 Cancellation

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

7EVER Shop

7.1 Intermediation and contracting party

• The EVER Shop makes it possible to purchase food supplements and related products.
• EVER Health GmbH acts as the seller of the products offered in the EVER Shop. The terms and conditions of the EVER Shop apply in addition to orders placed via the EVER Shop and 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 an invitation to place an order.

7.2 Partner programme

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

8Right of withdrawal for consumers

8.1 Withdrawal instructions

Consumers (section 13 BGB) have the right to withdraw from the contract within 14 days without giving reasons. 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, of their decision to withdraw from the contract by means of a clear statement (e.g. by email). To meet the withdrawal deadline, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

8.2 Early expiry of the right of withdrawal

The right of withdrawal expires early if EVER has begun performing the service with the consumer’s express consent before the end of the withdrawal period and the consumer has confirmed their awareness that, by giving their consent, they lose their right of withdrawal once performance begins (section 356 (5) BGB). This consent is obtained during the ordering process for paid plans.

8.3 Consequences of withdrawal

Provided the right of withdrawal has not expired and is validly exercised, the payments received will be refunded without undue delay and at the latest within 14 days. The same means of payment used for the original transaction will be used for the refund. If the user has consented to immediate performance, they must pay a reasonable amount for the portion of the service provided up to the point of withdrawal.

9Obligations of users

9.1 General obligations

• Information must be complete and correct; changes must be updated immediately.
• Access credentials 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 unlawful.
• Use of certain functions (e.g. management of customer protocols) is reserved for verified professionals.

9.2 Special obligations for professionals

• Professionals are themselves responsible for the accuracy and appropriateness of their recommendations to clients. EVER accepts no liability for professional decisions.
• Professionals are responsible for reviewing and approving AI-generated content (e.g. draft protocols, lab evaluations by EVER Guide) from a professional perspective before passing it on to clients.
• Professionals who process personal health data of their clients via EVER are themselves responsible for obtaining the necessary consents and for complying with data protection requirements (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 (2) (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 the data stored in the app (e.g. protocols, biomarker histories, client data) in a common, machine-readable format.
• In the event of cancellation or account deletion, EVER provides the option of data export for a reasonable period.
• After this period, the data is deleted in accordance with the statutory retention periods and the privacy policy.

12Availability and changes

• The app is provided in its current state of development.
• No guarantee of constant availability or of particular functions.
• EVER may develop, change or discontinue individual functions of the platform at any time.
• Material restrictions to existing plan services are announced with reasonable notice.

13Intellectual property and rights of use

• All content and functions of the platform are protected by copyright.
• Users receive a simple, non-transferable right of use for the term of the contract.
• Prohibited without written consent: copying, redistributing or commercially using platform content.
• Content uploaded by users (e.g. protocols, biomarker data) remains their property.
• EVER may process and store this content technically insofar as this is necessary to perform 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 material contractual obligations (in which case liability is limited to foreseeable, typical damage).
• In all other respects, statutory liability law applies, including the German Product Liability Act.
• No liability for services of third parties where users enter into a separate contractual relationship. EVER is liable only for its own fault in selecting or monitoring these third-party providers.

14.2 Liability for AI-generated content

• EVER accepts no warranty for the accuracy, completeness or suitability of AI-generated content (e.g. draft protocols, lab evaluations, chat responses).
• AI-generated content does not constitute professional advice and must always be reviewed by the responsible professional.
• EVER is not liable for damage arising from the use of unreviewed AI-generated content.

15Term and termination

• The contract begins with registration and runs for an indefinite period.
• Users can cancel their account in the app at any time.
• EVER may block or delete accounts for good cause (e.g. misuse, lack of qualification, breach of these terms and conditions).
• Different user roles may have different levels of access.

16Feedback

EVER may use voluntarily submitted feedback in anonymised form to improve the product.

17Changes to these terms

• EVER may change these terms and conditions for future use.
• Users are informed in good time.
• If users do not object within 14 days, the changes are deemed to have been accepted.

18Governing law and place of jurisdiction

• German law applies.
• The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
• Place of jurisdiction (where permissible): the registered office of EVER Health GmbH.

19Severability clause

• Should any provision be or become invalid, the validity of the remaining provisions remains unaffected.
• The invalid provision shall be replaced by a valid one that comes closest to what was intended economically.