TERMS AND CONDITIONS OF USE — FITLOOP APP

Version 1.0 — in effect from 12 August 2026

Service Provider: Fit & Social S.r.l. Unipersonale, with registered office at Viale Risorgimento 19/A, 25060 Cellatica (BS), tax code and VAT number 04041980980, registration number with the Brescia Companies Register 04041980980, SDI recipient code USAL8PV, PEC fitandsocial@pec.it, email info@fitloop.net, acting through its pro tempore legal representative Nicola Finazzi (the "Provider").

User support: help@fitloop.net.

These terms and conditions of use (the "Conditions") govern the contractual relationship between the Provider and the User concerning the use of the "FitLoop" mobile application and the services made available through it. The Conditions are also drafted for the purpose of fulfilling the information obligations set out in articles 48 and 49 of Legislative Decree No. 206 of 6 September 2005 (the "Italian Consumer Code") and in article 7 of Legislative Decree No. 70 of 9 April 2003. The User is invited to read them carefully before accepting them and to keep a copy.

Article 1 — Definitions

1.1 For the purposes of these Conditions, the terms and expressions indicated with an initial capital letter have the meaning respectively attributed to them below, it being understood that terms defined in the singular are also intended to refer to the plural and vice versa:

• "Premium Subscription": the paid, automatically-renewing subscription plan that provides access to the additional features of the Service described in Article 5.3;
• "Account": the User's personal profile, created upon completion of the registration procedure referred to in Article 3, necessary to access and use the Service;
• "App": the mobile application named "FitLoop", intended for consumer users and made available by the Provider for iOS and Android devices through the Stores, including its updates;
• "3D Avatar": the three-dimensional digital representation of the User's body, generated by the Platform through automated processing of the photographs uploaded by the User pursuant to Article 7, together with the body measurements estimated during such processing;
• "Conditions": these present terms and conditions of use, including Annex 1, as amended from time to time pursuant to Article 26;
• "User Content": any content (for example: text, images, photographs, videos, comments) uploaded, posted or shared by the User through the App's social features pursuant to Article 18;
• "Credits": the promotional value units for exclusive use within the App, awarded to the User under the Referral Programme or other promotional initiatives of the Provider, governed by Articles 16 and 17 and by the Referral Programme Rules;
• "Provider": Fit & Social S.r.l. Unipersonale, as identified above;
• "Beta Features": the experimental features, in beta or preview version, identified as such in the App and governed by Article 6;
• "Privacy Notice": the notice on the processing of personal data provided by the Provider pursuant to articles 13 and 14 of Regulation (EU) 2016/679 ("GDPR"), available in the App and on the Provider's website; the Privacy Notice does not form part of the Conditions and is an informational document;
• "Loop": the personalised paths generated by the Platform, including by means of artificial intelligence systems, in the areas of training (Training Loop), nutrition, supplementation and rest, including the related programmes, schedules and content;
• "Loop Coach AI": the App's conversational assistance and coaching feature, based on artificial intelligence systems, which interacts with the User in an automated form pursuant to Article 9;
• "Marketplace": the section of the App that enables the User to purchase food supplements sold by a third-party manufacturer, on the terms set out in Article 14;
• "Partner Gyms": the gyms and other sports facilities affiliated with the Provider, whose subscriptions and services may be purchased or managed through the App on the terms set out in Article 15;
• "Free Plan": the free-of-charge plan for use of the Service, described in Article 5.2;
• "Platform": the Provider's overall technological infrastructure, whether owned or otherwise available to it (App, software, artificial intelligence systems, servers, cloud environments, databases and related components), through which the Service is provided;
• "Referral Programme": the promotional programme that enables the User to obtain Credits by inviting other people to use the App, governed by Article 16 and by the Referral Programme Rules;
• "Free Trial": the free trial period of the Premium Subscription that may be offered by the Provider, governed by Article 11;
• "Referral Programme Rules": the rules of the Referral Programme, available in the App, which form an integral part of the Conditions for Users who take part in the Referral Programme;
• "Third-Party Services": the services, content and features provided by third parties, integrated into or referenced by the App, governed by Article 32;
• "Service": the set of services made available by the Provider through the App, as described in Article 5;
• "Share Card": the summary image or graphic card (containing, for example, progress, statistics or representations of the User's 3D Avatar), generated by the App including by means of artificial intelligence systems, which the User may share inside or outside the App, on the terms set out in Article 9.7;
• "Store": the third-party app stores through which the App is distributed (in particular the Apple App Store and the Google Play Store);
• "User": the natural person who, acting as a consumer within the meaning of article 3, paragraph 1, letter a), of the Italian Consumer Code, that is, for purposes unrelated to any business, commercial, craft or professional activity that may be carried out, accepts the Conditions and uses the App;
• "Wallet": the section of the Account showing the balance and the transaction history of the User's Credits, governed by Article 17.

1.2 Headings of articles and paragraphs are for descriptive purposes only and are not relevant for the interpretation of the Conditions.

Article 2 — Purpose and acceptance of the Conditions

2.1 The Conditions govern the grant of the right to use the App to the User and the provision of the Service by the Provider, as well as the rights and obligations of the parties. The contract between the Provider and the User is a distance contract within the meaning of articles 45 et seq. of the Italian Consumer Code.

2.2 The Conditions are accepted by the User electronically ("point and click"), by selecting the relevant box and confirming as part of the in-app registration procedure. The contract is concluded at the moment the Provider activates the Account following acceptance of the Conditions and completion of registration. Use of the App is not permitted to those who do not accept the Conditions.

2.3 The Conditions are made available to the User before the conclusion of the contract and remain accessible at any time in the App and on the Provider's website, in a format suitable for storage and reproduction on a durable medium (download in PDF format). The Provider keeps evidence of the version of the Conditions accepted by each User and of the relevant date of acceptance, and sends the User, on a durable medium (email), confirmation of the contract concluded pursuant to article 51, paragraph 7, of the Italian Consumer Code.

2.4 The Conditions are drafted in the Italian language. Any translations into other languages are made available for convenience purposes only: in the event of discrepancy, the Italian-language version shall prevail. The language of the contract and of communications with the User is Italian.

2.5 The following also form part of the rules governing the relationship, to the extent of their respective application: (i) the Referral Programme Rules, for Users who take part in the Referral Programme; (ii) the terms of the Stores for downloading and updating the App (Article 31) and the terms of the payment service provider Stripe for payments processed on the Provider's web store (Article 10); (iii) the terms of sale of the third-party seller for purchases on the Marketplace; (iv) the terms of the Partner Gyms for the related services; and (v) the specific terms of the Free Trials and promotional offers referred to in Article 11. The Privacy Notice is provided to the User pursuant to the legislation on the protection of personal data.

2.6 The Provider does not charge the User any additional costs for the use of the means of distance communication. The costs of connecting to the internet according to the rates of the User's own operator remain payable by the User.

Article 3 — Age requirements and Account registration

3.1 Use of the App is reserved to natural persons who have reached 15 (fifteen) years of age. The registration procedure provides for: (i) the User's declaration of their date of birth; (ii) where the declared age is under 15 (fifteen) years, the complete blocking of the App and the impossibility of completing registration; and (iii) verification of the declared date of birth by means of the User's tax code, requested during registration, which incorporates the data subject's date of birth (age assurance). The User represents and warrants that they meet the age requirement; a false declaration of age constitutes a breach of the Conditions and entitles the Provider to close the Account pursuant to Article 19, without prejudice to the deletion of data in accordance with the Privacy Notice.

3.2 Minor Users (15-17 years of age). The age requirement referred to in Article 3.1 is consistent with article 2-quinquies of Legislative Decree No. 196 of 30 June 2003, pursuant to which a minor who has reached the age of fourteen may validly give consent to the processing of their personal data in relation to the direct offer of information society services, as well as with Law No. 132 of 23 September 2025, containing provisions on artificial intelligence, which makes access by minors under fourteen years of age to artificial intelligence systems subject to the consent of the person exercising parental responsibility and allows minors who have reached the age of fourteen to give their own consent autonomously, provided that the relevant information and communications are easily accessible and comprehensible. The following enhanced provisions apply in any event to minor Users between 15 and 17 years of age: (i) the minor User is required to truthfully declare their date of birth upon registration, without prejudice to the age-verification measures referred to in Article 3.1; (ii) purchases of subscriptions and services are made on the Provider's web store, accessible via a link from the App, with payment processed by the payment service provider Stripe on the terms set by it, including the rules applicable to payments made by minors; it remains understood that spending commitments made by minor Users require the authorisation of the person exercising parental responsibility; (iii) no marketing or profiling-for-marketing-purposes processing is activated in respect of minor Users: the related consents, governed by the Privacy Notice, are reserved to adult Users; (iv) the Provider drafts the information and communications relating to the Service — including the information on the artificial intelligence systems referred to in Article 9 — in clear, simple and comprehensible language, including for Users between 15 and 17 years of age; and (v) for minor Users, the safety protocols referred to in Article 8 operate with the enhanced thresholds provided for in Article 8.7.

3.3 Registration requires the creation of an Account by providing a valid email address or telephone number, verified by means of a one-time code (OTP), and the further data required by the registration form. The User undertakes to provide truthful, correct, complete and up-to-date data and to keep it so for the entire duration of the relationship, promptly updating it in the event of any change.

3.4 The Account access credentials are personal and non-transferable. The User is required to keep them with due diligence and not to allow their use by third parties; save where the unauthorised access is not attributable to the User, acts carried out through the Account are presumed to have been carried out by the User. In the event of loss, theft or suspected unauthorised use of the credentials, the User must promptly inform the Provider at help@fitloop.net, so that the Provider can adopt appropriate security measures (including the temporary blocking of the Account and the reset of credentials), as further provided for in Article 4.

3.5 Each User may create and maintain only one Account. It is not permitted to create multiple Accounts, including by means of different identities or contact details, nor to assign, sell or transfer the Account to third parties or to allow its use by third parties.

3.6 The Provider reserves the right not to accept, to suspend or to cancel registrations made in breach of the Conditions or for justified security reasons or for the prevention of fraud and abuse, giving notice to the data subject where permitted by law.

Article 4 — Account security and reporting of breaches

4.1 The Provider adopts appropriate technical and organisational measures to protect the Account and the User's data, including: verification of contact details by means of a one-time code (OTP), encrypted communication protocols, systems for detecting anomalous access and internal security-incident management procedures. The measures adopted and the manner in which personal data are processed are described in more detail in the Privacy Notice, to which reference is made.

