TERMS AND CONDITIONS (T&Cs)

These General Terms of Use (hereinafter the "T&Cs") constitute a legally binding agreement concluded between you, the user (or "you"), and the company Deuswell (or "we") regarding the access and use of the mobile Application and all of our Services.

We, the company Deuswell, a simplified joint stock company (SAS) registered in France, operate the Deuswell mobile application and related services.

By accessing our Services, you acknowledge that you have read, understood and accepted to be bound by all of these T&Cs. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING DEUSWELL AND YOU MUST CEASE IMMEDIATELY.

ARTICLE 1. OBJECT, DEFINITIONS AND CONTRACTUAL AGREEMENT

1.1. Definitions

Legal terms (e.g., "personal data", "data subject", "processor") have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).

- "Application": Refers to the Deuswell mobile application.

- "Services": Refers to all services offered by us (Website, Application, related products).

- "Content": Refers to the source code, databases, functionalities, software, designs, audio and video content, text, photographs and graphics from us.

- "Trademarks": Refers to the trademarks, service marks and logos associated with us.

- "User": Refers to the natural or legal person accessing the Services.

1.2. Agreement and Acceptance

These T&Cs constitute a legally binding agreement concluded between you and us, governing the access and use of the Services. Access and use of the Services imply full, total and unreserved acceptance of these T&Cs.

ARTICLE 2. LEGAL INFORMATION AND CONTACT

Application Publisher: Deuswell

General Email: hello@deuswell.com

DPO Contact (Personal Data): dpo@deuswell.com

ARTICLE 3. NATURE OF SERVICES AND INTERNATIONAL ACCESSIBILITY

Deuswell is a next-generation technology platform aimed at sustainably transforming mental, emotional and physical well-being, as well as the way online therapy is accessed and personalized on a global scale. By leveraging advanced technologies such as artificial intelligence, machine learning and in-depth analysis of physiological biomarkers, Deuswell develops a predictive infrastructure capable of anticipating burnout risks, optimizing sleep, regulating stress and improving daily performance and productivity. Our Services include notably: (i) integration of health data from third-party applications (Apple HealthKit, Google Health Connect); (ii) use of this data through multimodal analysis of physiological and behavioral biomarkers to generate predictive well-being metrics; (iii) an AI assistant (Annie AI) providing personalized hybrid therapeutic support (AI + human professionals); (iv) meditation techniques, stress management and sleep optimization. You acknowledge and consent to our discretion in modifying, updating or otherwise changing these Services.

Deuswell is accessible internationally. The user is responsible for verifying that their use of Deuswell complies with the laws and regulations in force in their country of residence, including French legislation and the GDPR.

ARTICLE 4. MODIFICATION OF THE T&Cs

We reserve the right to modify these T&Cs at any time and for any reason. Please review these T&Cs regularly to ensure that you are aware of any modifications. The user will be informed in advance of any substantial modification. Substantial modifications will take effect seven (7) days after notification. By continuing to access or use the Services after such revisions take effect, you agree to be bound by the revised T&Cs. In case of disagreement with the changes, the user must immediately cease using the Services.

ARTICLE 5. MEDICAL AND EMERGENCY DISCLAIMER

THIS CLAUSE IS FUNDAMENTAL AND DEFINES THE NATURE OF OUR SERVICES.

5.1. Non-Medical Nature of the Service

Deuswell does not constitute a medical service, a telemedicine platform, or a substitute for psychotherapy. The information, AI advice and exercises available are provided for informative, educational and general well-being support purposes only.

5.2. Absence of Medical Advice

The information in no way constitutes medical advice, a diagnosis, a prescription or a personalized treatment. It should never substitute for a consultation with a qualified health professional.

5.3. Specific Warning for Annie AI

Annie AI is a well-being assistant based on artificial intelligence. The responses, analyses and recommendations generated by Annie AI are provided for informational purposes only. Annie AI is NOT a licensed healthcare provider and its outputs do not constitute medical advice, diagnosis or treatment. You should always consult a physician before making changes to your health, sleep or activity based on information provided by Annie AI.

5.4. Emergencies

IN CASE OF PSYCHOLOGICAL DISTRESS CRISIS, SUICIDAL THOUGHTS OR ANY MEDICAL EMERGENCY, THE USER MUST IMMEDIATELY CONTACT A DOCTOR, AN EMERGENCY SERVICE OR A SPECIALIZED HELPLINE. Call your local emergency number immediately. We decline all responsibility for damage resulting from the use of the Services instead of emergency or appropriate medical care.

