Kalibios

General Terms and Conditions

Kalibios AG, with registered office in Basel, Swiss Innovation Park Basel, Lichtstrasse 35 ("Kalibios", "we", "our"), welcomes you to the service provided by us, which allows its registered users to access a science- and artificial intelligence-based service to improve wellbeing exclusively based on lifestyle actions (the "Kalibios Service"), accessible through the Kalibios Aurora app (collectively, the "Application").

Access to and use of the Application are subject to these General Terms and Conditions of the Application (the "General Terms"). You are therefore invited to read the General Terms carefully before using and registering for the Application.

1. KALIBIOS SERVICE

1.1. Kalibios Service, accessible through the Application, is a service for the improvement of general wellbeing and supporting the user in the quest of preventing diseases for longevity (i.e., living healthier longer) exclusively based on lifestyle actions and consequent behavioral change. It offers qualified lifestyle advice on nutrition and exercise delivered via a customized AI-architecture, based on multiple AI agents, for personalization based on user profile (including nutritional preferences, restrictions and potential health conditions suffered as per user's self-declaration), real-time contextualization and quality control (and not access to a public GPT).

1.2. The lifestyle advice offered is based on guidelines from reputable scientific societies (e.g., the American College of Cardiology, the American Heart Association, the European Society of Cardiology, the World Conference of Exercise Medicine) and curated nutritional databases from official sources (e.g., Italian Istituto Superiore di Sanità) personalized based on the information provided by the user (the "user profile"). The list of key references and bibliography is accessible through the app.

1.3. The chat functionality provided in the Application is intended to support the user in better understanding and implementing advices received and on how to adapt it to his/her daily life for better wellbeing, offering additional insights based on user's self-declared preferences and constraints on nutritional education, food and nutrients, nutritional content of specific dishes, recommendations on foods to avoid. It will NOT provide insights on other topics, such as for example global or local politics, news, religion, weather, nor offer any medical information, impact or side-effects of medications and/or vaccinations nor recommend any specific medication or dosage.

1.4. Kalibios Service does NOT measure, diagnose or treat any medical ailment or condition nor recommend any medication, but only offer general lifestyle advice (on nutrition and exercise) for the promotion of general wellbeing, including general recommendation on lifestyle actions to prevent common chronic diseases as described in scientific societies lifestyle guidelines. User recognizes that the Kalibios Service is NOT a medical device nor offers in any way or form medical diagnosis, recommendations, treatment instructions or medication prescriptions. Kalibios Service is NOT intended to substitute the advice and prescriptions from the user's own attending physician.

2. REGISTRATION TO THE APPLICATION AND ACCOUNT CREATION

2.1. Age Requirement for Registration to the Application. Only users who are older than 18 years old may register for the Application and create an account.

2.2. Registration Procedure for the Application. To use the Application, it is necessary to download the Application from Google Play Store or Apple AppStore, create an account, provide the necessary information during onboarding (such as, by way of example, first name, last name, a valid email address or phone number) for all services to be used, and payment data as required. By clicking "Register", the user completes the registration procedure and accepts these General Terms and the Privacy Policy.

2.3. The user is solely responsible for safeguarding their login credentials (i.e., username and password) entered during registration and acknowledges that these credentials constitute the only access system to the Application. The user undertakes, therefore, to keep them with utmost confidentiality, remaining solely responsible for any activity that occurs within or through their account. The user also undertakes to report to Kalibios any unauthorized access to their account and/or security breach as soon as they become aware of it. It is understood that Kalibios shall not be responsible for any damages resulting from unauthorized use of the user's account.

2.4. The user must ensure that the information provided during registration and any other information relating to their account is always updated, complete, accurate, and truthful. In particular, the user declares and guarantees that the email address and/or phone number provided is always active and correct, as it is indispensable for registration to the Application and to receive communications from Kalibios related to these General Terms and the subscription. In case of untruthful and/or incomplete data, Kalibios reserves the right to suspend and/or deactivate the account, giving notice to the user via the email address and/or phone number provided at registration or associated with the account, should the user not integrate missing data and/or correct previously entered data.