4.2 The User is required to contribute to the security of their Account with ordinary diligence and, in particular, to: (i) keep confidential the access credentials and any one-time codes received, which must never be disclosed to third parties, not even to persons who present themselves as representatives of the Provider (the Provider never asks for passwords or OTP codes to be disclosed by telephone calls, emails or messages); (ii) use, where available, the device's and Account's protection systems (for example: biometric unlock, multi-factor authentication); (iii) keep the device's operating system and the App updated pursuant to Article 30; (iv) log out of the Account when using shared or third-party devices; and (v) keep active and up to date the email address and telephone number associated with the Account, which are also used for security communications.

4.3 The User must report to the Provider without undue delay, at help@fitloop.net or through the in-app support channels, any loss, theft, misappropriation or suspected unauthorised use of the credentials or of the Account, as well as any other security breach of which the User becomes aware. Following the report, the Provider promptly adopts appropriate measures, including the precautionary blocking of the Account, the revocation of active sessions and the secure reset of credentials.

4.4 Where it detects suspicious access to or activity on the Account (for example: access from an unusual device or location, repeated failed login attempts), the Provider may inform the User through the contact details associated with the Account and adopt proportionate precautionary measures, including requesting new identity verification by OTP and the temporary suspension of the Account or of individual features. Unless security requirements or legal provisions dictate otherwise, the measure is communicated to the User together with an indication of how to restore access.

4.5 Article 3.4 remains unaffected. The User is not liable for transactions carried out through the Account after the report referred to in Article 4.3, unless the transactions are nonetheless attributable to the User's wilful misconduct or gross negligence; in any event, nothing in this Article limits the rights granted to the User by mandatory rules, including, where applicable, those concerning payment services.

4.6 The User is not permitted, without the Provider's prior written authorisation, to carry out security tests, vulnerability scans or penetration testing activities on the Platform. A User who in good faith identifies a vulnerability is invited to report it confidentially to info@fitloop.net, without disclosing it to third parties and without exploiting it, in accordance with the principles of responsible disclosure; the Provider provides feedback on the reports received and will not take action against those who have acted in good faith in accordance with such principles, without prejudice to any assessment in cases of abuse.

Article 5 — Description of the Service; Free Plan and Premium Subscription

5.1 The Service is a digital service for physical wellbeing and training that includes, depending on the active plan: (i) the generation of the 3D Avatar from photographs uploaded by the User and the estimation of the related body measurements; (ii) the generation of personalised Loops; (iii) the Loop Coach AI; (iv) social features (feed and sharing of User Content); (v) the Marketplace; (vi) the purchase and management of Partner Gym services; and (vii) the Referral Programme. The available features are described in the App and may vary over time pursuant to Article 26.

5.2 The Free Plan, free of charge, includes: (i) the Training Loop (personalised training path); (ii) 1 (one) scan for generating the 3D Avatar; and (iii) the further basic features indicated in the App.

5.3 The Premium Subscription includes, in addition to the features of the Free Plan: (i) the 4 (four) Loops — training, nutrition, supplementation and rest; (ii) unlimited scans for generating and updating the 3D Avatar; (iii) monthly regeneration of the Loops; and (iv) advanced AI coaching through the Loop Coach AI. The fee for the Premium Subscription is Euro 14,99 (fourteen/99) per month or Euro 179,88 (one hundred and seventy-nine/88) per year, VAT included, unless a different amount is indicated in the App or on the Provider's web store at the time of purchase, which shall prevail in the event of any discrepancy. A dedicated promotion is currently active, allowing activation of the annual Premium Subscription at the price of Euro 99,99 (ninety-nine/99) for the first year: this is a limited-time offer, with no pre-set expiry date, which the Provider may revoke or amend at any time, without prejudice to its validity, for the period already paid, in favour of Users who have already activated it. Prices and the features of the services may vary pursuant to Articles 10.4 and 26.

5.4 The content, limits and features of each plan are indicated in the App at the time of activation or purchase. Any experimental or beta-version features are identified as such in the App and are governed by Article 6.

5.5 Without prejudice to the legal guarantee of conformity referred to in Article 13 and to any other right granted to the User by mandatory rules, and only to the extent permitted in relations with consumers: (i) the Service is provided in the condition in which it exists and on the basis of availability, being a digital service under continuous development; (ii) the Provider does not guarantee that the Service is free from errors or suited to particular needs of the User beyond what is described in the App and in the Conditions; and (iii) the Provider does not guarantee the achievement of specific physical, aesthetic, performance or weight-related results, since such results depend on individual factors beyond the Provider's control (including health conditions, consistency, diet and lifestyle).

5.6 Use of the Service requires a compatible mobile device and a suitable internet connection, the costs and requirements of which remain payable by the User pursuant to Article 30.

Article 6 — Beta and preview Features

6.1 The Provider may make available, to all Users or to selected groups, Beta Features, that is, experimental features, in trial or preview version, identified as such in the App (for example by means of the labels "beta", "preview", "experimental" or similar). Activation of the Beta Features by the User is optional, where the App provides for their activation on a voluntary basis.

6.2 The Beta Features are provided in the condition in which they exist and on the basis of availability ("as available"), for the purposes of testing and improving the Service: they may contain errors, inaccuracies or incomplete functionality and may be modified, suspended or withdrawn by the Provider at any time, without this constituting a defect of conformity of the Service, to the extent permitted in relations with consumers and without prejudice to the rights referred to in Articles 13 and 26. The Beta Features do not form part of the contractual content of the User's active plan, unless expressly included in the description of the plan pursuant to Article 5.4.

6.3 Where a Beta Feature is made permanent and integrated into the Service, the Conditions apply to it in full; any inclusion in a paid plan is communicated to the User pursuant to Article 26.

6.4 The User acknowledges that content generated by Beta Features may be less accurate than that of the ordinary Service and undertakes not to rely on it for decisions that may affect their health; the safety protocols referred to in Articles 8 and 9 remain applicable in any event. The Provider may request feedback and assessments from the User on the Beta Features; any submission of suggestions is governed by Article 20.5. The processing of personal data connected with the Beta Features is described in the Privacy Notice.

Article 7 — 3D Avatar generated from photographs

7.1 The 3D Avatar feature enables the User to generate their own 3D Avatar by uploading, from their smartphone, one or more photographs of their body in accordance with the instructions provided by the App. The photographs are processed automatically by the Platform for the sole purpose of estimating the User's body measurements and generating the 3D Avatar.

7.2 The uploaded photographs are deleted immediately after processing is completed and are not retained by the Provider. The estimated measurements and the 3D Avatar files are retained for the periods and in the manner indicated in the Privacy Notice, to which reference is also made for the legal basis of the processing and for the exercise of the data subject's rights.

7.3 The quality of the 3D Avatar and the accuracy of the measurements depend on compliance with the requirements indicated by the App (for example: adequate lighting, framing of the whole figure, close-fitting clothing, neutral background, correct posture). In the event of non-compliant photographs, the App may request a new upload or may generate a 3D Avatar and measurements of lower accuracy. The measurements are estimates of a merely indicative value, are intended exclusively for monitoring the training and wellbeing path, and do not constitute measurements of a medical or diagnostic nature.

7.4 The User represents and warrants that the uploaded photographs depict exclusively and personally the User. It is absolutely prohibited to upload photographs depicting third parties, in whole or in part, and, in any event, photographs depicting minors. The User is liable for any breach of this Article 7.4; the Provider reserves the right to suspend the feature and to adopt the measures referred to in Article 19.

7.5 By uploading the photographs, the User grants the Provider a limited, non-exclusive and free-of-charge licence, restricted solely to the technical processing operations referred to in Article 7.1 and intended to expire upon deletion of the photographs. The 3D Avatar is a personal, non-transferable content item of the User, intended for their exclusive personal use within the Service; any sharing of the 3D Avatar with Partner Gym trainers takes place only upon activation by the User pursuant to Article 15.5. The marking of synthetic content referred to in Article 9.7 applies to the sharing of the 3D Avatar and Share Cards outside the App.

Article 8 — Questionnaire and physical fitness; safety protocols

8.1 Access to the Loops and to the coaching features presupposes completion of a questionnaire concerning, among other things, the User's physical condition, habits and goals. The User undertakes to answer truthfully, completely and accurately and to promptly update their answers in the event of any change in their condition (for example: the onset of medical conditions, injuries, pregnancy, taking medication). The personalisation of the Service is based on the information provided by the User: untruthful or incomplete answers may result in inadequate or contraindicated programmes, at the User's sole risk within the limits set out in Article 22.

8.2 The Service is not a medical device within the meaning of Regulation (EU) 2017/745, is not intended for purposes of prevention, diagnosis, monitoring, prediction, prognosis, treatment or mitigation of disease, and does not provide medical, healthcare, physiotherapy, dietary or nutritional services reserved to qualified professionals. No content of the Service (including Loops, measurements, scores and Loop Coach AI responses) constitutes medical or healthcare advice.

8.3 Before starting any training, nutrition or supplementation programme generated by the Service, the User is required to consult their own doctor, in particular in the presence of medical conditions, pregnancy or breastfeeding, medication use or prior injuries, and to obtain any medical certifications required by applicable law or by the Partner Gyms for engaging in sporting activity. The User undertakes to comply with the instructions received from their own doctor, which in all cases prevail over the content generated by the Service.

8.4 The questionnaire and interactions with the Service incorporate specific risk indicators ("red flags"). Where a red flag is present, the Provider may, in order to protect the User's safety: (i) limit, adapt or suspend the generation of certain Loops or features; (ii) invite the User to consult a doctor or healthcare professional before proceeding; and (iii) request confirmation or supplementation of the information provided. Such limitations are adopted in good faith for safety purposes and do not constitute a breach by the Provider; the User's right to request human review pursuant to Article 9.5 remains unaffected.

8.5 The Service incorporates a protected mode ("DCA-safe mode") designed to protect Users who display signs potentially attributable to eating disorders. In this mode the App may, among other things, deactivate or adapt quantitative functions (such as calorie counts and deficit targets), modify the content of the Loops and display informational messages inviting the User to consult qualified professionals. Activation of this mode does not constitute a diagnosis or clinical assessment.

8.6 In the event of feeling unwell, pain, dizziness or other symptoms during activity, the User must immediately stop training and, where necessary, contact their own doctor or the emergency services. The Service is not suitable for handling emergencies.

