Terms of Use

1. Who we are and what these Terms govern

These Terms of Use (the "Terms") govern the use of the Nousshub mobile application (the "App" or the "Service") and form a legally binding contract between you (the "User", "you") and the sole proprietorship:

The above details are also provided to fulfil the information obligations of Greek Law 4727/2020 on electronic commerce and Greek Law 2251/1994 on consumer protection.

2. Acceptance of the Terms

Acceptance of these Terms and of the Privacy Policy, which forms an integral part of them, is given expressly: by ticking the relevant boxes when creating an account or, if you sign in for the first time with Google or Apple, on the acceptance screen shown before you use the App. By accepting, you confirm that you have read, understood and accepted these Terms. We record the version of the documents you accepted and the time of acceptance. Without this acceptance the App cannot be used.

3. Who may use the App

To use the App you must have reached the age of 16 and have the legal capacity to be bound by these Terms.

If you are between 16 and 18 years old, you confirm that you have the consent of your parent or guardian, in particular for making in-app purchases.

We reserve the right to refuse or terminate access for anyone who does not meet these requirements or where there is reason to suspect that they are not met.

4. Your account

• Creating an account requires a valid email address, which you confirm with a six-digit code, or signing in with a Google or Apple account.
• You undertake that the information you provide is true, accurate and up to date and that you will update it if it changes.
• You are solely responsible for keeping your password safe and for any activity carried out through your account.
• Your account is personal and may not be transferred, lent or shared.
• You must notify us without delay, and in any case within 24 hours, of any unauthorised use of your account.

5. What the Service offers

Nousshub is a fitness and wellness tracking app. Among other things, it includes:

• Logging strength workouts, creating programmes and viewing performance history.
• Logging endurance activities with GPS or manually, as well as timed sessions.
• Nutrition logging, calorie and nutrient goals, barcode scanning and AI food recognition.
• Syncing and viewing health data from Apple Health or Health Connect.
• Consistency and readiness indicators, statistics and history.

The App is available in a free version with limited features and in subscription versions. We reserve the right to change, add or remove features, as set out in section 14.

6. Important notice — medical disclaimer

7. Exercise and risk of injury

Physical exercise carries inherent risks, such as injury, heatstroke, cardiac events or, in extreme cases, death. You exercise at your own risk.

• You are solely responsible for assessing your physical condition and your limits.
• Stop immediately and seek medical help if you feel pain, dizziness, shortness of breath or any other symptom.
• The weights, reps, distances and intensities you record or that the App suggests are not recommendations tailored to your condition.

8. Accuracy of data

We make reasonable efforts to keep the information in the App correct, but we do not guarantee its accuracy, completeness or suitability, in particular regarding the following:

9. GPS use and safety during activity

Route recording also works in the background, so that it is not interrupted when the screen locks. This significantly increases battery consumption.

During an activity you must obey traffic rules and stay fully aware of your surroundings. Do not operate the App while moving on a road. We are not liable for accidents or damage caused by distraction or by your device battery running out.

10. Content you create

You retain ownership of the content you enter in the App (workouts, meals, notes, photos).

You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce and process this content, solely to the extent necessary to provide and maintain the Service to you. The licence ends when the content or your account is deleted, subject to backups and any legal retention obligations.

11. Prohibited conduct

The following are expressly prohibited:

• Using the App for any unlawful purpose or in breach of applicable law.
• Reverse engineering, decompiling (analysing the App to understand how it works and how it is built), disassembling or attempting to extract the source code, except where this is permitted or required by a mandatory provision of law.
• Accessing the application programming interface (API) by automated means, bulk data extraction (scraping) or circumventing usage limits and terms.
• Circumventing or attempting to circumvent subscription controls and the restrictions of free features.
• Creating multiple accounts to abuse trial periods or offers.
• Interfering with the operation of the Service, overloading our systems or introducing malicious software.

Breach of the above may lead to temporary suspension or permanent deletion of your account, as set out in section 15.

12. Subscriptions, prices and payments

12.1 How purchases work

Subscriptions are purchased exclusively through the Apple App Store or Google Play, which are responsible for charging your account and have access to your billing details. We do not receive or store card or bank account details. The sale and the charge are made by Apple or Google, depending on the store of purchase.

12.2 Prices and billing periods

Subscriptions are available on a monthly, quarterly and yearly basis, depending on the plan each user chooses. The current price is shown in the App before the purchase is completed, in the currency of your country and including applicable VAT.

12.3 Trial period and introductory offer

An introductory offer may be available, for example seven (7) days at a reduced price, after which the subscription automatically moves to the regular price of the plan. Eligibility is assessed case by case and each user is entitled to the offer once.

The exact terms, duration and price of the offer are shown clearly before you confirm the purchase.

12.4 Auto-renewal

Subscriptions renew automatically at the end of each period unless you turn off auto-renewal at least twenty-four (24) hours before the end of the current period. The renewal fee is charged within the twenty-four (24) hours before the new period begins.

Auto-renewal is managed and cancelled only from the subscription settings of your App Store or Google Play account. We are not able to cancel your subscription on your behalf.

Cancellation takes effect at the end of the current period. You keep access to subscription features until then.

12.5 Right of withdrawal

Subscriptions are purchased exclusively through the Apple App Store or Google Play. The right of withdrawal you have as a consumer under Greek Law 2251/1994 and Directive 2011/83/EU is exercised directly with Apple or Google, in accordance with the terms and procedures of the relevant store in force at the time of purchase. These Terms do not limit that right.

