DYAMOTECH TERMS OF USE

Please read the following terms of use (“Agreement”) carefully before using services (as defined

below) offered by Dyamotech, inc. (“us”, “we”, “our” or “Dyamotech”). This Agreement sets forth

the legally binding terms and conditions for your use of the Dyamotech software embedded within a

hardware device, which is made available through the purchase of the device and a wearable

headband (the “Product”) and the Dyamotech application (the “App”), which allows monitoring

of the data collected by the Product, as well as any related services, features, content, websites (or

other linked pages), or applications offered from time to time by Dyamotech (collectively, the

“Services”). These terms cover important information about the Services provided to you and any

charges and amounts we may bill you. These terms also include information about future changes to

these terms and automatic renewals.

"You” and “Your” refer to the person accessing or using the services, or if you create an account on

behalf of an employer, company, organization, or other entity, then (i) all references to “you” herein

includes you and that entity, (ii) you represent and warrant that you are an authorized representative

of the entity with the authority to bind the entity to this agreement, and (iii) you agree to this

agreement on the entity’s behalf.

By accessing and using the service in any manner, you acknowledge that you have read,

understood, and agree to be bound by this agreement and the Dyamotech privacy policy

(https://www.iubenda.com/privacy-policy/28846138/full-legal) (the “Privacy Policy”), which is

incorporated into this Agreement by this reference. If you do not accept this Agreement and the

1. INTRODUCTION

By purchasing the Product, you gain free access to the App, which provides personalized data, such

as…………….

The Services are provided by Dyamotech in collaboration with partners, service providers,

sponsors, or other affiliates. Your use of the Product and the Services is subject to these Terms and

Conditions and the Privacy Policy. Dyamotech reserves the right to modify these Terms, the Privacy

Policy, content, and/or the Services at any time. Such modifications will take effect upon their

publication within the Services. By continuing to access or use the Services after such

modifications, you agree to be bound by the updated Terms, Privacy Policy, content, and/or

Services.

2. ELIGIBILITY

You represent and warrant that you are at least 13 years of age (or the applicable age to consent to

data sharing as established by your Member State), provided that if you are under the legal age to

form a binding contract in your jurisdiction, your use of the Services is subject to requirements of

Parental Consent, in which case (i) your supervising parent or legal guardian is considered the user

under this Agreement and is responsible for any and all activity; and (ii) you represent that your

parent or legal guardian has reviewed and agreed to the Agreement and the Privacy Policy.

3. USE OF THE SERVICES

Dyamotech software, text, graphics, images, video, audio, data and other material are made

available to you through the Services (collectively referred to as the “Content”)Subject to this Agreement, we grant to you a worldwide, non-exclusive, non-sublicensable and

non-transferable limited license to use (i) the Product and access the Services (i.e., to download and

display locally) and the Content and (ii) use the Dyamotech software embedded within the Product,

in each case solely for purposes of using the Services. Use, reproduction, modification, distribution

or storage of any Content for any purposes other than using the Services is expressly prohibited

without prior written permission from us. You shall not sell, license, rent, or otherwise use or

exploit any Content for commercial use or in any way that violates any Third Party right. The

Content may be owned by us or may be provided through an arrangement we have with others,

including other users of the Services, or our licensors, partners, sponsors, or affiliates. The Content

is protected by intellectual property rights, including copyright under both UK, EU and other laws.

Unauthorized use of the Content may violate copyright, trademark, and other laws and rights. Other

than your rights in any User Content (as defined below), you have no rights in or to the Content,

and you may not use the Content except as permitted under this Agreement. No other use is

permitted without prior written consent from us or the owner of the Content. You must retain all

the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or

reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the

Content in any way for any public or commercial purpose. If you violate any part of this

Agreement, your permission to access and/or use the Content and Services automatically terminates

and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or

service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not

be construed as granting, by implication, estoppel, or otherwise, any license or right to use any

Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to

disparage any applicable third-party, any of their products or services, or in any manner in which, in

our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services include access to links to, and content, recommendations and data from, third-party

websites, products and services (“External Services”). The External Services include AI

Technology, including LLM. These External Services are provided solely as a convenience to you,

are not an endorsement by us of the content, recommendations, and data on or made available

through such External Services, and may be subject to separate legal terms and conditions between

you and third parties. The content, recommendations, and data of such External Services are

developed and provided by others. In addition, the Services permit access to content,

recommendations and data posted, stored, or displayed at the direction of users of the Services, for

which, to the fullest extent permitted by law, we do not accept any responsibility or liability.