8.7 Enhanced protocols for minor Users. For minor Users between 15 and 17 years of age, the safety protocols referred to in this Article operate with enhanced and more precautionary parameters, calibrated to the User's age: in particular, (i) the risk indicators (red flags) referred to in Article 8.4 and the protected mode referred to in Article 8.5 are activated according to more precautionary thresholds; (ii) content promoting aggressive caloric restriction or caloric-deficit targets unsuited to the User's age and stage of development is not, in any event, generated, suggested or displayed; and (iii) the informational messages displayed by the App include signposting to age-appropriate support resources. The further provisions of this Article and of Article 3.2 remain unaffected.

8.8 Manual review for particular conditions ("Medical Gate"). The Nutrition and Supplementation Loops constitute suggestions of a general nature, for informational and educational purposes, pursuant to Article 9.3. As a further safeguard for the User, where the answers to the questionnaire referred to in Article 8.1 — given upon first use or upon subsequent updates — reveal conditions, therapies or states requiring particular caution (for example: cardiovascular conditions; diabetes, in particular where treated with insulin; epilepsy; kidney or liver conditions; dialysis; ongoing oncological treatment; pregnancy or breastfeeding; active eating disorders; use of medication susceptible to significant interactions), the generation of the Nutrition and/or Supplementation Loops alone is automatically suspended as a precaution, pending the manual review referred to in Article 8.9. The generation and use of the Training and Rest Loops and the other features of the Service remain active, subject to Articles 8.4, 8.5 and 8.7.

8.9 The suspension referred to in Article 8.8 triggers the automatic opening of an internal report, taken up by authorised personnel of the Provider within 48 (forty-eight) working hours. At the outcome of the review, the Provider notifies the User, through the App, of one of the following outcomes: (a) the unblocking of the generation of the suspended Loops, possibly with precautionary adjustments to or constraints on the related content; (b) the proposal of a dedicated path with a qualified professional already present on the FitLoop platform, provided personally by the professional and not by artificial intelligence systems, as an additional paid service distinct from the Premium Subscription: the economic terms and timing of the path are those published in the stores of the individual Partner Gyms within the App, from which the path is purchased directly by the User, with FitLoop acting merely as a marketplace; the professional's service is governed by dedicated terms and conditions of the professional or of the facility to which they belong, which the User accepts by means of a one-time code (OTP) upon joining, which is always optional; where the suspension results from declared medical conditions or other clinical conditions, the path is offered exclusively with professionals holding a suitable qualifying title (medical doctor, dietitian or nutritional biologist, within the limits of their respective competences); or (c) where the generation of the suspended Loops cannot continue safely, a proportional refund (pro-rata temporis and pro-rata as to the service) of the amounts paid by the User for the Premium Subscription, calculated by reference to the remaining subscription period and to the sole portion of the fee attributable to the Nutrition and/or Supplementation Loops that cannot be used, with the Training and Rest Loops remaining fully usable and without prejudice to use already made. For the purposes of the refund, the fee is apportioned on a monthly basis (for annual subscriptions, taking 1/12 of the annual fee paid as the monthly fee) and each of the 4 (four) Loops accounts for 25% of the monthly fee: the refund for each suspended Loop is equal to 25% of the monthly fee multiplied by the remaining months of the period already paid, including the current month; in the event of suspension of both the Nutrition and Supplementation Loops, the overall share is equal to 50%. By way of example: for an annual subscription of Euro 179,88 (monthly fee of Euro 14,99), with suspension of the Nutrition Loop alone and 7 (seven) months remaining, the refund is equal to Euro 14,99 × 25% × 7 = Euro 26,23. The refund is paid by the Provider through the payment processor (Stripe) to the original means of payment; without prejudice, in any case, to the right of withdrawal referred to in Article 12, the guarantee referred to in Article 13 and any other non-waivable right of the User. The outcomes referred to in points (b) and (c) constitute alternatives offered to the User and left to their free choice: joining the path referred to in point (b) is always optional and does not condition or limit the User's right to opt for the refund referred to in point (c).

8.10 For the entire duration of the suspension referred to in Article 8.8 and, in the case of the outcome referred to in Article 8.9, point (c), also thereafter, the Loop Coach AI does not provide advice, answers or content on nutrition or supplementation, limiting itself to informing the User of the status of the review; the Loop Coach AI remains available for the training and rest areas, within the limits set out in Articles 8 and 9.

8.11 The suspension, the review and the related outcomes constitute precautionary organisational measures for the protection of the User's safety and do not, in any case, constitute a diagnosis, medical or clinical assessment, healthcare service, or attestation of the existence or absence of health conditions or risks. The communications made to the User are formulated in a neutral and non-alarmist manner and do not disclose the internal clinical grounds for the decision. The Platform retains a record of the report, the rules triggered, the decision taken, its author and the date, for accountability purposes pursuant to Article 5(2) GDPR; reference is made to the Privacy Notice for details on the processing.

8.12 The review referred to in Articles 8.8 and 8.9 presupposes the truthfulness, completeness and up-to-date nature of the statements made by the User pursuant to Article 8.1, which the User is required to ensure. Without prejudice to the provisions of Article 22, the Provider is not liable for the consequences of false, inaccurate or incomplete statements or of the failure to update them, which may prevent the review from being triggered; the adoption of the measures referred to in Article 19 remains unaffected.

8.13 The User may at any time request a reconsideration of the suspension and, in particular, produce a certification from their own doctor confirming the possibility of receiving suggestions on nutrition or supplementation, which the Provider takes into account for the purposes of unblocking. The User's right to request human review and human contact pursuant to Article 9.5 remains unaffected.

Article 9 — Artificial intelligence services; transparency pursuant to the AI Act and Law No. 132/2025

9.1 Pursuant to Article 50 of Regulation (EU) 2024/1689 (the "AI Act"), the Provider informs the User, and the User acknowledges, that: (i) the Loop Coach AI is an artificial intelligence system: by interacting with it, the User is conversing with an automated system and not with a natural person; and (ii) the Loops, programmes, suggestions and other personalised content of the Service are generated by artificial intelligence systems on the basis of the information provided by the User. The artificial nature of the interlocutor and of the content is also indicated in the App in a clear and recognisable manner.

9.2 Artificial intelligence systems have intrinsic limitations: the content generated may contain errors, inaccuracies, omissions or outdated information and may not be suited to the User's specific situation. The User is required to critically evaluate the generated content and not to rely on it exclusively for decisions that may affect their health.

9.3 The content generated by the Service's artificial intelligence systems does not, in any case, constitute medical, healthcare, nutritional, psychological, legal or other professional advice, nor does it establish any professional relationship between the User and the Provider or third parties. In particular, the Nutrition and Supplementation Loops and any other content of the Service concerning nutrition or supplementation constitute exclusively suggestions of a general nature, for informational and educational purposes: they are not a diet or a diet therapy, do not constitute a dietary, nutritional or medical prescription, and do not in any way replace a diet prepared by a medical doctor, a dietitian or another qualified healthcare professional, whom the User must consult for any dietary or therapeutic need; this nature is permanently indicated on the App screens relating to the Nutrition and Supplementation Loops. The provisions of Article 8 remain unaffected, including the manual review for particular conditions ("Medical Gate") referred to in Article 8.8 et seq.

9.4 The Provider adopts safety protocols designed to limit the generation of inappropriate or potentially harmful content (including the red flag and DCA-safe protocols referred to in Article 8) and may interrupt or limit conversations and generations that breach the Conditions or such protocols.

9.5 The User has the right to request, at any time, review by a human operator of the content generated concerning them, to express their point of view and to contest the outcomes, as well as to request human contact, by writing to help@fitloop.net. For decisions based on automated processing relevant pursuant to Article 22 GDPR, reference is made to the Privacy Notice.

9.6 The User is not permitted to: (i) use the Loop Coach AI for purposes of medical emergency or urgency; (ii) enter personal data of third parties into conversations, in particular health data of third parties; (iii) use the Service's artificial intelligence systems to generate unlawful, harmful or deceptive content, or attempt to circumvent the safety protocols; (iv) use the generated content for commercial or professional purposes, including the resale of programmes to third parties. The Provider may update the models and artificial intelligence systems underlying the Service, without this entailing a material worsening of the Service, pursuant to Article 26.

9.7 Marking of synthetic content. Pursuant to Article 50 of the AI Act, image content generated or manipulated by means of artificial intelligence systems and intended to be capable of circulating also outside the App — such as exportable representations of the 3D Avatar and Share Cards — is marked by the Platform as artificially generated or manipulated, by means of machine-readable marking affixed to the relevant files and, where appropriate, by means of a visible indication. The User undertakes not to remove, alter or conceal such markings and indications.

9.8 Law No. 132 of 23 September 2025. The Provider complies with the principles of Law No. 132 of 23 September 2025 on artificial intelligence, including transparency, safety and centrality of the person. Consistently with that law: (i) the use of artificial intelligence systems in the healthcare field constitutes a support and does not replace the decision, which remains a matter for healthcare professionals: the Service, which does not provide healthcare services pursuant to Article 8.2, does not in any way replace the advice and decisions of the User's doctor; and (ii) the information relating to the Service's artificial intelligence systems is drafted in clear and accessible language, including for the benefit of minor Users, in accordance with Article 3.2.

Article 10 — Subscriptions, fees, automatic renewal and notice of termination

10.1 The Premium Subscription is purchased on the Provider's web store, accessible via a link from the App: invoicing and collection of the fees are carried out directly by the Provider, with payment processed by the payment service provider Stripe according to the payment methods indicated on the web store. Activation, renewal, notice of termination and management of the Premium Subscription take place through the web store and the related account area, accessible from the App. Purchases of subscriptions and services do not take place through the Stores' in-app purchases, which remain unrelated to the invoicing, collection and refunding of the fees (Article 31).

10.2 The prices indicated in the App and on the Provider's web store are expressed in Euro and inclusive of VAT. Before the conclusion of each purchase, the User is informed, in a clear and prominent manner, of: the price, the duration of the subscription period, the existence of automatic renewal, the method of giving notice of termination and, where applicable, the terms of any trial periods or promotions. The order involving an obligation to pay is confirmed by means of a function that makes the User aware of this, pursuant to article 51, paragraph 2, of the Italian Consumer Code.

10.3 The Premium Subscription automatically renews at the expiry of each period (monthly or annual) for a period of equal duration, unless notice of termination is given. Notice of termination may be given at any time, through the web store and the related account area accessible from the App, or by communication to help@fitloop.net, before the expiry of the current period. Notice of termination takes effect from the expiry of the period already paid for, until which the User retains access to the Premium features; no refunds are provided for periods already begun, save for the refund provided for in Article 8.9, point (c) (Medical Gate), the rights referred to in Articles 12, 13 and 26, and any other non-waivable right.