5.5. Assumption of Risk

You understand, acknowledge and freely assume all risks, including physical, psychological and emotional risks, related to your access or use of our Services. By accessing or using our Services, you agree to release us from all liability for any damage or injury arising from your use of the Services.

ARTICLE 6. USER REPRESENTATIONS AND LEGAL CAPACITY

By using Deuswell, you represent and warrant that:

- All submitted registration information is accurate, complete and up to date (in accordance with Article 5 of the GDPR).

- You will maintain the accuracy of this information (right to rectification, Article 16 of the GDPR).

- You have the legal capacity to contract (Article 1145 and following of the Civil Code).

- You are not a minor in your jurisdiction of residence or have obtained the required parental authorization, in compliance with Article 8 of the GDPR, which governs the consent of minors.

- You have only one account on our Services.

- You have not been previously removed from our Services by us, unless you have our express written permission to create a new account.

- You will not access Deuswell by automated or non-human means, in compliance with Article 4 of the LCEN.

- Your use will comply with all applicable laws and regulations, including the GDPR and the French Penal Code (Articles 323-1 and following related to attacks on computer systems).

If you provide false information, we reserve the right to suspend or terminate your account.

ARTICLE 7. REGISTRATION AND USER ACCOUNT

The user must create a secure account. He agrees to keep his password confidential and acknowledges being solely responsible for all activity carried out on his account. We reserve the right to delete, recover or modify any username deemed inappropriate or contrary to our rules.

ARTICLE 8. CASE OF MINORS AND AGE-RESTRICTED FEATURES

8.1. Consent and Legal Framework

In accordance with the GDPR, a minor can consent alone to the processing of their data from fifteen (15) years old. Below this age, consent must be authorized by the holder(s) of parental authority.

8.2. Access to online services

Access for minors under 15 to the Services is conditioned on compliance with data protection rules and the possibility for holders of parental authority to request account deletion, in application of Article 13.4 of the Civil Code.

8.3. Age-Restricted Features

The following features and functionalities of the Services (collectively "Age-Restricted Features") are only available to users aged 18 or older:

- Any feature involving the collection, processing or display of sensitive health metrics, including cardiovascular data, mental well-being indicators or any other health data beyond basic tracking;

- Any feature involving the use of Annie AI for personalized coaching based on biometric data;

- All features involving the purchase of subscriptions or in-app purchases.

We reserve the right to determine which features constitute Age-Restricted Features and to modify this designation at any time. Users who misrepresent their age to access these features assume all associated risks and responsibilities.

8.4. Parental Responsibility

If a holder of parental authority discovers an unauthorized registration of their minor child, they can and must request data deletion by contacting us by email at dpo@deuswell.com.

ARTICLE 9. PROTECTION OF PERSONAL DATA AND GDPR

9.1. Purpose, Compliance and Non-Commercialization

Your personal data is processed strictly for the purposes necessary for the provision and improvement of the Application and the application platform. We formally commit not to trade your data, not to sell them, rent them or use them for other purposes than those strictly related to the execution of our Services. We also commit to ensuring transparency, lawfulness and security of data processing in accordance with articles 5 and following of the GDPR. You have rights of access, rectification, erasure (right to be forgotten), restriction of processing, portability and objection (Articles 12 to 22 of the GDPR).

9.2. Health Data and Local Processing by Default

The Application may request authorization to access well-being data (HRV, sleep, steps, heart rate, SpO2, etc.) stored on the user's device via native interfaces (Apple HealthKit, Google Health Connect). By default, this health data is processed and stored exclusively on your device. We do not store or access this biometric information in the normal course of providing the Services.

9.3. Annie AI and Optional Cloud Processing

If you activate the optional Annie AI feature, certain biometric health data may be transmitted via third-party cloud hosting providers and artificial intelligence technology providers to generate responses and personalized coaching. Only the minimum relevant information necessary to generate a response will be transmitted. For more details, consult our Privacy Policy.

9.4. Protection of Sensitive Data

We do not intentionally collect sensitive data beyond what is necessary for the features described. If users voluntarily share such information, it will be treated with the utmost confidentiality, in accordance with the GDPR and the Public Health Code.

