YOUspan App Terms of Use

§ 1 Scope and Subject Matter

These Terms of Use govern the contractual relationship between the user (hereinafter "User") and YOUspan (not yet incorporated), Samlandstraße 37, 81825 Munich (hereinafter "Provider") regarding the use of the mobile application "YOUspan App" (hereinafter "App"). The App serves to display and manage health and fitness data, in particular results from laboratory-based blood analyses, strength, endurance, and mobility tests, as well as personalized recommendations derived therefrom.

§ 2 Registration and User Account

(1) Use of the App requires registration. The User is obligated to provide truthful and complete information during registration and to update this information promptly in the event of changes.

(2) Access credentials must be kept confidential. The User is liable for all activities carried out using their credentials, provided they are not at fault.

(3) The Provider reserves the right to temporarily or permanently suspend user accounts in the event of violations of these Terms of Use.

§ 3 Description of App Services

The App provides the following functions in particular:

• Display and evaluation of blood biomarker results from certified partner laboratories
• Recording and visualization of strength, endurance, and mobility parameters
• Calculation and display of biological age across four levels
• Personalized recommendations for training, nutrition, and lifestyle
• Progress tracking and trend analyses
• Push notifications for results and recommendations

The Provider reserves the right to further develop, adjust, or limit the functionality of the App at any time, provided this is reasonable for the User.

§ 4 Health-Related Notices and Disclaimer

Important Notice: The information, evaluations, and recommendations provided through the App serve exclusively for general health information and prevention purposes. They do not constitute a medical diagnosis, medical advice, or treatment.

(1) The App does not replace a visit to a physician or other medical professional under any circumstances. In the event of health complaints, abnormalities in analysis results, or uncertainties, medical advice must be sought immediately.

(2) The App's recommendations are based on algorithmic evaluations and general scientific findings. They do not take into account the User's individual medical history, medication, or specific health circumstances.

(3) Laboratory analysis of blood samples is performed by accredited German partner laboratories. The Provider does not guarantee the absolute accuracy of individual measured values, as these may be influenced by various biological and technical factors.

§ 5 Data Protection and Health Data

(1) The protection of personal data – in particular health data – is of the highest priority for the Provider. Processing is carried out exclusively on the basis of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and all other applicable data protection provisions.

(2) Health data within the meaning of Art. 9(1) GDPR is processed exclusively after the User's express, voluntary, and informed consent. Consent may be revoked at any time with effect for the future.

(3) All health data is stored and transmitted in encrypted form. Access is restricted to the User themselves and authorized processing operations. Data is not shared with third parties unless this is necessary for contract fulfillment (e.g., laboratory analysis) or the User has given express consent.

(4) For further details, please refer to our Privacy Policy at youspan.de/datenschutz.

§ 6 User Obligations

The User undertakes to:

• use the App exclusively for its intended purpose
• not enter false or misleading health data
• carefully follow the instructions for self-collection of blood samples
• seek medical advice in the event of abnormal results and not rely exclusively on the App's recommendations
• not manipulate the App or circumvent security mechanisms
• not use the App for commercial purposes without the prior written consent of the Provider

§ 7 Intellectual Property and Usage Rights

(1) All content, designs, algorithms, texts, and graphics of the App are protected by copyright and are the sole property of the Provider or its licensors.

(2) The User is granted a simple, non-transferable, revocable right to use the App, limited to personal, non-commercial use.

(3) The reproduction, distribution, public accessibility, or other exploitation of the App content requires the prior written consent of the Provider.

§ 8 Availability and Maintenance

(1) The Provider strives for uninterrupted availability of the App. However, there is no entitlement to constant accessibility. Maintenance work, technical disruptions, or force majeure may lead to temporary limitations.

(2) Planned maintenance work will be announced in advance where possible.

§ 9 Liability

(1) The Provider is fully liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider, as well as for damages caused by intent or gross negligence.

(2) In the case of simple negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), the fulfillment of which enables the proper execution of the contract in the first place. In this case, liability is limited to foreseeable, typical damage.

(3) The Provider is not liable for damages arising from following the App's recommendations if the User has not sought prior medical advice. The use of the App's recommendations is at the User's own risk.

§ 10 Termination and Account Deletion

(1) The User may terminate their account at any time without giving reasons. Termination can be carried out via the App settings or by email to kontakt@youspan.de.

(2) After termination, all personal data of the User will be deleted within the statutory retention periods. Health data will be deleted immediately unless a statutory retention obligation exists.

(3) The Provider is entitled to terminate the user account without notice in the event of serious violations of these Terms of Use.

§ 11 Amendments to the Terms of Use

(1) The Provider reserves the right to amend these Terms of Use with reasonable notice. The User will be informed of changes in a timely manner by email or in-app notification.

(2) If the User does not object to the amended Terms of Use within 30 days of receipt of the notification of changes, the amended terms shall be deemed accepted. The User will be separately informed of this legal consequence in the notification of changes.

§ 12 Applicable Law and Dispute Resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Severability Clause

Should any provision of these Terms of Use be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

§ 14 Contact

For questions about these Terms of Use, please contact:

YOUspan (noch nicht gegründet)
Samlandstraße 37
81825 München
Deutschland

E-Mail: kontakt@youspan.de