10.4 Any changes to the fees are communicated to the User on a durable medium (email or traceable in-app communication) with at least 30 (thirty) days' notice and apply only from the first renewal following expiry of the notice period. A User who does not wish to accept the change may give notice of termination of the subscription with effect from the expiry of the current period, or withdraw pursuant to Article 26.2, at no cost.

10.5 In the event that payment of the renewal is unsuccessful, the Provider may suspend or deactivate the Premium features; the Account remains active under the Free Plan.

10.6 Any Free Trial periods and other promotional offers are governed by Article 11 and by the specific terms indicated in the App.

Article 11 — Free Trial and promotional offers

11.1 The Provider may offer Free Trial periods of the Premium Subscription. Unless otherwise indicated in the App, the Free Trial has a duration of 14 (fourteen) days; for Users who activate the trial as part of the Referral Programme (for example, following an invitation), the duration is extended to 21 (twenty-one) days. During the Free Trial the User has unlimited access to the 4 (four) Loops and to the generation of the 3D Avatar. The duration, content and terms of the Free Trial are subject to change, with effect only for trials activated after the change; the duration, included features and specific terms of the Free Trial are in any event indicated to the User, in a clear and prominent manner, before activation.

11.2 Unless otherwise indicated, the Free Trial: (i) may be activated only once for each User, including in the event of closure and subsequent reopening of the Account; (ii) may require the registration of a valid payment method, with no charge before the trial expires; and (iii) may not be combined with other trials or promotions, unless the App expressly provides otherwise. The Provider may adopt proportionate controls to prevent abusive or repeated activations of the Free Trial (for example, by means of multiple Accounts, in breach of Article 3.5).

11.3 Unless otherwise indicated, at the end of the Free Trial period the subscription automatically converts into a paid Premium Subscription, at the price and for the duration indicated before activation of the trial, unless notice of termination is given by the indicated deadline. Before activation of the trial, the User receives clear information on: the duration of the trial, the price of the subscription after conversion, the existence of automatic conversion, and the method of giving notice of termination. The Provider also sends the User, on a durable medium or by traceable in-app notification, a reminder of the forthcoming conversion to a paid subscription with reasonable advance notice and, in any event, at least 3 (three) days before the trial expires. Notice of termination during the Free Trial may be given at any time in accordance with Article 10.3 and does not involve any charge.

11.4 The right of withdrawal referred to in Article 12 remains unaffected, and may be exercised in the manner set out therein also in relation to subscriptions activated following conversion of the Free Trial.

11.5 Promotional offers (for example: discounts on the first period, promotional codes, seasonal promotions) are governed by the specific terms indicated in the App or in the communication medium for the promotion, which define its duration, eligibility requirements, any non-combinability and the price applicable at the end of the promotional period. Unless otherwise indicated: (i) promotions may not be combined with one another or with the Free Trial; (ii) personal promotional codes are not transferable and may not be used for commercial purposes; and (iii) at the end of the promotional period the subscription continues at the ordinary price indicated before activation, unless notice of termination is given pursuant to Article 10.3.

11.6 The Provider reserves the right to revoke or refuse to recognise promotional benefits obtained fraudulently or abusively (for example: multiple activations by means of fictitious Accounts, use of counterfeit promotional codes or codes disseminated in breach of the terms of the promotion), without prejudice to reasoned communication to the User and the possibility of contesting the measure pursuant to Article 35.

Article 12 — Right of withdrawal of the consumer

12.1 Pursuant to articles 52 et seq. of the Italian Consumer Code, the User has the right to withdraw from the contract concluded at a distance, without giving reasons, within 14 (fourteen) days of the conclusion of the contract (for services and digital content supplied by means other than on a tangible medium) or from the day of activation of each paid subscription.

12.2 For digital content supplied by means other than on a tangible medium with immediate performance (such as the immediate generation of Loops, 3D Avatars and other one-off digital content), the User, by requesting immediate performance: (i) gives their prior express consent to the commencement of performance during the withdrawal period; and (ii) acknowledges and accepts that, with the commencement of performance, they lose the right of withdrawal, pursuant to article 59, paragraph 1, letter o), of the Italian Consumer Code. The Provider sends the User confirmation of the consent and of the acknowledgment on a durable medium pursuant to article 51, paragraph 7, of the Italian Consumer Code.

12.3 For services whose performance, at the express request of the User, begins during the withdrawal period, a User who exercises the right of withdrawal is required to pay an amount proportional to what has been used up to the notification of withdrawal, pursuant to article 57, paragraph 3, of the Italian Consumer Code; the right of withdrawal is excluded for services fully performed, on the terms set out in article 59, paragraph 1, letter a), of the Italian Consumer Code.

12.4 Withdrawal and the related refunds are handled directly by the Provider. The right of withdrawal may be exercised by explicit statement sent to help@fitloop.net or to the PEC address fitandsocial@pec.it, including by using the model form set out in Annex 1. The Provider refunds the payments received, less any amount due pursuant to Article 12.3, without undue delay and in any event within 14 (fourteen) days from the day on which it was informed of the withdrawal, by means of a refund, through the payment processor Stripe, to the same means of payment used by the User for the purchase, unless otherwise agreed and at no additional cost to the User.

12.5 This Article does not apply to purchases of physical goods on the Marketplace, for which the right of withdrawal is exercised against the third-party seller pursuant to Article 14.

Article 13 — Legal guarantee of conformity and support

13.1 The Provider is liable to the User, pursuant to articles 135-octies et seq. of the Italian Consumer Code, for any lack of conformity of the digital content and digital services supplied, both with respect to the subjective requirements agreed and with respect to the objective requirements laid down by law, including the supply of updates, including security updates, necessary to maintain the conformity of the Service, as further provided for in Article 30.

13.2 As this is a continuous supply over a period of time, the Provider is liable for any lack of conformity that becomes apparent during the period in which the digital content or digital service must be supplied under the contract.

13.3 In the event of a lack of conformity, the User has the right to the remedies provided for by law, namely restoration of conformity at no cost and within a reasonable time, or, on the terms provided by law, a proportionate reduction in price or termination of the contract, without prejudice to the mandatory rules set out in articles 135-octies et seq. of the Italian Consumer Code. No provision of the Conditions excludes or limits such rights.

13.4 For physical goods purchased on the Marketplace, the legal guarantee of conformity referred to in articles 128 et seq. of the Italian Consumer Code applies against the third-party seller, as provided for in Article 14.

13.5 For reports of malfunctions, lack of conformity and requests for support, the User may contact the Provider's support service at help@fitloop.net or through the support channels available in the App. The Provider provides a response within a reasonable time and in any event within 30 (thirty) days of receipt of the report.

Article 14 — Supplements Marketplace

14.1 The Marketplace enables the User to purchase food supplements. The seller of the products is the third-party manufacturer, whose full identifying details (name, registered office, contact details, VAT number) are indicated to the User on the product page and at checkout, before the conclusion of the purchase. The contract of sale is concluded exclusively between the User and the third-party seller, on the latter's terms of sale, made available before the purchase.

14.2 The Provider acts merely as a technical intermediary, making the Platform's infrastructure available for the presentation of products and the transmission of orders, and is not a party to the contract of sale. Prices, availability, shipping, delivery, the legal guarantee of conformity, the right of withdrawal on physical goods (14 days from delivery, pursuant to articles 52 et seq. of the Italian Consumer Code), returns and refunds are handled by the third-party seller in accordance with its own terms of sale and applicable law. Complaints relating to the products must be addressed to the seller; upon receiving a report at help@fitloop.net, the Provider provides reasonable assistance to the User in contacting the seller.

14.3 The User acknowledges that food supplements are not a substitute for a varied and balanced diet and a healthy lifestyle. Supplements must be taken in accordance with the instructions on the label, without exceeding the recommended daily dose, and must be kept out of the reach of children under 3 (three) years of age. During pregnancy, breastfeeding, in the presence of medical conditions or where medication is being taken, a doctor should be consulted before use. The products offered on the Marketplace are subject to the rules on food supplements set out in Legislative Decree No. 169 of 21 May 2004, to the guidance of the Italian Ministry of Health and, as regards nutrition and health claims, to Regulation (EC) No 1924/2006; compliance with such rules, including labelling, is the responsibility of the manufacturer/seller.

14.4 Any supplement suggestions generated as part of the Supplementation Loop are merely informational and promotional in nature, do not constitute medical or nutritional advice pursuant to Article 9, and do not entail any obligation to purchase. Purchasing on the Marketplace is always optional and does not affect the use of the Service.

14.5 Returns and refunds. The procedures for returning products purchased on the Marketplace and obtaining refunds are handled by the third-party seller in accordance with its own terms of sale and applicable law. In particular, save as otherwise, and where more favourable, provided by the seller's terms: (i) the right of withdrawal on physical goods is exercised against the seller within 14 (fourteen) days of delivery, in the manner indicated on the product page or in the terms of sale; (ii) the User returns the goods to the seller without undue delay and in any event within 14 (fourteen) days of the notification of withdrawal, bearing only the direct cost of returning the goods where this is provided for and communicated pursuant to article 49, paragraph 1, of the Italian Consumer Code; (iii) the seller refunds the payments received within 14 (fourteen) days of the notification of withdrawal, and may withhold the refund until it has received the goods or evidence of their return shipment; and (iv) the exclusions of the right of withdrawal provided for in article 59 of the Italian Consumer Code remain unaffected, including those relating to sealed goods that are not suitable to be returned for hygiene or health-protection reasons, where unsealed after delivery. The Provider provides reasonable assistance to the User in contacting the seller pursuant to Article 14.2.

14.6 Legal guarantee on goods. The third-party seller is liable to the User, pursuant to articles 128 et seq. of the Italian Consumer Code, for lack of conformity of the products existing at the time of delivery and becoming apparent within 2 (two) years of that time. In the event of a lack of conformity, the User has the right, against the seller, to restoration of conformity (repair or replacement) or, on the terms provided by law, to a reduction in price or termination of the contract, within the periods and in the manner provided for by the Italian Consumer Code. Any voluntary guarantees of the manufacturer do not limit the legal guarantee.