ARTICLE 10. SUBSCRIPTIONS, BILLING AND RENEWAL

10.1. Billing and Renewal

Your subscription renews automatically until cancellation. The user agrees that the payment method provided at enrollment will be used for recurring payments, at the scheduled deadlines, and acknowledges that these debits occur without manual validation at each transaction, subject to the possibility of cancelling the subscription at any time in accordance with these conditions.

10.2. Prior Information

In accordance with Article L. 215-1 of the Consumer Code, we will inform the user, by email or push notification, of the possibility of not renewing the subscription before its tacit renewal.

10.3. Free Trial

We offer a seven (7) day free trial to new registered users. At the end of this period, the account will be billed according to the selected subscription, unless cancelled by the user before the end of the trial.

ARTICLE 11. CANCELLATION AND RIGHT OF WITHDRAWAL

11.1. Cancellation

The user can cancel their subscription at any time via their account. Cancellation will take effect at the end of the current billing period.

11.2. Right of Withdrawal and Exercise Procedures

In accordance with article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days from the date of your registration to exercise your right of withdrawal, without being required to justify reasons or incur costs.

Exercising this right requires notifying us of your decision to withdraw by sending, before the expiration of the fourteen (14) day period, a clear, unambiguous statement expressing your will to withdraw. This statement must be accompanied by the withdrawal form, if it has been previously provided to you.

The withdrawal notification must be sent by electronic mail to the address support@deuswell.com or by registered letter with acknowledgment of receipt to:

Deuswell

Legal/Customer Service

351 Cr de la Libération

33400 Talence, France

We will proceed to refund the sum you have paid us for your registration, within the maximum legal period of fourteen (14) days from the date of effective receipt of your withdrawal decision.

11.3. Waiver of the Right of Withdrawal

However, in accordance with Article L. 221-28 of the Consumer Code, if the subscription falls under the provision of a dematerialized service and you have accessed the Services before the end of the 14-day period, you expressly waive your right of withdrawal by electronic acceptance of these T&Cs at the time of registration.

ARTICLE 12. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights related to the Content and the Trademarks. The Content and the Trademarks are protected by the Intellectual Property Code (Articles L.111-1 and following for copyrights, and Articles L.711-1 and following for trademarks).

ARTICLE 13. LICENSE FOR USE AND RESTRICTIONS ON USE

13.1. License for use

We grant the user a limited, non-exclusive, non-transferable and revocable license to access the Application and to download or print a copy of the Content for their personal, non-commercial use or for internal business purposes.

13.2. Restrictions and Prohibitions

The user is prohibited, unless written authorization from us, from:

- Copying, reproducing, modifying, distributing, broadcasting, representing or publishing all or part of the Content and the Trademarks.

- Publicly displaying, encoding, translating, selling, renting, licensing or exploiting Deuswell, its Content or its Trademarks for commercial purposes.

- Circumventing technical protection measures implemented to restrict access or copying of the Content (Article L.331-5 of the Intellectual Property Code).

- Decompiling, reverse engineering, disassembling or attempting to derive the source code or decrypt the Application, except to the extent permitted by applicable law.

- using Deuswell to create a competing product, service or software.

- using Deuswell to send automated queries or unsolicited commercial emails.

ARTICLE 14. PROHIBITED ACTIVITIES AND SANCTIONS

The user agrees not to use Deuswell for other purposes than those intended. In particular, the following are prohibited:

- Systematically retrieving data or other contents from Deuswell to create or compile a database without written authorization.

- Deceiving, defrauding or misleading us or other users.

- Circumventing, disabling or interfering with security-related features.

- Disparaging, tarnishing or harming us or our image.

- using any information obtained via Deuswell to harass, abuse or harm another person.

- Making inappropriate use of support services or submitting false reports of abuse or misconduct.

- Uploading or transmitting viruses, Trojan horses or other harmful elements.

- Engaging in unauthorized framing or linking to Deuswell.

- Deleting the copyright or other proprietary rights notice from any content.

- Attempting to impersonate another user or use their username.

- Harassing, annoying, intimidating or threatening employees or agents of us.

Any violation of these rules may result in legal measures, sanctions (Article L.335-2 of the Intellectual Property Code) and immediate termination of the account.