2.5. The user undertakes not to impersonate another person and not to falsely represent an affiliation with any natural person or other entity, including by using another's username, password, or other information related to another user's account, or the name or likeness of another person. The user acknowledges and agrees that Kalibios may take necessary measures to verify the accuracy of the information provided by the user.

2.6. Kalibios Services are accessible for free or by subscription. Simple registration to the Application and account creation allows the user to see previews of Kalibios Services available in the Application, but may allow to use only a limited selection of Kalibios Services and/or for a limited period of time. To access the full range of Kalibios Services, such as generating a meal or exercise plan based on the user's unique characteristics, the user must subscribe to the Application as provided in the following article 3. As specified below, if the subscription to the Application ends for any reason, the user's account may remain active for a limited period ("grace period"), at Kalibios' discretion, but the user may access only a limited part of the Kalibios Service at Kalibios' sole discretion.

The user may delete their account at any time by accessing their user profile and clicking on "Actions" – "Delete account."

It is expressly understood (as provided in Article 2.7 below) that payments are non-refundable; therefore, if the user has subscribed to a subscription and intends to permanently close their account during the subscription period, Kalibios shall not grant any refund or credit for partially used subscription periods or for Kalibios Services not used by the user.

2.7 Right of Withdrawal. If the User is a consumer within the meaning of applicable Swiss or European legislation, the User normally has the right to withdraw from a distance contract within fourteen (14) days without giving any reasons. However, by registering for and accessing the Service, the User expressly requests that the performance of the Service begin immediately after registration or purchase and acknowledges that the digital content or functionality becomes available for instant use. Once the Service has been made accessible or performed in full, the User expressly agrees that the right of withdrawal no longer applies in accordance with Article 40f of the Swiss Code of Obligations and Article 16(m) of Directive 2011/83/EU. The User thereby confirms awareness that the withdrawal right is lost once the Service performance has begun with the User's prior express consent and acknowledgment of this consequence.

2.8. Subscription-accessible features. Meal plans (part of "Aurora Nutrition" services) and training plans (part of "Aurora Fit" services) are generally structured on a weekly basis, valid from Monday to Saturday or Sunday according to user's indications. At the end of each week, the plan is automatically proposed again for the next week. The user may keep it, change individual meals/exercises using the "request change" functionality or fully replace it requesting generation of a new plan, subject to the subscription limitations.

2.9. Fair Usage Policy. The use of the Service is subject to a Fair Usage Policy designed to ensure equitable access and performance for all users. The Fair Usage Policy sets out reasonable limits on usage to prevent excessive consumption or misuse that could negatively affect other users or the operation of the Service. The Provider reserves the right to monitor usage patterns and, where use is found to be excessive or inconsistent with normal usage, may take appropriate measures, which may include temporary suspension, restriction, or termination of access. Details of the Fair Usage Policy, including applicable thresholds or limits, are made available within the Service or on the Provider's website and may be updated from time to time.

2.10. Acknowledgment of Parties. You and Kalibios acknowledge that these General Terms are concluded between you and Kalibios only, and not with Apple Inc. or Google LLC. Kalibios, not Apple or Google, is solely responsible for the Application and the content thereof.

2.11. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3. SUBSCRIPTION TERMS

3.1. Subscription and Automatic Renewal. If the user intends to access the full range of Services of the Aurora Application, the user must subscribe to the Application. The subscription to the Kalibios Aurora Application has a duration equal to the period indicated at the time of subscription and billing and automatically renews for equal periods unless the user sends a cancellation notice pursuant to Paragraph 3.7 below.

3.2. Subscription Cost. The subscription cost (including VAT or other equivalent taxes as applicable) is that indicated at the time of registration and will be charged to the payment method chosen by the user. The charge will occur at the time of purchase confirmation and at the beginning of each new billing period, unless canceled as described in Paragraph 3.7 below. By accepting these General Terms, the user authorizes Kalibios to charge the amount due on the selected payment method.