14.7 Role of the Platform and liability within the limits of the DSA. With reference to the Marketplace, the Provider provides an intermediation service pursuant to Regulation (EU) 2022/2065 ("DSA") and is liable within the limits provided therein for providers of intermediary services, with no general obligation to monitor third-party content and offers. The User may report to the Provider Marketplace products or content that the User considers unlawful or unsafe, through the in-app reporting tools or by writing to info@fitloop.net, in accordance with the procedure set out in Articles 18.8 and 18.9; the Provider adopts the consequent measures promptly and diligently, including, where justified, removal of the listing and notification to the seller. The liability of the third-party seller as a trader in respect of the products offered remains unaffected; any further obligations imposed by the DSA on online platforms that allow the conclusion of distance contracts between consumers and traders will apply where the relevant size and qualitative thresholds are met.

Article 15 — Partner Gym Services

15.1 Through the App the User may locate Partner Gyms and purchase or manage subscriptions, entries and other services offered by them (the "Gym Services").

15.2 The contract for the Gym Services is concluded exclusively between the User and the Partner Gym, on the latter's contractual terms, made available to the User before the purchase together with the Partner Gym's identifying details. The Provider is not a party to such contract and acts as a technical intermediary for the presentation of the offer, the transmission of the order and, where applicable, the collection of the fee on behalf of the Partner Gym through the payment service provider.

15.3 Access to the facility and use of the Gym Services remain subject to the Partner Gym's internal rules, including any medical certification requirements for engaging in sporting activity. Complaints and requests relating to the Gym Services (including withdrawal, suspensions and refunds) must be addressed to the Partner Gym; the Provider provides reasonable assistance to the User where contacted at help@fitloop.net.

15.4 For the scope of shared processing within the FitLoop ecosystem (for example: registry data and subscription status of Users who purchase Gym Services through the App; access control; joint marketing on the basis of consent), the Provider and the Partner Gym act as joint controllers pursuant to Article 26 GDPR. The essential content of the joint-controllership arrangement and the allocation of responsibilities are set out in the Privacy Notice, to which reference is made.

15.5 The sharing with the Partner Gym and its trainers of the User's programmes, 3D Avatar and measurements takes place exclusively upon prior activation by the User of the relevant feature, and may be deactivated at any time from the App, with effect for the future; reference is made to the Privacy Notice for details on the processing.

Article 16 — Referral Programme

16.1 The Referral Programme enables the User to obtain Credits by inviting other people to register and use the App, on the terms established by the Referral Programme Rules, which the User accepts upon joining the Referral Programme and which, to the extent governed therein, prevail over this Article.

16.2 Unless otherwise provided by the Referral Programme Rules, the award of Credits presupposes genuine and effective invitations: the invitation must be addressed to real people, who register spontaneously and complete any activation conditions indicated in the Referral Programme Rules (for example: completion of registration, first activation of the Service). In particular, the following do not give rise to any entitlement to Credits: (i) invitations addressed to oneself, including by means of different contact details, identities or devices ("self-referral"); (ii) invitations generated by means of fictitious or duplicate Accounts, or Accounts created in breach of Article 3.5; (iii) invitations disseminated by means of unsolicited mass communications (spam), in breach of the legislation on unwanted communications, or published in contexts that mislead as to the nature of the Referral Programme; and (iv) invitations procured by means of automated systems, deceptive incentives or other abusive methods.

16.3 Notice pursuant to Law No. 173 of 17 August 2005: Credits may be obtained by inviting friends; Credits do not constitute income or remuneration. The Referral Programme is a promotional initiative: it does not constitute direct door-to-door selling activity or any form of sales network, does not entail any obligation for the User to purchase, recruit or pay sums of money, and does not confer any monetary compensation; the benefit for the User is limited to Credits as in-app promotional benefits.

16.4 The Provider reserves the right to cancel Credits obtained fraudulently or abusively (for example: fictitious accounts, self-invitations, use of automated systems, spam), even where already credited to the Wallet, and to suspend or exclude the responsible Users from the Referral Programme, without prejudice to any other measure referred to in Article 19. The revocation of Credits and exclusion from the Referral Programme are communicated to the User together with the reasons; the User may contest the measure pursuant to Article 35. Credits legitimately accrued and unrelated to the abusive conduct remain unaffected.

Article 17 — Credits and Wallet

17.1 The Wallet is the section of the Account showing the balance, the transaction history, the reasons for award, and any expiry dates of the User's Credits. The Wallet has a merely accounting and informational function and does not constitute a payment account or a deposit.

17.2 Credits are promotional value units of a prepaid nature for exclusive use within the App: they do not constitute electronic money or payment instruments within the meaning of the legislation on banking and payment services, are not issued against the payment of funds by the User, and cannot be spent outside the Service.

17.3 Unless otherwise provided by the Referral Programme Rules: (i) Credits have no monetary value, are not convertible into money or refundable, and are not transferable to third parties; (ii) Credits may be used exclusively within the App for the uses indicated from time to time (for example: discounts on the Premium Subscription or on other paid services of the Provider); (iii) the accumulation of Credits is subject to a monthly cap of Euro 1.000,00 (one thousand/00), as may be updated in the Referral Programme Rules and subject to change pursuant to Article 26; (iv) the award of Credits operates on a maximum of 2 (two) levels of invitation; and (v) Credits are valid for 90 (ninety) days from the date awarded, as may be updated in the Referral Programme Rules and subject to change pursuant to Article 26, and lapse upon closure of the Account, with no compensation, save as provided by mandatory rules.

17.4 The expiry of Credits is indicated in the Wallet. Where technically possible, the Provider notifies the User, through the App, of the approaching expiry of unused Credits. Unless otherwise indicated, Credits are used in order of expiry, starting with those expiring soonest.

17.5 In the event of closure of the Account, unused Credits lapse with no compensation, save as provided by mandatory rules and subject to the following: where the closure results from withdrawal by the User in response to detrimental changes pursuant to Article 26.2 or from assignment of the contract pursuant to Article 37.4, the Provider will consider, in good faith, fair solutions for Credits accrued and not used (for example: allowing a period for their use before closure).

17.6 The Provider may correct awards of Credits resulting from technical or clerical errors, giving notice to the User. Article 16.4 applies to the cancellation of Credits obtained fraudulently or abusively.

Article 18 — User Content (social feed); reporting and moderation pursuant to the DSA

18.1 The App includes social features that enable the User to post User Content and to interact with other users. The User retains all rights in their own User Content.

18.2 By posting, the User grants the Provider a non-exclusive, free-of-charge licence, for the territory in which the Service is made available and for the duration of the posting, limited to the technical activities necessary to host, store, technically reproduce, adapt in format and display the User Content within the App, for the benefit of the User and other users in accordance with the chosen visibility settings. The licence ends upon removal of the content or closure of the Account, subject to the technical time needed for propagation and to the retention obligations provided for by law.

18.3 The User represents and warrants: (i) that they hold the rights in the User Content posted or have the necessary authorisations; (ii) that the User Content does not infringe the rights of third parties (including copyright, trade marks, privacy, image and reputation); and (iii) that they have obtained the consent of any persons depicted. It is not permitted to post content depicting identifiable minors, save as may be permitted by applicable law and by the App's features.

18.4 It is prohibited to post User Content that is: (i) unlawful, defamatory, threatening, harassing, discriminatory or hateful; (ii) obscene, pornographic or otherwise contrary to public decency; (iii) promoting practices dangerous to health, eating disorders, the use of doping substances or medication without a prescription; (iv) containing false or misleading medical or health-related information; (v) unauthorised advertising, promotional material or spam; (vi) containing viruses or harmful code; or (vii) in breach of third parties' intellectual or industrial property rights.

18.5 The Provider has no general obligation to monitor User Content. The Provider may remove or disable access to unlawful User Content or User Content that breaches the Conditions, upon report or on its own initiative, giving reasoned notice to the User concerned unless this is prohibited or not required by law, in accordance, to the extent applicable, with Regulation (EU) 2022/2065. The App provides content-reporting tools; reports may also be sent to help@fitloop.net. A User who considers the removal of their own content unjustified may contest it pursuant to Articles 18.10 and 35.

18.6 The Service does not constitute a storage service: the Provider does not guarantee the retention of User Content, and the User is invited to keep a copy of it.

18.7 Single point of contact (articles 11 and 12 DSA). The Provider's single point of contact, for communications from the authorities of the Member States, the European Commission and the board referred to in the DSA, as well as for communications from recipients of the Service, is reachable at the email address info@fitloop.net. Communications may be made in Italian or English. The same point of contact may also be used by Users for any matter relating to reports and moderation decisions referred to in this Article.

18.8 Reporting mechanism (notice and action — article 16 DSA). Anyone, whether a User or a third party, may report to the Provider the presence in the App of content that they consider illegal or in breach of the Conditions, through the in-app reporting tools available alongside each item of content or by writing to info@fitloop.net. The report should contain: (i) a sufficiently substantiated explanation of the reasons why the content is considered illegal or prohibited; (ii) a clear indication of the exact location of the content (for example: a link, the post identifier or a screenshot); (iii) the name and an email address of the person making the report, unless the report concerns offences relating to sexual abuse, sexual exploitation or child sexual abuse material, in which case it may be anonymous; and (iv) a statement confirming the reporting person's good-faith belief that the information and claims provided are accurate and complete. The Provider confirms receipt of the report without undue delay to the email address, if any, indicated by the person making the report, handles reports in a timely, diligent, non-arbitrary and objective manner, and notifies the person making the report of the decision taken, indicating the avenues for appeal.

18.9 Statement of reasons for decisions (article 17 DSA). Where the Provider, on the grounds that it considers an item of content to be illegal or incompatible with the Conditions, adopts one of the following measures: removal or disabling of access to an item of User Content, demotion or limitation of its visibility, suspension or termination, in whole or in part, of the provision of the Service, or suspension or closure of the Account, it provides the User concerned with a clear and specific statement of reasons, containing at least: (i) an indication of the measure adopted and, where relevant, its duration and scope; (ii) the facts and circumstances relied on in taking the decision, including, where relevant, an indication of whether the decision was taken as a result of a report pursuant to Article 18.8 or of the Provider's own-initiative checks; (iii) information on any use of automated means in taking the decision, including whether it was taken in relation to content detected using automated means; (iv) a reference to the legal ground relied on (the provision of law allegedly infringed) or to the provision of the Conditions considered to have been breached, with an explanation of the reasons; and (v) clear and easy-to-understand information on the means of redress available to the User (internal complaint pursuant to Article 18.10, complaint pursuant to Article 35, ADR bodies, and the courts). A statement of reasons is not required in the cases provided for by the DSA (including high-volume deceptive commercial content) or where a legal obligation or an order of the authorities precludes it.