ARTICLE 15. USER CONTENT AND ASSOCIATED LICENSE

15.1. Content Submission

Our Services may allow you to provide comments, text, photos, information and other content (collectively "User Content"). By providing User Content, in any form and by any means, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to copy, modify, prepare derivative works, distribute and otherwise exploit this Content in the operation of the Services.

15.2. Content Warranties

You are solely responsible for all User Content you provide and you represent and warrant that:

- The Content does not contain spam, repetitively shared and disruptive content;

- The Content does not endorse or promote any illegal or harmful activity, is not sexually explicit, violent, threatening or harassing;

- The Content does not attempt to impersonate another person, account or entity;

- The Content is not illegal and does not violate the rights of another person or entity, including intellectual property rights and privacy rights;

- The Content does not contain the private or confidential information of another person.

You agree to defend, indemnify and hold us harmless from all damages incurred as a result of your violation of this article.

ARTICLE 16. FEEDBACK AND COMMENTS

If you send or transmit suggestions or recommendations for modifications to the Services, including new features or similar ("Feedback"), we are free to use such Feedback and all ideas, know-how, concepts, techniques or other intellectual property rights contained therein, for any purpose, without any attribution or compensation, although we are not required to use such Feedback.

ARTICLE 17. BETA SERVICES

You may choose to use services or features identified as alpha, beta, preview or early access ("Beta Services") at your sole discretion. If you choose to use Beta Services, you acknowledge and agree that: (a) Beta Services may not be supported and may be changed at any time without notice; (b) Beta Services may not be as reliable or available as the Services; (c) Beta Services have not been subjected to the same security measures and audits as the Services; and (d) WE SHALL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES — USE THEM AT YOUR OWN RISK. Beta Services are confidential until officially launched by us. You agree not to disclose information about Beta Services to third parties.

ARTICLE 18. SPECIFIC PROVISIONS FOR MOBILE APPLICATIONS (APPLE AND ANDROID)

The conditions applicable to Application Distributors (Apple Store or Google Play) are recognized. The license granted is non-transferable. The user acknowledges that Application Distributors are third-party beneficiaries of these T&Cs and have the right to enforce the terms of the license against the user.

ARTICLE 19. SOCIAL NETWORKS AND THIRD-PARTY ACCOUNTS

The user can link their Deuswell account to Third-Party Accounts (social networks). The user warrants that he has the right to grant this access and acknowledges that his relationship with third-party service providers is governed solely by his agreements with them. We are not responsible for the content of social networks.

ARTICLE 20. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to other sites. We assume no responsibility for the accuracy or relevance of information contained on such sites. By providing links to other sites, we do not act as publisher or distributor of the content of such sites. A link to another site should not be interpreted as meaning that we are affiliated or associated with it. We do not recommend or endorse any third-party content.

ARTICLE 21. SERVICE MANAGEMENT AND DEVELOPMENTS

We reserve the right to make modifications to the Application, including updating, suspending or deleting features (Article L. 224-25-4 of the Consumer Code). We do our best to guarantee continuous accessibility, but temporary interruptions may occur for maintenance or force majeure (Article 1218 of the Civil Code).

ARTICLE 22. LIMITATION OF LIABILITY AND EXCLUSIONS

22.1. Provision of Service as is

Deuswell is provided "AS IS" and within the limit of its availability. Its use is at your sole responsibility. We exclude all express or implied warranties (Articles 1221 and following of the Civil Code).

22.2. Exclusion of Liability

We cannot be held responsible for damages resulting from:

- An error, inaccuracy or omission in the Content.

- Unauthorized access or use of our servers.

- A temporary or permanent interruption of the service.

- Viruses, data corruption, failed messages or transmission problems.

- Third-party content, products or services.

- Damage arising from the use of published content or third-party sites (Article 1240 of the Civil Code).

22.3. Limitation of Amount

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE USER TO DEUSWELL DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE DISPUTE.

ARTICLE 23. INDEMNIFICATION OBLIGATION AND COOPERATION

23.1. Scope of Indemnification

The user agrees to defend, indemnify and hold us, our subsidiaries, officers, employees and agents harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees, arising from: (i) the violation of these T&Cs; (ii) your access or use of the Services; (iii) any information used, stored or transmitted in connection with your account; (iv) violation of the rights of any third party; or (v) violation of any law or regulation.