The Services are for personal use only and may not be used in connection with any commercial

endeavors except those that are specifically approved by Dyamotech. The following activities are

expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or

other means for the purpose of sending unsolicited email or other communications; (ii) any use of

the Services, which in our sole judgment, degrades the reliability, speed, or operation of the

Services or any underlying hardware or software thereof; (iii) use of web scraping, web harvesting,

or web data extraction methods from Dyamotech even if the Account owner gives permission; and

(iv) any use of the Services which is unlawful or in violation of this Agreement.

5. MEMBERSHIP AND ACCESS TO SERVICES5.1 By purchasing a Product, you gain access to the Dyamotech mobile application (the "App") and

related services (collectively, the "Services") without additional subscription fees. Your access to

the Services is contingent upon maintaining an active Device associated with your account.

5.2 Future Subscription Model Dyamotech reserves the right to introduce a subscription model for

continued access to the Services. Should such a model be implemented, you will have the option to

either subscribe or terminate your use of the Services without any additional obligation. Dyamotech

will provide prior notice of any changes to the membership structure and offer users the opportunity

to opt out.

5.3 Termination and Account Suspension Unless otherwise prohibited by law, Dyamotech

reserves the right to terminate or suspend access to the Services at its sole discretion if you violate

these Terms and Conditions. If any future subscription fees become due and remain unpaid,

Dyamotech may suspend your account until payment is received. However, you will retain access to

any historical data uploaded prior to account suspension.

5.4 Cancellation If you choose to terminate your use of the Services, your access to the App and

any related functionalities will cease. However, you will retain ownership of your Product, and any

data stored locally on it. If Dyamotech introduces a subscription plan and you elect not to subscribe,

you may cancel your access without penalty.

6. FITNESS-RELATED CONTENT

The content available through the Services may include data related to your physical activity and

performance. In this initial version of the Product, users will have access only to data concerning

G-Force measurements recorded during use. Dyamotech may introduce additional measurable data

in future updates.

You acknowledge and agree that Dyamotech is not a healthcare provider, personal trainer, or fitness

instructor. The Services (including any recommendations and any information available through the

Services that may appear to be personalized) may not be appropriate for you. Dyamotech is not

responsible for any results that may or may not be obtained from the use of the Services.

7. HEALTH AND SAFETY DISCLAIMER

Dyamotech provides the Services to help users track and analyze certain aspects of their physical

activity. The Services, including any data, insights, or recommendations provided through the App,

do not constitute medical advice and are not intended to replace professional healthcare guidance.

The Product and Services are not medical devices and are not designed to diagnose, prevent,

monitor, treat, or alleviate any disease or medical condition. The information provided through the

Services is for general informational purposes only and should not be used for medical or

therapeutic purposes.

You acknowledge and agree that Dyamotech does not provide medical, health, or fitness advice and

that any reliance on the data or insights provided by the Services is at your own discretion and risk.

You should always consult a qualified medical professional before making any health-related

decisions, including starting or modifying any fitness, nutrition, or wellness program.

By using the Services, you accept full responsibility for your health and well-being and release

Dyamotech from any liability related to your use of the Device or the Services in a medical or

health-related context.8. DISCLAIMER OF WARRANTY

The Services and Content are provided on an "as is" and "as available" basis without any express or

implied warranties or conditions of any kind. To the fullest extent permitted by law, Dyamotech

disclaims all implied warranties and conditions, including but not limited to warranties of

merchantability, non-infringement of third-party rights, and fitness for a particular purpose.

To the maximum extent permitted by law, Dyamotech makes no warranties or representations

regarding the accuracy, reliability, completeness, or timeliness of the Content or Services.

Dyamotech does not warrant that the Services will be uninterrupted, error-free, or free of harmful

components such as viruses. You acknowledge that your use of the Services and Content is at your

own risk.

Dyamotech shall not be liable for any damages arising from the use of the Services, including but

not limited to loss of data, system failures, or interruptions. If your use of the Services requires

servicing or replacement of equipment, Dyamotech shall not be responsible for those costs.

9. LIMITATION OF LIABILITY

To the extent permitted by applicable law, Dyamotech's liability for any failure to perform the

Services with reasonable skill and care is limited to the total amount paid by you for the purchase of

the Device. Dyamotech does not currently require payment of any subscription fees, and its liability

shall not exceed the price paid for the Device.

To the fullest extent permitted by law, Dyamotech shall not be liable for any direct, indirect,

incidental, special, consequential, or exemplary damages, including but not limited to loss of

profits, loss of data, or business interruption, arising from the use or inability to use the Device, the

App, the Services, or the Content, whether based on warranty, contract, tort (including negligence),

or any other legal theory.