18.10 Contesting moderation decisions. A User who is the subject of a measure referred to in Article 18.9, as well as a person making a report that has not been upheld, may contest the decision, within a reasonable time and in any event not less than 6 (six) months from the communication, through the channels referred to in Article 18.7 or in accordance with the complaint procedure referred to in Article 35. The complaint is examined promptly, in a non-discriminatory, diligent and non-arbitrary manner, with human oversight and not solely on the basis of automated means; the outcome is communicated together with a statement of reasons. Recourse to out-of-court dispute settlement bodies and to the courts remains unaffected.

18.11 Further DSA obligations. The User acknowledges that further obligations imposed by the DSA on online platforms (including the internal complaint-handling system referred to in article 20 DSA, trusted flaggers and measures against abuse) will apply to the Provider once the thresholds and conditions provided for therein are exceeded, taking into account the exemption established by article 19 DSA for micro and small enterprises. In any event, the Provider applies, on a voluntary basis, the procedures set out in Articles 18.8, 18.9 and 18.10 as best practices of transparency towards Users.

Article 19 — Prohibited uses; suspension and closure of the Account for breaches

19.1 Without prejudice to the specific prohibitions set out in other articles of the Conditions, the User is prohibited from: (i) using the App for unlawful purposes or in breach of the Conditions; (ii) accessing or attempting to access without authorisation restricted areas of the Platform, other users' accounts, or systems of the Provider or of third parties; (iii) introducing viruses or other harmful code, or compromising the security, integrity or availability of the Platform; (iv) carrying out scraping, mass data extraction, or using bots or other unauthorised automated systems, without prejudice to what is further provided for in Article 21; (v) circumventing the technical limitations of the Service or its technological protection measures; (vi) using the App for unauthorised commercial, professional or promotional purposes, including the resale of content, programmes or features; (vii) making false statements during registration, the questionnaire, or use of the Service; (viii) harassing, threatening or harming other users.

19.2 In the event of a breach of the Conditions, the Provider may, depending on the seriousness of the breach and following an assessment of the circumstances: (i) formally warn the User; (ii) remove content; (iii) suspend or limit, in whole or in part, access to the Service or to individual features; or (iv) close the Account, terminating the contract. Unless the breach, owing to its seriousness or to security requirements, requires immediate action, suspension or closure is preceded by notice to the User on a durable medium, stating the reasons and, where the breach is capable of remedy, granting a period of not less than 15 (fifteen) days within which to remedy it. The safeguards regarding the statement of reasons and the right to contest set out in Articles 18.9 and 18.10 also apply to measures concerning User Content or the suspension or closure of the Account.

19.3 In the event of closure of the Account pursuant to this Article: (i) the User's right to use the App ceases; (ii) Credits lapse; (iii) any Premium Subscription in progress ends early and automatic renewal is deactivated by the Provider, with no further action required by the User; and (iv) rights accrued by the User and any refund due by law remain unaffected, as does the User's right to contest the measure pursuant to Article 35 and any action by the Provider to protect its own rights.

Article 20 — Intellectual property of the Provider

20.1 The App, the Platform, the software, algorithms, databases, interfaces, graphics, trade marks, logos, distinctive signs, editorial content, Loop formats, and any other material made available through the Service (excluding User Content and the User's 3D Avatar), together with the related developments, updates and improvements, are and remain the exclusive property of the Provider or its successors in title, and are protected by the legislation on intellectual and industrial property, including Law No. 633 of 22 April 1941 and Legislative Decree No. 30 of 10 February 2005.

20.2 Upon acceptance of the Conditions, the Provider grants the User a personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the App, limited to the personal and non-commercial use of the Service in accordance with the Conditions, for the duration of the relationship. No intellectual or industrial property right is transferred to the User.

20.3 Save in the cases permitted on a mandatory basis by law (articles 64-ter and 64-quater of Law No. 633/1941), the User is prohibited from: (i) copying, modifying, translating, adapting or creating derivative works of the App or its content; (ii) decompiling, disassembling or reverse engineering the App; (iii) distributing, renting, sublicensing or otherwise making the App or the content of the Service available to third parties; (iv) extracting or re-utilising substantial parts of the Platform's databases; (v) removing or altering ownership notices, trade marks or distinctive signs.

20.4 The programmes, schedules and other content generated by the Service for the User are intended exclusively for the User's personal use; their commercial exploitation and systematic dissemination to third parties are prohibited, as further provided for in Article 21.

20.5 Any suggestions, reports or proposals for improvement sent by the User may be freely used by the Provider for the development of the Service, with no obligation to pay compensation, it being understood that this right does not extend to personal data, the processing of which remains governed by the Privacy Notice.

Article 21 — Prohibition on commercial use, scraping and training third-party artificial intelligence systems

21.1 The App, the Service and the related content are intended exclusively for the personal use of the User as a consumer. Any unauthorised commercial, professional or promotional use of the App and of the content of the Service is prohibited, including, for example: the resale, licensing or making available to third parties, for consideration, of the App, the Account, the Loops, the programmes or other content; the use of the content of the Service to provide third parties, even free of charge but in an organised manner, with training, consultancy or coaching services; and the systematic incorporation of the content of the Service into third-party products or services.

21.2 Scraping, crawling, harvesting and any other form of systematic or mass extraction, collection or reproduction, by any means (including automated means), of data, content or parts of the Platform are prohibited without the Provider's prior written authorisation, as is the circumvention of the technical measures put in place to prevent them. Pursuant to Article 4 of Directive (EU) 2019/790 and articles 70-ter and 70-quater of Law No. 633/1941, the Provider expressly reserves the rights over the works and other materials of the Platform for the purposes of text and data mining, such reservation being expressed also by machine-readable means; only the mandatory exceptions provided by law remain unaffected.

21.3 It is in any event prohibited to use the App, the Platform, the content of the Service, the User Content of other users, and the outputs of the Service's artificial intelligence systems to develop, train, fine-tune, feed or improve one's own or third parties' artificial intelligence models, systems or applications, save with the Provider's prior written authorisation.

21.4 A breach of this Article entitles the Provider to adopt the measures referred to in Article 19, without prejudice to any action to protect its own rights and to compensation for damages. The rights and powers granted to the User by law on a mandatory basis remain unaffected.

Article 22 — Liability

22.1 Nothing in these Conditions excludes or limits the Provider's liability in cases where liability cannot be excluded or limited by law, and in particular: (i) for wilful misconduct or gross negligence (article 1229 of the Italian Civil Code); (ii) for personal injury (death or personal injury); (iii) for breach of obligations arising from mandatory public-policy rules; and (iv) the rights granted to the User by the legal guarantee of conformity and by any other mandatory provision of the Italian Consumer Code.

22.2 Within the limits set out in Article 22.1, the Provider is not liable for damages arising from: (i) use of the App inconsistent with the Conditions, the in-app instructions or applicable law; (ii) false, inaccurate or incomplete statements made by the User during registration or when completing the questionnaire referred to in Article 8, or the failure to update them; (iii) failure to consult a doctor or the User's failure to comply with medical instructions, prescriptions or contraindications, which in all cases prevail over the content of the Service; (iv) engaging in physical activity in unsuitable conditions or without the precautions required by the User's state of health.

22.3 The User acknowledges that physical activity involves intrinsic risks to health. The choice to perform the exercises and follow the programmes proposed rests with the User, who is required to assess their own physical condition, take the necessary precautions, and immediately stop the activity in the event of symptoms pursuant to Article 8.6.

22.4 Within the limits set out in Article 22.1, the Provider is not liable for: (i) interruptions or malfunctions of the Service due to unforeseeable circumstances, force majeure (Article 24), acts of third parties not attributable to the Provider (including failures of third-party networks and services), or scheduled maintenance work notified with reasonable advance notice (Article 25), without prejudice to the guarantee referred to in Article 13; (ii) the non-performance of obligations owed by third parties with whom the User concludes contracts through or in connection with the App (the Marketplace seller, Partner Gyms, the Stores as regards distribution of the App, payment service providers), without prejudice to the liability of such parties and to the provisions of Articles 14 and 15; (iii) User Content posted by other users, without prejudice to the reporting and removal procedures referred to in Article 18.

22.5 The Service does not entail any guarantee of results pursuant to Article 5.5, without prejudice to the conformity requirements referred to in Article 13.

Article 23 — Indemnity and hold harmless by the User

23.1 To the extent permitted by the legislation applicable to relations with consumers, where third parties assert against the Provider claims, demands or actions arising from: (i) User Content posted by the User in breach of Articles 18.3 or 18.4 (for example: content infringing third parties' copyright, right to image or reputation); (ii) fraudulent use of the App or of the Account by the User; or (iii) other serious breaches of the Conditions committed by the User with wilful misconduct or gross negligence, the User will hold the Provider harmless from damages, penalties and reasonable, documented costs and expenses (including reasonable legal costs) that are finally determined to be payable by the Provider as a direct consequence of such claims, in proportion to the actual causal contribution of the User's conduct and within the limits of the liability attributable to the User under the law.

23.2 The obligation referred to in Article 23.1 is subject to the following conditions: (i) the Provider informs the User in writing, without undue delay, of the third party's claim; (ii) the User is permitted, if the User so requests, to take part in the defence and to submit their own observations; and (iii) the Provider does not settle the claim with effects on the User without prior notice to the User. This Article does not place on the User any reversal of the burden of proof, does not limit the User's right to assert their own defences and objections, and does not derogate from the Provider's liability pursuant to Article 22.1; it does not apply to the extent that the claim arises from an act attributable to the Provider.

Article 24 — Force majeure

24.1 Neither party is liable for the failure to perform, or the delayed performance of, obligations arising from the Conditions (other than payment obligations already accrued) where this is due to events of force majeure, that is, extraordinary and unforeseeable events beyond the reasonable control of the party concerned, including, for example: natural disasters, earthquakes, floods, fires, epidemics and pandemics, acts of public authorities, subsequent legislative or judicial measures, wars, acts of terrorism, riots, general strikes, widespread power or telecommunications network outages, large-scale failures of third-party infrastructure, and cyberattacks of exceptional severity that could not be avoided with ordinary diligence.

24.2 The party affected by the force majeure event notifies the other party as soon as reasonably possible — in the case of the Provider, through the App or the other channels referred to in Article 34 — and adopts every reasonable measure to contain the effects of the event and to resume performance as soon as possible. Performance of the affected obligations is suspended for the duration of the force majeure event.

24.3 Where the force majeure event materially prevents the use of the Service for a period exceeding 60 (sixty) consecutive days, either party may terminate the contract by notice to the other; in that case, the User is entitled to a proportional refund of any fees paid for subscription periods not used, paid by the Provider through the payment processor Stripe to the original means of payment.