23.2. Compliance with Applicable Law

This indemnification obligation applies within the limits authorized by applicable law, in particular the provisions of the French Civil Code and the General Data Protection Regulation (GDPR). Under Article 1240 of the Civil Code, anyone who causes damage to another is held to repair it.

23.3. Defense and Cooperation

Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully in the defense of us against these claims.

ARTICLE 24. TERM AND TERMINATION

24.1. Modifications to Services

We may, at any time and at our sole discretion, without notice and without any liability to you, modify or discontinue any part of our Services, temporarily or permanently.

24.2. Suspension or Termination

At any time and at our sole discretion, we may cancel or deactivate your account, or temporarily or permanently, suspend, restrict or terminate access to all or part of the Services for any reason. We are not required to disclose the reason for termination or suspension of the Service.

24.3. Effects of Termination

Upon termination: (i) all fees and amounts you owe us will become immediately due; (ii) we may delete all your user data without any liability to you, subject to our right to retain your data for the legal retention periods; and (iii) we may cancel any open order or pending transaction.

24.4. Survival of Clauses

The provisions relating to indemnification, limitations of liability, warranty disclaimers and any other provision that should reasonably survive termination, will survive the termination of the Services or this Agreement.

ARTICLE 25. EXCEPTIONAL AND LEGAL CIRCUMSTANCES

25.1. Force Majeure

According to Article 1218 of the French Civil Code, we are not responsible for delays or failures to perform due to an external, unpredictable and irresistible event.

25.2. Electronic Communications

The user acknowledges that the use of the Application and exchanges by email constitute electronic communications (Article 1366 of the Civil Code) and accepts the use of electronic signatures (Article 1367 of the Civil Code and eIDAS Regulation).

ARTICLE 26. NOTICES AND NOTIFICATIONS

We may provide you with notices by any of the following methods: (1) via the Services, including by a banner or notification in the Application; (2) by electronic mail, sent to the address you provided us; and/or (3) by any other means. Such notice will be deemed received and effective upon receipt or twenty-four (24) hours after its publication or sending by any of the preceding methods. If we choose to inform you by electronic communication, you agree to receive such communications.

ARTICLE 27. LANGUAGE OF THE CONTRACT

The language of these T&Cs is French. In case of divergence or conflict between the French version of these T&Cs and any translation in another language, the French version shall prevail and be authoritative for the interpretation and execution of the contract.

ARTICLE 28. APPLICABLE LAW AND COMPETENT JURISDICTION

28.1. Primacy of French Law and GDPR

These T&Cs are governed and interpreted in accordance with French law and the General Data Protection Regulation (GDPR) of the European Union. By using Deuswell, you acknowledge submitting to these legal frameworks, regardless of your location.

28.2. International Scope

The user acknowledges that he is required to comply with the laws and regulations in force in his country of residence. If these local laws impose stricter obligations regarding consumer protection or data than those provided by these T&Cs, they will apply within their own legal framework. For users located outside the European Union, we apply by default the GDPR standards and international best practices in terms of data security and confidentiality.

28.3. Competent Jurisdiction

In case of dispute relating to the interpretation or execution of these T&Cs, and in the absence of an amicable settlement, the competent courts will be those within the jurisdiction of Bordeaux (France). However, this attribution of jurisdiction does not prevent mandatory contrary provisions provided by the law applicable to the place of residence of the user acting as a consumer.

ARTICLE 29. SEVERABILITY

Any provision of these T&Cs that is found to be illegal, invalid or unenforceable by a court of competent jurisdiction shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the other provisions of these T&Cs.

ARTICLE 30. ENTIRE AGREEMENT

These T&Cs, as they may be modified from time to time, together with our Privacy Policy and all other legal notices, constitute the entire agreement between you and us regarding the use of the Services.

ARTICLE 31. ASSIGNMENT

You shall not assign or transfer any of your rights or obligations under these T&Cs without our prior written consent. Any actual or attempted assignment contrary to the terms of these T&Cs shall be null and void. We may, at our discretion, assign all or part of our rights or obligations to a third party, without your consent. If we are acquired, sold or merged with a third-party entity, we reserve the right to transfer or assign all your user data as part of such transaction.

ARTICLE 32. CONTACT US

For any question or information, please contact us:

By email: hello@deuswell.com

For personal data requests: dpo@deuswell.com.

By post:

Deuswell