3.3. Change of Subscription Cost. Kalibios reserves the right to modify the subscription price. In case of a price change, the user will be notified at least 15 (fifteen) days in advance via the email address or phone number associated with the account. The change will become effective at the end of the current billing period. If the user does not accept the change, they may cancel the subscription to the Application by sending a notice pursuant to Paragraph 2.7 below. Failure to cancel the subscription within 15 (fifteen) days of receiving the notification, and continued use of the Application after this period, shall be deemed acceptance of the modified price by the user, and the subscription will renew at the price in effect at the time of renewal without the user needing to take any further action.

3.4. Payment Responsibility. The user is responsible for all amounts payable, including any taxes, due to third parties for internet access required to use the Kalibios Aurora Application. The user is advised to verify any network usage costs with their internet service provider.

3.5. Payment Data. Kalibios does not collect or retain any user payment data, as payments are processed directly by Apple, Google, or the chosen payment service provider (e.g., Stripe), depending on the user's subscription method. For more information about personal data processing, please refer to the Privacy Policy. The user is required to keep their payment details updated by modifying them through their account settings. If a payment is not successfully authorized due to card expiry, insufficient funds, or other reasons, Kalibios reserves the right to suspend the account or terminate the subscription, notifying the user via the email address and/or phone number provided at registration or associated with the account.

3.6. Free Trial. The subscription to the Application may in some cases start with a free trial at Kalibios sole discretion. The availability of a free trial is not guaranteed and, if available, is only for users who have never previously used the Kalibios Application. The first payment will be charged at the end of the free trial, to the payment method chosen by the user at registration, unless canceled according to the procedure in Paragraph 3.7 below. The user may cancel the subscription at any time before the end of the free trial period by accessing their personal area within the Application and following the related instructions. The duration of the free trial is communicated at the time of registration, and no specific notice will be sent at the end or near the end of the free trial, nor at the start of the paid subscription. If a previous account is closed (for any reasons) and a new account is created with the same email address, phone number, or payment method, the user will not be eligible for the free trial. To verify the user's eligibility for the free trial, Kalibios may use information such as username, payment method, phone number, or email address associated with a previous subscription.

3.7. Cancellation. The user may cancel the subscription at any time before the end of the current billing period or free trial by accessing their personal area within the Kalibios Aurora Application and following the related instructions. Cancellation will take effect at the end of the current billing period or free trial. Once the subscription is canceled, the user may continue accessing the subscription-based Kalibios Services until the end of the current billing period or trial period. After that, the user's account will remain active (until fully closed by the user as per the procedure in Article 1.6), but the user will no longer have access to paid features. In case of cancellation, the user acknowledges and agrees that payments are non-refundable; therefore, Kalibios grants neither refunds nor credits for partially used subscription periods nor for Kalibios Services not used by the user.

3.8. Subscriptions Through Third-party Commercial Partners. Kalibios may offer different types of subscriptions, including through third-party commercial partners. Some subscription types may have different conditions or limitations, which will be communicated to the user before registering to the Application. If the user subscribes via third-party commercial partners, the subscription may also be subject to additional terms and conditions of the third party. In such cases, (i) the user must create an account on the Application and accept these General Terms, and (ii) exclusively for the first subscription period, the following will apply: a) if the provisions of these General Terms related to purchase, billing, and refund conflict with those of the third party, the third party's terms shall prevail over the incompatible provisions of these General Terms; and b) the payment and billing relationship will be directly established between the user and the third party. For the first subscription period, therefore, any amount charged for the subscription will be invoiced by the third party using the payment data provided by the user to them.

It is understood that any renewal of a subscription subscribed to by the user through our third-party commercial partners will, instead, be invoiced by Kalibios and governed solely by these General Terms.

Should the user not intend to renew the subscription or cancel it pursuant to Paragraph 3.7, the user's account will remain active, but the user may only access the limited catalog of Kalibios Services available for free and previews of other Kalibios Services. The user may, at any time, close their account by accessing their user profile and clicking "Actions" – "Delete account."