24.4 The rights granted to the User by mandatory rules remain unaffected in any event, including the remedies of the legal guarantee of conformity referred to in Article 13, to the extent that the event does not exclude the Provider's liability under the law.

Article 25 — Maintenance and availability of the Service

25.1 The Provider undertakes to ensure the reasonable continuity of the Service and to adopt appropriate technical and organisational measures to prevent and correct malfunctions, without prejudice to the legal guarantee of conformity referred to in Article 13. As this is a digital service intended for consumers, no minimum level of availability (uptime) or absolute continuity of the Service is guaranteed, and the Service may be subject to temporary interruptions or degradation for technical, security or maintenance requirements.

25.2 The Provider may carry out scheduled maintenance work on the Platform, planned, where reasonably possible, during time slots of reduced use of the Service. Scheduled work involving a material interruption or limitation of the Service is notified to Users with reasonable advance notice — where possible, at least 3 (three) days beforehand — through the App or the other channels referred to in Article 34, indicating, where it can be estimated, the expected duration.

25.3 The Provider may also carry out, without prior notice, urgent maintenance work made necessary by security requirements, the correction of vulnerabilities or serious malfunctions, or legal obligations, limiting its duration and impact as far as possible and informing Users where the interruption is material.

25.4 In the event of material interruptions to the Service, the Provider informs Users, through the App or the other available channels, of the status of the Service and, where they can be estimated, the expected restoration time, and makes every reasonable effort to restore functionality promptly.

25.5 In the event of unavailability or malfunction constituting a lack of conformity, the remedies referred to in Article 13 remain unaffected, as do the provisions of Articles 22.1 and 22.4.

Article 26 — Amendments to the Conditions and to the Service

26.1 The Provider may amend the Conditions and the Service, in addition to what is necessary to maintain their conformity pursuant to Article 13, for justified reasons, such as: (i) regulatory changes or measures of the authorities; (ii) technical and security requirements; (iii) the evolution, improvement or rationalisation of the Service and of the related technological models; (iv) changes in economic and market conditions; (v) the introduction, modification or discontinuation of features.

26.2 Amendments to the Conditions or to the Service that entail a non-negligible worsening of the User's position (for example: an increase in fees, a substantial reduction of features included in the active plan) are communicated to the User on a durable medium, in a clear and comprehensible manner, with at least 30 (thirty) days' notice before the effective date. By that date the User may withdraw from the contract free of charge; the proportional refund applies to subscription periods already paid for and not used, paid by the Provider through the payment processor Stripe to the original means of payment. In the event of a material amendment to the Conditions, the User may be asked to provide new express in-app acceptance. The provisions of article 135-vicies semel of the Italian Consumer Code remain unaffected as regards amendments to digital content or digital services.

26.3 Technical or improving amendments that do not worsen the User's position (for example: new features, security and performance improvements, updates to the artificial intelligence models without material degradation of the Service) may be applied by informing the User through the App, without the need for the notice referred to in Article 26.2.

26.4 The updated version of the Conditions is made available in the App with an indication of the date of last amendment. Use of the Service after the effective date of amendments communicated pursuant to this Article does not deprive the User of the rights granted to them by this Article and by law.

Article 27 — Duration, closure of the Account and effects

27.1 The contract is for an indefinite term. The User may close their Account at any time, free of charge, through the relevant in-app feature or by request to help@fitloop.net; closure of the Account results in the deactivation of automatic renewal of any Premium Subscription in progress, without prejudice to the User's ability to manage and give notice of termination of the subscription at any time from the web store and the related account area pursuant to Article 10.3.

27.2 Closure of the Account results in: (i) termination of the licence to use referred to in Article 20.2; (ii) loss of access to the 3D Avatar, Loops, history and other Account content, subject to Article 27.3; (iii) the lapse of unused Credits, save as provided for in Article 17.5, in the Referral Programme Rules or by mandatory rules; and (iv) the early termination of any Premium Subscription in progress, with no refund for periods already paid for, save in the cases provided for in Articles 8.9, point (c), 12, 13 and 26 or by law.

27.3 Before closing the Account, the User may request the export of their data in the formats and within the limits described in the Privacy Notice and in Article 28, to which reference is also made for the retention and deletion periods for data following closure and for the exercise of the rights referred to in Articles 15-22 GDPR (including portability).

27.4 The provisions intended by their nature to produce effects even after termination survive termination of the contract, to the extent compatible, including Articles 18.2 (for the technical time referred to therein), 20, 21, 22, 23, 36 and 37.

Article 28 — Interoperability, export and portability of data and content

28.1 The export of the main data and content of the Account (for example: profile data, measurements and history, Loops and programmes, 3D Avatar files) takes place upon request of the User, submitted by means of an in-app ticket (in-app support channels), in structured, commonly used and machine-readable formats; in particular, the Loops may be exported in PDF and CSV formats. The export is free of charge.

28.2 The User's right to the portability of personal data pursuant to Article 20 GDPR remains unaffected, namely the right to receive, in a structured, commonly used and machine-readable format, the personal data concerning them provided to the Provider and processed by automated means on the basis of the contract or of consent, and to transmit them to another controller, including directly where technically feasible. For the exercise of this right, reference is made to the Privacy Notice; requests may also be sent to info@fitloop.net.

28.3 The Provider does not place unjustified contractual or technical obstacles in the way of the export of the User's data and content or of the User's switching to other services, without prejudice to the protection of the intellectual property rights of the Provider and of third parties and of third parties' personal data.

28.4 Before the closure of the Account, the User is invited to export their data and content pursuant to Article 27.3; after closure, the availability of the data is governed by the retention and deletion periods indicated in the Privacy Notice.

Article 29 — Death of the User

29.1 The Account is strictly personal. In the event of the death of the User, the heirs or other persons entitled may contact the Provider through the channels referred to in Article 34, providing suitable documentation, to request the closure of the Account and the termination of any subscriptions in progress.

29.2 The rights referred to in Articles 15-22 GDPR relating to the personal data of the deceased User may be exercised, pursuant to article 2-terdecies of Legislative Decree No. 196 of 30 June 2003 (the "Italian Data Protection Code"), by a person having an interest of their own, or acting to protect the data subject as their agent, or for family reasons deserving of protection, unless the User has expressly prohibited this by a statement submitted or communicated to the Provider in the manner provided by law. Reference is made to the Privacy Notice for the relevant procedures.

29.3 In the event of notification of the death: (i) any Premium Subscription ends with no further charges from the date of notification, and the Provider refunds to the persons entitled the portion of the fee relating to the period not used; and (ii) Credits, given their promotional and strictly personal nature, lapse with no compensation, save as provided by mandatory rules.

Article 30 — App updates and device requirements

30.1 The App requires a mobile device compatible with the minimum requirements (operating system version, storage space, camera, connectivity) indicated on the App's pages on the Stores. Failure to meet the minimum requirements, or the unsuitability of the User's device or connection, may prevent or limit the use of the Service, with no liability on the part of the Provider within the limits of Article 22.

30.2 Pursuant to article 135-decies of the Italian Consumer Code, the Provider ensures that the User is supplied, for the entire period of continuous supply of the Service, with the App updates, including security updates, necessary to maintain the conformity of the Service, and informs the User of their availability through the Stores and, where appropriate, through the App.

30.3 The User is required to install, within a reasonable time, the updates made available. Where the User does not install the updates supplied within a reasonable time, the Provider is not liable, on the terms provided for in article 135-decies of the Italian Consumer Code, for lack of conformity arising solely from the failure to install them, provided that: (i) the User was informed of the availability of the update and of the consequences of not installing it; and (ii) the failure to install, or incorrect installation, is not due to shortcomings in the instructions provided. Failure to install updates may also result in malfunctions, limitations of functionality or security risks.

30.4 The minimum requirements may evolve over time as a result of technological developments and changes to operating systems. The discontinuation of support for obsolete operating system versions or for categories of devices is communicated to the affected Users with reasonable advance notice, through the App or the Stores; where discontinuation entails a non-negligible worsening of the User's position, Article 26.2 applies.

Article 31 — Provisions relating to the Stores

31.1 The App is distributed through Stores operated by third parties. The download and use of the App through the Stores are also subject to the terms of the applicable Store. In the event of conflict between the Conditions and the mandatory terms of the Store as regards the relationship with the Store, the latter prevail in the relationship between the User and the Store. The Stores operate solely for the distribution of the App (download and updates): purchases of the Premium Subscription and of other paid services take place outside the Stores, on the Provider's web store, pursuant to Article 10, and the Stores remain unrelated to the related invoicing and to the related collections and refunds.

31.2 With reference to the App downloaded from the Apple App Store, the User acknowledges and accepts that: (i) the Conditions are entered into between the User and the Provider, and not with Apple Inc. or its affiliates ("Apple"); Apple is not responsible for the App or its content; (ii) the licence to use the App is limited to use on Apple-branded devices owned or otherwise available to the User, in compliance with the usage rules set out in the App Store's terms of service; (iii) Apple has no obligation to provide maintenance or support services in relation to the App; (iv) in the event of the App's failure to conform to any applicable warranty, the User may notify Apple, which will refund the purchase price of the App, if any was paid; to the maximum extent permitted by law, Apple has no other warranty obligation in relation to the App, any further claim remaining governed by the Conditions and addressed to the Provider; (v) Apple is not responsible for handling claims of the User or of third parties relating to the App, including claims relating to product liability, non-compliance with regulatory requirements and consumer protection; (vi) in the event of any claim by third parties that the App infringes intellectual property rights belonging to others, the handling of the matter is for the Provider, under the terms of the Conditions; (vii) the User represents that they are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that they are not listed on any U.S. Government list of prohibited or restricted parties; (viii) Apple and its subsidiaries are third-party beneficiaries of the Conditions and, upon the User's acceptance, will have the right to enforce them against the User. The provisions of this Article 31.2 apply to the extent that they are compatible with the mandatory rules protecting consumers.

31.3 With reference to the App downloaded from the Google Play Store, the User acknowledges and accepts that: (i) the Conditions are entered into between the User and the Provider, and not with Google LLC or its affiliates ("Google"); (ii) Google is not responsible for the App and does not provide any warranties or support in respect of it; (iii) the Google Play terms of service remain applicable to the download and use of the App through that Store. The provisions of this Article 31.3 apply to the extent that they are compatible with the mandatory rules protecting consumers.

31.4 The Stores may suspend or cease distribution of the App for reasons beyond the Provider's control; in that case, the Provider will make every reasonable effort to ensure the continuity of the Service, without prejudice to the application of Articles 13, 22 and 26.