In some jurisdictions, consumer protection laws may not allow certain disclaimers or exclusions or

limitations of liability, and consequently, some of the disclaimers, exclusions, and limitations of

liability in this Agreement may not apply in whole or in part. Dyamotech does not seek to exclude

or limit its liability for death or personal injury caused by its negligence or for any other liability

that cannot be excluded or restricted by applicable law.

10. PAYMENT TERMS

10.1 Purchase Price. By purchasing the Product, you agree to pay the full purchase price as

indicated at the time of checkout. At this time, access to the App and the Services is included at no

additional cost. No recurring subscription fees are currently required for the use of the Services.

10.2 Future Payment Model. Dyamotech reserves the right to modify its payment structure in the

future, including the introduction of subscription plans or additional fees for specific features or

functionalities. Any such modifications will be communicated in advance, allowing users to choose

whether to continue using the Services under the revised terms.

10.3 Payment Processing. Payments are processed via third-party payment providers. Dyamotech

is not responsible for any errors, fees, or additional charges imposed by such providers or your

financial institution. By making a purchase, you authorize Dyamotech and its payment processor to

charge your selected payment method.10.4 Refunds and Cancellations. All payments for the Product are final and non-refundable,

except where required by applicable law. If Dyamotech implements a subscription model in the

future, users will be given the option to cancel before any charges apply.

11. GENERAL

11.1 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be

transferred or assigned by you, but may be assigned by Dyamotech without restriction, provided

such assignment does not affect your rights under this Agreement. This Agreement will inure to the

benefit of Dyamotech’s successors and permitted assigns.

11.2 Governing Law. This Agreement, and any disputes arising out of or in connection with it

(including non-contractual disputes), shall be governed by and construed in accordance with the

laws of England. Any disputes shall be subject to the exclusive jurisdiction of the courts of London.

11.3 Severability. If any provision of this Agreement is found to be invalid or unenforceable by a

court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

11.4 Non-Waiver. Failure by Dyamotech to enforce any provision of this Agreement shall not

constitute a waiver of that provision or any other rights under this Agreement. No waiver shall be

effective unless in writing.

11.5 Entire Agreement. This Agreement, together with the Privacy Policy and any other terms

referenced herein, constitutes the entire agreement between you and Dyamotech regarding the

Services and supersedes all prior agreements.

11.6 Headings. Section headings are provided for convenience only and shall not affect

interpretation.

11.7 Survival. Provisions that by their nature should survive termination shall remain in effect,

including but not limited to Warranty Disclaimers, Limitation of Liability, and General Provisions.

12. CHANGES TO THESE TERMS

Dyamotech may update these Terms and Conditions from time to time. Any changes will be

communicated to users with reasonable advance notice, and continued use of the Services will

constitute acceptance of the revised terms. These Terms and Conditions are effective upon your

purchase and use of the Dyamotech Device. By using the Services, you acknowledge that you have

read, understood, and agreed to these Terms.

Product Legal Disclaimer

This product is designed to measure and record body movement solely for fitness tracking and

informational purposes during exercise. It provides general estimations only and is not intended for

precise accuracy. Users should not rely exclusively on the information generated by this product.

This product is not intended for medical use, including diagnosis, prevention, monitoring, or

prediction of injuries. The data provided should not be used to create or modify exercise programs.

Additionally, this product does not guarantee injury prevention or protection.

Before beginning or changing any exercise routine, users should consult a healthcare professional to

evaluate the risks involved and determine appropriate precautions. This product is not a substitute

for safety measures during physical activity. Users must exercise caution and remain attentive at alltimes. Should any symptoms such as discomfort, dizziness, shortness of breath, nausea, blackout, or

other concerning signs occur, users should immediately stop exercising and seek medical attention.

By using this product and engaging in exercise, users acknowledge and accept the inherent risks

associated with physical activity, including potential injury.

We disclaim liability for any injury sustained during exercise, whether in connection with this

product or any exercise program, provided by us or otherwise. This disclaimer does not limit our

liability in cases of gross negligence or violations of applicable laws.

The data collected by this product, including through associated software, does not contain personal

information. However, data may be transmitted through and stored in our information technology

systems or those of our service providers. By using this device, users consent to the collection and

use of data for research or commercial purposes, and to sharing it with third parties for similar

purposes. We comply with relevant data protection laws, including the General Data Protection

Regulation (GDPR).