12.6 Refunds

Refund requests are submitted directly to Apple or Google, in accordance with the terms and procedures of their respective services, as they carry out the transaction. We do not have the technical means to issue refunds.

The above does not affect the mandatory rights you have under applicable consumer protection law, in particular in the event of a lack of conformity of the digital content.

12.7 Price changes

We reserve the right to change subscription prices. Any change will be notified to you at least thirty (30) days before it takes effect and will apply from the next renewal period. If you do not accept the new price, you can cancel your subscription before renewal, as described in section 12.4.

13. Intellectual property

The App, its source and executable code, design, graphics, icons, texts, databases, the Nousshub trademark and name and all related rights belong to us or our licensors and are protected by intellectual and industrial property law.

You are granted a limited, personal, non-exclusive, non-transferable and revocable licence to use the App for personal and non-commercial / non-professional purposes. No other right is transferred to you.

Copying, modifying, distributing, selling, renting, publicly performing or creating derivative works is prohibited without our prior written consent.

14. Availability and changes to the Service

We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted, timely or error-free operation. Access may be temporarily interrupted for maintenance, upgrades or reasons beyond our control.

The App requires an internet connection and a compatible device. Installing updates may be required; older versions may stop being supported.

We reserve the right to modify, suspend or discontinue any feature. Where this is a material change that adversely affects your active subscription, we will inform you in advance and you will be entitled to cancel your subscription for good cause, namely that you are no longer able to use the App.

15. Term and termination

By you: You can stop using the App and request deletion of your account at any time, in accordance with the Privacy Policy, which forms an integral part of these Terms. Deleting your account does not automatically cancel your subscription: it is cancelled from the store settings.

By us: We may suspend or terminate your access, with prior notice where reasonably practicable, in the event of a material breach of the Terms, unlawful or fraudulent use, or where required by law.

If termination is due to our fault or the Service is discontinued, you are entitled to a pro-rata refund of your subscription, as provided in the terms of the relevant store and applicable law.

16. Limitation of liability

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, we give no express or implied warranty as to fitness for a particular purpose, accuracy of data or the achievement of any health, fitness or body weight result.

To the extent permitted by law, we are not liable for:

• Physical harm or injury resulting from the exercise or diet you chose.
• Decisions about your health that you made based on data or indicators in the App.
• Inaccuracies in data coming from your device, Apple Health or Health Connect, the food database or automated recognition.
• Loss of data, loss of profit, consequential or indirect damage.
• Interruptions caused by third-party providers, force majeure or causes beyond our control.

In any event, our total liability to you is limited to, and shall in no case exceed, the amount you paid for your subscription in the twelve (12) months preceding the event giving rise to the damage.

Nothing in this section excludes or limits our liability for wilful misconduct, gross negligence, death or personal injury caused by our fault, or any liability that cannot be excluded under Greek and EU law, in particular towards consumers.

17. Indemnity

You agree to indemnify and hold us harmless against any third-party claim and to compensate us for any loss, cost or expense we incur, including legal fees and costs, arising from your culpable breach of these Terms, unlawful use of the Service or infringement of third-party rights.

18. Personal data

The processing of your personal data is described in detail in the Privacy Policy, which is available in the App and at https://nousshub.com/privacy and forms an integral part of these Terms.

19. Third-party services

The App connects to third-party services, in particular Apple Health, Health Connect, Sign in with Apple, Google, the App Store and Google Play. Their use is governed by their own terms and policies, which you must comply with. We are not responsible for the operation, availability or practices of those services.

20. Changes to the Terms

We may amend these Terms. For material changes we will inform you through the App or by email at least thirty (30) days before they take effect.

If you do not accept the new Terms, you are entitled to stop using the App and cancel your subscription before they take effect. From their effective date, continued use of the App requires your express acceptance of the new Terms through the relevant screen in the App.

21. Governing law and dispute resolution

These Terms are governed by Greek law and European Union law.

If you are a consumer habitually resident in another EU Member State, you retain the protection of the mandatory provisions of the law of your country of residence. We will try to resolve any dispute amicably. You can contact an alternative dispute resolution body, in particular the Hellenic Consumer Ombudsman (144 Alexandras Avenue, 114 71 Athens, Greece, www.synigoroskatanaloti.gr).

22. Miscellaneous

• Severability: If any provision is held invalid or unenforceable, the remaining provisions stay in full force and the invalid provision is replaced by a valid one that comes as close as possible to its economic purpose.
• No waiver: Failure to exercise any right does not constitute a waiver of it.
• Assignment: You may not assign any rights or obligations under these Terms. We may assign them in the event of a transfer or reorganisation of the business, after informing you in advance.
• Entire agreement: These Terms together with the Privacy Policy constitute the entire agreement between us on their subject matter.
• Language: The Greek text is the authentic and binding version. Any translation into another language is provided for convenience; in case of discrepancy the Greek text prevails.

23. Contact

Sidiropoulos Andreas Anestis — [email protected] — Kristoni, 61100, Kilkis, Greece — +306986896650

You can also contact us from the "Help & Support" screen in the App.

Appendix A — Additional terms for iOS users

In the event of a conflict between this Appendix and the rest of the Terms, the provisions of this Appendix prevail for iOS users.

• These Terms are concluded between you and us, not with Apple. Apple is not responsible for the App or its content.
• The licence granted to you is non-transferable and limited to using the App on Apple-branded devices that you own or control, as permitted by the Usage Rules set out in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide maintenance or support services for the App. Any such request should be addressed to us.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any claims relating to the App, such as product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection legislation.
• We, not Apple, are responsible for the investigation and resolution of any third-party claim that the App infringes intellectual property rights.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them against you.