Article 32 — Third-Party Services

32.1 The Service integrates, references or makes use of Third-Party Services, including, for example: (i) the Stores, for the distribution and updating of the App (Article 31); (ii) third-party video content playback services used for the exercise demonstration videos (for example, the YouTube platform); (iii) map and geolocation services used to locate Partner Gyms; (iv) payment service providers (in particular Stripe, which processes payments on the Provider's web store); and (v) the cloud infrastructure and other technology providers of the Platform. The updated list of the main Third-Party Services integrated into the App is indicated in the App and/or in the Privacy Notice.

32.2 The use of features provided through Third-Party Services may be subject, for the aspects within their respective remit, to the terms and conditions and privacy notices of the relevant third-party providers (for example: YouTube's terms of service for the playback of its videos), which the User is invited to consult. The Provider is not a party to the relationships between the User and the third-party providers.

32.3 The availability and functioning of the Third-Party Services do not depend on the Provider and are not guaranteed by it: third-party providers may modify, suspend or discontinue their services, in whole or in part, even without notice. In such cases, the Provider makes every reasonable effort to replace the affected Third-Party Service with equivalent solutions or to mitigate the effects on the user experience, without the unavailability of the individual third-party service, where not attributable to the Provider, constituting, in itself, a breach, within the limits set out in Articles 22.1 and 22.4 and without prejudice to the guarantee referred to in Article 13.

32.4 Any third-party content accessible through the Third-Party Services (for example: videos, maps, information sheets) is not prepared or controlled by the Provider, which is not liable for it to the extent permitted by law; the reporting procedures referred to in Article 18.8 remain unaffected for content hosted in the App.

Article 33 — Accessibility

33.1 The Provider undertakes to design and develop the App taking into account the accessibility requirements for persons with disabilities provided for by Legislative Decree No. 82 of 27 May 2022, implementing Directive (EU) 2019/882 (the European Accessibility Act), and the relevant harmonised technical standards (including standard EN 301 549 and the WCAG guidelines), as well as to pursue the continuous improvement of the accessibility of the Service (for example: compatibility with assistive technologies and screen readers, adequate colour contrast, alternative text, adjustable font sizes, simplified navigation).

33.2 Users may report accessibility barriers, request assistance in using the App, or request the information contained in these Conditions in an accessible format, by writing to the dedicated address info@fitloop.net (subject line: "Accessibility") or to help@fitloop.net. The Provider responds to reports within a reasonable time and in any event within 30 (thirty) days, taking them into account in the App's improvement plan.

Article 34 — Communications

34.1 Communications from the Provider to the User relating to the contractual relationship are made through the App (notifications or message area) and/or to the email address associated with the Account, which the User undertakes to keep active and up to date. Communications for which the Conditions or the law require a durable medium are made at least by email.

34.2 The User may contact the Provider: (i) through the support channels available in the App; (ii) at the email address help@fitloop.net; (iii) at the email address info@fitloop.net, which also constitutes the single point of contact pursuant to articles 11 and 12 of the DSA (Article 18.7); (iv) by PEC at fitandsocial@pec.it; or (v) by post, at Fit & Social S.r.l. Unipersonale, Viale Risorgimento 19/A, 25060 Cellatica (BS).

Article 35 — Complaints and dispute resolution

35.1 Internal complaint procedure. Complaints relating to the Service, the Conditions or the contractual relationship may be submitted through the channels referred to in Article 34.2. To facilitate handling, the complaint should contain: the identifying details of the User and of the Account, a description of the facts and reasons for the complaint, any relevant documentation, and the request made. The Provider confirms receipt of the complaint, examines it diligently and without discrimination, and provides a reasoned response within a reasonable time and in any event within 30 (thirty) days of receipt; for particularly complex complaints, within the same period the Provider communicates the status of the handling and the time by which the final response is expected. Submission of the complaint does not prejudice the User's right to bring proceedings before the courts or to activate the procedures referred to in Article 35.3.

35.2 Complaints relating to content. Articles 18.8, 18.9 and 18.10 also apply to complaints and disputes relating to content reports and moderation decisions.

35.3 Alternative dispute resolution (ADR). In accordance with the Italian Consumer Code and European legislation, if the User has the status of a consumer and has submitted a complaint that it has not been possible to resolve directly with the Provider, the User has the right to access alternative dispute resolution (ADR) procedures. The consumer may consult the available remedies and the list of accredited bodies through the dedicated consumer redress page made available by the European Commission (consumer-redress.ec.europa.eu). For any dispute arising from use of the App or from the purchase of the related services, the User may also initiate mediation or conciliation proceedings before the Mediation Body of the Brescia Chamber of Commerce (Via Einaudi 23, 25125 Brescia), by accessing the online services available on the website of the Brescia Chamber of Commerce or through the national ConciliaCamera platform (mediazione.infocamere.it). The Provider's participation in individual procedures is voluntary where not mandatory by law. The User's right to bring proceedings before the ordinary courts remains unaffected in any event. For information purposes, it is noted that the European online dispute resolution (ODR) platform was abolished, with effect from 20 July 2025, by Regulation (EU) 2024/3228.

35.4 Consumer forum. For any dispute relating to the interpretation, performance or termination of the Conditions, jurisdiction lies, pursuant to article 66-bis of the Italian Consumer Code, with the court of the place of residence or domicile of the User, if located within the territory of the Italian State, on a mandatory basis.

Article 36 — Governing law

36.1 The Conditions and the contractual relationship are governed by Italian law, without prejudice to the more favourable, mandatory provisions of the law of the European Union country of the User's habitual residence, pursuant to Article 6 of Regulation (EC) No 593/2008.

Article 37 — Final provisions

37.1 Partial invalidity. Any nullity, invalidity or ineffectiveness of individual clauses of the Conditions does not affect the remaining provisions, which remain fully valid and effective. Void, invalid or ineffective clauses shall be deemed automatically replaced by the applicable statutory rules and, where possible, will be reformulated by the Provider so as to achieve their purpose in accordance with the law, without prejudice to the rights of the User.

37.2 Tolerance. Any tolerance by one party of conduct by the other party in breach of the Conditions does not constitute a waiver of the rights arising from the provisions breached, nor of the right to require exact performance of them.

37.3 Entire agreement. The Conditions, together with the documents referred to therein pursuant to Article 2.5, constitute the entire agreement between the parties in relation to their subject matter and supersede any prior understanding. The rights and obligations provided for by mandatory rules remain unaffected.

37.4 Assignment of the contract by the Provider. The User hereby gives their consent, pursuant to article 1407 of the Italian Civil Code, to the assignment of the contract by the Provider to companies controlled by, controlling, or affiliated with the Provider, or belonging to the same group as the Provider, as well as to Sportechlabs Software S.r.l., with registered office in Brescia, Via Aldo Moro 5, a company to be incorporated and intended to take over ownership of the FitLoop project, including as part of extraordinary transactions, provided that: (i) the assignment does not entail any reduction of the User's guarantees and rights, the terms of the relationship remaining unchanged; (ii) the assignment is communicated to the User on a durable medium with at least 30 (thirty) days' notice; and (iii) the User may, by the effective date of the assignment, withdraw from the contract free of charge if they do not wish to continue the relationship with the assignee. Reference is made to the Privacy Notice for the processing of personal data connected with the assignment.

37.5 Prohibition on assignment by the User. The User may not assign the contract, or the rights and obligations arising from it, to third parties, given the personal nature of the Account.

37.6 Evidence. To the extent permitted by law, the Platform's electronic records relating to acceptances, consents, transactions and communications constitute suitable evidence of the relevant facts, subject to proof to the contrary.

Specific approval pursuant to articles 1341 and 1342 of the Italian Civil Code

Pursuant to and for the purposes of article 1341, second paragraph, and article 1342 of the Italian Civil Code, the User declares that they have carefully read and specifically approve, by means of a separate and additional electronic selection ("point and click") upon acceptance, the following provisions of the Conditions: Article 5.5 (nature of the Service and absence of any guarantee of results); Article 6 (Beta Features: provision on an availability basis, modification, suspension and withdrawal); Article 8.4 (limitations and suspensions for safety reasons — red flags); Articles 8.8, 8.9 and 8.10 (manual review for particular conditions — Medical Gate: precautionary suspension of the generation of the Nutrition and Supplementation Loops and related limitations on the Loop Coach AI); Article 9 (characteristics and limits of the artificial intelligence services and limits of use); Article 10.3 (automatic renewal and notice of termination); Article 10.4 (changes to fees); Article 11.3 (automatic conversion of the Free Trial into a paid subscription); Article 11.6 (revocation of promotional benefits in the event of abuse); Article 12.2 (loss of the right of withdrawal for digital content with immediate performance); Article 14 (the Provider's role as intermediary in the Marketplace and limits of liability); Article 15 (the Provider's role as intermediary for the Partner Gyms' services); Article 16.4 (revocation of Credits and exclusion from the Referral Programme in the event of fraud or abuse); Article 17 (nature, limits, expiry and lapse of Credits and of the Wallet); Article 18.2 (licence over User Content); Articles 18.5, 18.9 and 18.10 (moderation, removal of content and related decisions); Article 19 (prohibited uses; suspension and closure of the Account); Article 20 (intellectual property and limitations of the licence to use); Article 21 (prohibition on commercial use, scraping and training third-party artificial intelligence systems); Article 22 (liability); Article 23 (indemnity and hold harmless by the User); Article 24 (force majeure); Article 25 (maintenance and availability of the Service); Article 26 (amendments to the Conditions and to the Service); Article 27.2 (effects of closure of the Account); Article 30.3 (consequences of the User's failure to update); Article 31 (provisions relating to the Stores and third-party beneficiaries); Article 32 (Third-Party Services and their availability); Article 35.4 (consumer forum); Article 36 (governing law); Article 37.4 (assignment of the contract by the Provider).

Annex 1 — Standard withdrawal form

(pursuant to article 49, paragraph 1, letter h), and Annex I, Part B, of the Italian Consumer Code — to be used, optionally, to exercise the right of withdrawal referred to in Article 12)

Addressee: Fit & Social S.r.l. Unipersonale, Viale Risorgimento 19/A, 25060 Cellatica (BS) — email: help@fitloop.net — PEC: fitandsocial@pec.it

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*):

— Ordered on (*)/received on (*):

— Name of consumer(s):

— Address of consumer(s):

— Signature of consumer(s) (only if this form is notified on paper):

— Date:

(*) Delete as applicable.