3.9. Subscription Options Bundled with Other Services. Kalibios may also offer a subscription to the Application bundled with other services, including subscriptions to products and services offered by third parties. Subscriptions, products, and services offered by third parties are governed exclusively by the terms of use of such third parties.

3.10. Third-party Services. The Kalibios Application may integrate, be integrated into, or be provided together with services of third parties that are not under our control. The user is required to read the terms of use, contracts, and privacy policies related to such third-party services. If the user accesses the Kalibios Application using a third-party service or device (for example, an Apple iOS or Android device), the user will also be subject to the terms of use and privacy policies established by such third parties.

4. COMPATIBILITY AND OPERATION OF THE APPLICATION

4.1. Compatible Devices. Use of the Application requires compatible devices, and some software may require periodic updates. It is possible to access Kalibios Services through the Aurora app available for most mobile devices running iOS or Android software (an internet connection is required) (referred to hereinafter as "Compatible Devices"). For information regarding Compatible Devices and operating systems, please visit the relevant sections of the App Store and Google Play.

4.2. Internet Connection. The user must have a high-speed internet connection to access and use the Application.

4.3. Use of Kalibios Services. Kalibios Services can be used through the Application with an active internet connection.

4.4. Downloading Kalibios Services. The user is not allowed to download Kalibios Services for offline use on any device.

4.5. Availability of Kalibios Services. Some Kalibios Services made available through the Application may not be accessible in all countries or regions. Geographic restrictions will be applied based on the location where the user created the account to access the Application.

4.6. Unavailability of Kalibios Services and Force Majeure. The Kalibios Aurora Application is updated periodically. It is also possible that the Kalibios Aurora Application and/or some or all Kalibios Services may be unavailable at certain times, for example (i) during maintenance or updates of the Application, (ii) in case of power outages or server failure; (iii) due to force majeure events such as wars, riots, strikes, social unrest; or (iv) due to other circumstances beyond the control of Kalibios or third parties. Kalibios will have no liability towards the user for such events, except in cases of willful misconduct or gross negligence and all other cases where liability cannot be excluded or limited by law.

It may occur that Kalibios needs to remove certain features, limit some services or functionalities and/or prevent access to the Kalibios Aurora Application or some or all Kalibios Services to carry out updates or technical or security improvements, provided that these do not involve an increase in the subscription price, deterioration of the Application quality, or a substantial modification of the Application's functionalities. In such cases, Kalibios will do its best to inform users of such changes, interruptions, and/or restrictions. The user is aware that Kalibios will not be liable towards them for any modification, suspension, or interruption of the Kalibios Aurora Application, except in cases of willful misconduct or gross negligence and all other cases where liability cannot be excluded or limited by law.

4.7. Promotional and Experimental Features. In order to continue improving the Application and the service offered to our clients, we may, with respect to some or all of our users, experiment with or offer new features or functionalities of the Application, including promotional offers, user interfaces, pricing plans, and discounted prices. The use by the user of any updates, modifications, or replacement versions of the Application shall be governed by these General Terms and any additional terms that the user must accept upon installation of the update, modification, or replacement version.

5. LICENSE AND RESTRICTIONS

5.1. License. For the duration of the subscription and limited to the country in which the user created their account, Kalibios grants the user a limited, personal, non-transferable, non-assignable, revocable, non-exclusive, and non-sublicensable right to install the Kalibios Aurora Application on their device and use it for personal and non-commercial purposes. For users on Apple devices, this license is solely for use on any Apple-branded products that the user owns or controls. For users on Android devices, this license is non-exclusive, worldwide, and perpetual to perform, display, and use the Application on the Device, subject to these General Terms. Without prejudice to the foregoing, no other right, title, or interest in the Kalibios Services or the Application is granted or transferred to the user.

