TERMS AND CONDITIONS

PLEASE READ THIS AGREEMENT BEFORE USING THE EMBRACEPLUS, THE EMPATICA MOBILE APPLICATION AND/OR THE SUBSCRIPTION SERVICE. THESE CONDITIONS GOVERN THE SALE AND PURCHASE OF THE EMBRACEPLUS, AND THE NON-EXCLUSIVE LICENSE TO USE THE EMPATICA MOBILE APPLICATION AND THE SUBSCRIPTION SERVICE. BY PURCHASING THE EMBRACEPLUS, BY DOWNLOADING, INSTALLING OR USING THE EMPATICA MOBILE APPLICATION (THE “APP”) AND BY ACCEPTING THIS AGREEMENT, THE USER (“USER” OR “YOU”) AGREES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT PURCHASE THE EMBRACEPLUS, AND/OR DOWNLOAD, INSTALL OR USE THE APP OR THE SUBSCRIPTION SERVICE. THIS AGREEMENT MUST BE READ ALONGSIDE OUR PRIVACY NOTICE AVAILABLE AT https://emp.is/epimonitor-privacy-policy-eu-en WHICH SETS OUT HOW WE PROCESS PERSONAL DATA IN RELATION TO THE APP, SUBSCRIPTION SERVICE AND WEARABLE

1. DEFINITIONS

The following defined terms used in these terms and conditions shall have the meaning given to them below:

"Agreement" shall mean these terms and conditions which govern the purchase of and use of the EpiMonitor by the User, as may be amended by EMPATICA from time to time as specified herein.

"App" shall mean the EMPATICA mobile application, which may be downloaded from the EMPATICA website or applicable app stores and used with a Device.

"Caregiver(s)" shall mean the person(s) approved by and designated by the User to receive calls and/or SMS messages via the App.

"Device" shall mean any compatible smartphones that enable use of the App.

"EMPATICA" or "us" / "our" / "we" shall mean Empatica S.r.l., a company incorporated under the Laws of Italy, with registered office at Via Stendhal 36, 20144 Milano (MI), Italy, VAT No. IT07462810966.

"EpiMonitor" shall mean collectively the Wearable and the Subscription Service. The EpiMonitor is classified as a medical device in accordance with Regulation (EU) 2017/745 on medical devices ("MDR").

"Subscription Service" shall mean the alerting function subscription service available from Empatica to Users via the App.