5.2. Restrictions on the Use of Kalibios Services. The user agrees not to:

  • circumvent or disable any protection system of the Kalibios Services or technology managing Kalibios Services and materials available on the Application;
  • copy or record the Kalibios Services;
  • store, modify, distribute, reproduce, publish, display, license, create derivative works of, offer for sale, or use (except as expressly authorized in these General Terms) the Kalibios Services, the Aurora Application, and any other information obtained from or through the Application;
  • retransmit, transmit, share (even publicly) the Kalibios Services;
  • remove, move, disable, decompile, circumvent, alter, perform reverse-engineering activities, disassemble the Application or any software or other products or processes accessible through the Application, or attempt to derive the source code of the Application;
  • use the Application for any commercial use not expressly permitted by Kalibios, with or without profit;
  • access, copy, monitor or allow another natural or legal person to access, copy or monitor any element of the Application using a robot, spider, scraper, or other automated or manual means without Kalibios' written and explicit authorization;
  • damage, disable, overload, or compromise the Application in any way;
  • use any method of data mining or data collection or extraction;
  • use the Application for any unlawful purpose or in any unlawful or incompatible manner with these General Terms;
  • share their access credentials with third parties; or
  • allow third parties to violate the aforementioned restrictions in any way.

In case of violation by the user of Articles 5.1 and 5.2 of these General Terms, or of unlawful or fraudulent use of the Application and Kalibios Services, Kalibios reserves the right to limit or terminate the user's use of the Aurora Application, sending a written communication to the email address or phone number associated with the account.

5.3. The user assumes full responsibility for the use of the Kalibios Services, the Aurora Application, and any other material contained therein, in violation of these General Terms, as well as for any direct or indirect losses, costs, or damages of any kind and nature arising from the viewing of the Kalibios Services and the use of the Application, including any damage to systems and computers or data loss that is a direct or indirect consequence thereof.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. These Terms constitute a license agreement and not a sales contract or transfer of any rights over the Kalibios Services or the Application. The license referred to in the previous Article 5 does not give rise to any property rights in favor of the user regarding the Kalibios Services or the Aurora Application.

6.2. All Services available on the Application, including Kalibios Services, images, photographs, audio and video files, trademarks, logos, texts, information, graphics, animations, designs, software, web pages and their different sections, functions, layout, or any other material made available on the Application, are the property of Kalibios and protected by Swiss and international intellectual property and database rights laws.

7. PROCESSING OF USER'S PERSONAL DATA

7.1. The user acknowledges that Kalibios is the data controller of the personal data provided by the user upon registration to the Aurora Application and its use. For more information regarding the collection and processing of personal data, the user may consult Kalibios' Privacy Policy and Cookie Policy.

7.2. Kalibios collects and processes health-related lifestyle data (e.g., nutritional preferences and exercise activity) solely to provide the personalized wellbeing services described in Section 1. This data is not used for any purpose unrelated to the core functionality of the Application.

8. SUSPENSION AND TERMINATION OF ACCOUNT OR APPLICATION

8.1. The user acknowledges and agrees that Kalibios may limit, suspend, or terminate, in whole or in part, the user's access to their account on the Aurora Application and to any Kalibios Content if Kalibios believes the user is or has been using the Application in violation of these General Terms or applicable laws or regulations, or for purposes other than those intended by the Application. In such case, the user will receive prior notice at the email address or phone number linked to their account.

8.2. Without prejudice to Article 8.1 above, Kalibios may limit or suspend the user's access to their account by giving reasonable prior notice via email or phone number associated with the account, for additional reasons including, but not limited to: (a) requests from law enforcement or other competent authorities; or (b) if Kalibios has reason to believe the user's account was fraudulently created, access was fraudulently gained, or someone is using the user's account to commit any kind of illegal act or for purposes other than those of the Application or in violation of these General Terms or applicable law. Kalibios also reserves the right, after notifying the user at the email or phone number associated with the account, to close any Kalibios account that remains inactive for one year (for inactivity, for the purposes of these General Terms, means no access to the user's account in the Application).

8.3. To the extent permitted by applicable law, the user acknowledges and agrees that Kalibios will not be liable to them or third parties for any limitation, modification, suspension, or termination of access to the account, Application, and/or Kalibios Services.

8.4. Upon account closure, whether initiated by Kalibios as per this Article 8 or by user request (except in cases of subscription cancellation, where the user may continue to access subscription services until the end of the billing period and the account remains active thereafter, but with access only to the limited catalog of free Kalibios Services), the user will immediately lose the right to access the Application and Kalibios Services through the Application.

9. LIMITATION OF LIABILITY

9.1. The user acknowledges and agrees that the Kalibios Services and the Aurora Application are provided "as is" and without any guarantees of any kind. To the maximum extent permitted by applicable law, Kalibios and its respective officers, directors, employees, collaborators, licensors, agents, partners, and distributors (collectively, the "Kalibios Parties") make no express or implied representations or warranties regarding the Aurora Application and Kalibios Services or any other service or content related thereto, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility, satisfactory quality, compliance, or uninterrupted supply. The user also acknowledges and agrees that the Kalibios Parties do not guarantee that the Kalibios Services will be error-free, virus-free, or free from other harmful components. The security of any data transmission via the internet or other information storage technology cannot be guaranteed either. To the extent permitted by applicable law, the Kalibios Parties expressly disclaim any liability, express or implied, in this respect.

9.2. To the maximum extent permitted by applicable law, the user acknowledges and agrees that the Kalibios Parties shall not be liable for any loss and/or damage, direct or indirect, of any kind (including consequential damages and loss of profit), however caused, arising out of or in connection with these General Terms, the user's use of or access to the Application or Kalibios Services, any viruses, corrupted files, errors, omissions, service interruptions, service deletions, network problems, data alterations, malfunctioning of the user's electronic equipment, as well as use by users that does not comply with applicable laws concerning the Kalibios Services.

These limitations and exclusions also apply if the possibility of such losses and/or damages resulting from the use or inability to use the Kalibios Services or the Application had been communicated in advance. It is understood that if any liability arises on the part of the Kalibios Parties, it shall, to the extent permitted by applicable law, not exceed the amount paid by the user under these General Terms within the 3 months preceding the event giving rise to the liability or, in case of registration to the Application without subscription, the amount of EUR 20.00 (twenty/00).

10. AMENDMENTS TO THESE GENERAL TERMS

10.1. Kalibios reserves the right to modify these General Terms at any time by publishing the amendments to the General Terms on the Application, and the date at the bottom of these General Terms will be updated to indicate the date of the latest revision. The user commits to periodically check the Application and verify if any changes have been made to these General Terms. If the amendments to these General Terms cause significant inconvenience to the user, or materially limit the user's access to or use of the Application and related services, Kalibios will inform the user with reasonable advance notice at the email address or phone number associated with the account. If the amendments to the General Terms or services are necessary to comply with regulatory, statutory, or health and safety requirements, Kalibios may be unable to inform the user beforehand but will notify as soon as possible by publishing a notice on the Application. Continued access to and use of the Application by the user after such modifications or updates will constitute acceptance by the user of the new General Terms as amended.

11. MISCELLANEOUS

11.1. The user acknowledges and agrees that the meal and training plans generated by the Application have an informative and educational purpose to support general well-being. They do not constitute in any way medical prescriptions, diagnoses, health treatments, nor do they replace the advice of a doctor, dietitian, nutritionist, or other qualified health professional.

11.2. The user is responsible for verifying the compatibility of the proposed plans with their health condition, pre-existing medical conditions, or dietary restrictions. There are some physical and health conditions — including, by way of example only, pregnancy and type 1 diabetes — that are not compatible with the use of the Application. Such conditions are highlighted to the user during the Onboarding process, in order to prevent or limit access to protect the user's health and safety.

This does not imply that all other health conditions are automatically compatible with the use of the Application.

11.3. To the extent permitted by applicable law, Kalibios cannot be held responsible for indirect, consequential, or unforeseeable damages arising from the use of the meal plans, exercise plans, or menu analysis functionality.

11.4. Kalibios, its directors, employees, consultants, and partners provide no express or implied warranty regarding the achievement of specific results from the use of the Application or the features included in the subscription. The user acknowledges and agrees that:

  • No results in terms of health, well-being, physical fitness improvement, weight loss, performance, or achievement of personal goals are guaranteed or assured;
  • Results depend on a multitude of individual factors beyond Kalibios' control, including medical conditions, adherence to instructions, lifestyle, environmental variables, and personal physiological characteristics;
  • Any example of progress, use case, testimony, or scenario reported within the Application or informational materials is purely illustrative and does not constitute a contractual commitment or promise of results;
  • Under no circumstances shall Kalibios be held liable for failure to achieve the expected, desired, or reasonably hoped-for results by the user.

To the maximum extent permitted by applicable law, the user waives any claim, action, or compensation request based on the failure to achieve results or benefits related to the use of the Application or the content generated by it.

11.5. We use various technologies to provide the user with an optimal experience. Kalibios Services may provoke different reactions in each person who uses them. The user may encounter Kalibios Services they consider offensive, indecent, explicit, or questionable. Kalibios Services may also contain some videos with patterns or sequences of flashing lights that may affect users with photosensitive epilepsy or other photo-sensitivities. Furthermore, 4K, UHD, and HDR versions of Kalibios Services allow for higher brightness and color saturation, which may also affect users.

11.6. Kalibios is solely responsible for providing any maintenance and support services with respect to the Application. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the Application.

11.7. You and Kalibios acknowledge and agree that Apple and Google, and their respective subsidiaries, are third-party beneficiaries of these General Terms, and that, upon your acceptance of these terms, they will have the right (and will be deemed to have accepted the right) to enforce these General Terms against you as a third-party beneficiary thereof.

11.8 Platform Refund Policy. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple or Google (as applicable, depending on the store from which you downloaded the Application), and the respective platform provider will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kalibios.

11.9 Product Claims. You and Kalibios acknowledge that Kalibios, not Apple, is responsible for addressing any claims of the user or any third party relating to the Application or the user's possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

11.10 IP Infringement. You and Kalibios acknowledge that, in the event of any third-party claim that the Application or the user's possession and use of that Application infringes that third party's intellectual property rights, Kalibios, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

11.11 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application (e.g., you must not be in violation of your wireless data service agreement when using the Application).

11.12 Contact. For any assistance or issues, as well as for more information about the Application and Kalibios services, the user may contact Kalibios at the following contacts:

  • via email: support@kalibios.com
  • via mail: Kalibios AG, Customer Care, Swiss Innovation Park Basel, Lichtstrasse 35, 4056 Basel, Switzerland

11.13 Governing Law and Jurisdiction. These General Terms are governed by and must be interpreted under Swiss law. For anything not expressly provided, exclusively Swiss law applies. Any dispute related to or arising from these General Terms shall be subject to the exclusive jurisdiction of the courts of Basel-Stadt.

11.14 Severability. Should any provision of these General Terms be declared null, unlawful, ineffective, or unenforceable by a court or competent authority, such nullity, illegality, ineffectiveness, or unenforceability shall not affect the remaining provisions. In such cases, the invalid, null, or unenforceable provision will be replaced by a valid and binding provision whose effect, given the service and purpose of these General Terms, is as close as possible to the invalid provision.

11.15 Validity. The provisions of these General Terms that by their nature should remain valid and binding after termination for any reason shall survive such termination.

11.16 Entire Agreement. These General Terms and the provisions contained herein constitute the entire agreement between the user and Kalibios relating to the Application and supersede all prior agreements, commitments, negotiations, proposals, or other understandings between the parties, whether oral or written. No waiver of the right to enforce any provision of these General Terms shall be considered or shall constitute a waiver of the right to enforce any other provision of these General Terms.

General Terms & Conditions updated as of 19.01.2026