WellPD — Terms and Conditions — Australia

LAST UPDATED: 07/10/2026

This Agreement applies to you if you reside in Australia.

Preamble

PLEASE READ THIS AGREEMENT BEFORE USING THE EMBRACE MINI, THE WELLPD MOBILE APPLICATION AND/OR THE SUBSCRIPTION SERVICE. THESE CONDITIONS GOVERN THE SALE AND PURCHASE OF THE EMBRACE MINI, AND THE NON-EXCLUSIVE LICENSE TO USE THE WELLPD MOBILE APPLICATION AND THE SUBSCRIPTION SERVICE. BY PURCHASING THE EMBRACE MINI, BY DOWNLOADING, INSTALLING OR USING THE WELLPD 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, YOU MUST NOT PURCHASE THE EMBRACE MINI, AND/OR DOWNLOAD, INSTALL OR USE THE APP OR THE SUBSCRIPTION SERVICE. THIS AGREEMENT MUST BE READ ALONGSIDE OUR PRIVACY NOTICE AND THE WELLPD INSTRUCTIONS FOR USE.

1. Definitions

"Agreement" shall mean these Terms and Conditions, as may be amended by EMPATICA from time to time as specified herein.

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

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

"EMPATICA", "we", "us" or "our" 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 (“EMPATICA”), the entity providing the App and the Wearable under this Agreement.

"Insights" shall mean the summaries, trends and interpretations of Wearable data presented in the App, including those generated automatically using artificial intelligence.

"Instructions for Use" shall mean the instructions for use accompanying the WellPD, available at the address http://empatica.com/manuals.

"Medication Reminder" shall mean the function of the App allowing you to record a medication schedule and receive reminders at the recorded times.

"Privacy Notice" shall mean the Empatica privacy notice available at https://www.empatica.com/wellpd/privacy-policy/au-en

"Subscription Service" shall mean the subscription service available from EMPATICA to you via the App and the User Portal.

"User" (referred to herein as "you" or "your") shall mean the individual who downloads and uses the App and wears the Wearable.

"User Portal" shall mean the EMPATICA web portal through which you create an account, activate a Wearable and manage orders and the Subscription Service, available at wellpd.empatica.com.

"Wearable" shall mean the wearable Embrace Mini device, produced by EMPATICA or any other companies of the EMPATICA Group, capable of collecting and transmitting physiological data for display on the App, designed and/or commercialised by EMPATICA.

"WellPD" shall mean collectively the Wearable and the Subscription Service. WellPD's regulatory status is as follows: WellPD is included in the Australian Register of Therapeutic Goods under ARTG No. 510860.

2. Sale and purchase of the Embrace Mini

2.1 If you are purchasing or have purchased a Wearable directly from EMPATICA, this section 2 applies to you. If you have purchased from an authorized reseller, their terms apply instead, and this section 2 does not apply to you.

2.2 If you have purchased a Wearable from a seller that is not authorized by EMPATICA, including third-party marketplace sellers, EMPATICA is under no obligation to provide any warranty, repair, replacement, refund, or other service in relation to that Wearable. EMPATICA does not guarantee that Wearables purchased from unauthorized sellers are genuine, new, unmodified, or intended for your region. You should contact the seller with any issues relating to such a purchase.

2.3 Prices of the WellPD and shipping costs are those indicated on our website at the time of transmission of your order. Prices are stated in Australian dollars and prices and shipping costs are inclusive of taxes and import fees, unless otherwise specified in the order. Upon placing an order and our receiving payment in full, you shall receive an order confirmation confirming our acceptance, order details and delivery details.

2.4 Ownership. The Wearable is sold to you outright. On delivery, title to the Wearable passes to you. The Subscription Service is a separate, ongoing service and is not a condition of your ownership of the Wearable, but the Wearable has no function without an active Subscription Service (see section 7).

2.5 Delivery. We undertake to deliver orders as quickly as possible taking into account the delivery method selected and, in any case, no later than 30 days from the order confirmation, except for preorders, which are governed by section 2.6. If supply is delayed by an event outside our control, we shall contact you as soon as possible with an update.

2.6 Pre-orders.

(a) Where the Wearable is offered for pre-order, the expected dispatch window is stated on the product page and in your order confirmation. By placing a pre-order you expressly agree to a delivery date later than the standard period stated in section 2.5.

(b) Payment for a pre-order is taken when you place the order, not on dispatch. If you cancel under (c), or if we are unable to supply the Wearable, we will refund you in full using the same means of payment.

(c) If the expected dispatch window changes, we will notify you, and you may cancel the pre-order for a full refund at any time before dispatch.

2.7 Cancellation, withdrawal and returns

(a) 30-day money-back guarantee. You may cancel your purchase without giving any reason within 30 days of the day on which you, or a person you indicate (other than the carrier), receive the Wearable. Cancellation covers both the Wearable and the Subscription Service, and your Subscription Service ends with immediate effect.

(b) How to cancel. Inform us by a clear statement to support@empatica.com.

(c) Refund. We will refund the price paid for the Wearable and the subscription fee for the first subscription period, including applicable taxes, by the same means of payment within 30 days of being informed of your decision. Shipping and handling charges are not refunded. We may withhold the refund until we receive the Wearable back or you have supplied evidence of having sent it back.

(d) Returning the Wearable. You must send the Wearable back, complete with its accessories, within 14 days of informing us. The direct cost of return is borne by you. You are liable for any diminished value resulting from handling beyond what is necessary to establish its nature, characteristics and functioning.

(e) Scope. This section applies only to purchases made directly from EMPATICA (sections 2.1 and 2.2). It does not affect your rights under the warranty in section 10.3.

2.8 Language of the contract. The contract may be concluded in English.

2.9 How the contract is concluded. You place an order by completing the steps shown at checkout (product and subscription selection, delivery and payment details, review of the order and of this Agreement, confirmation); you can identify and correct input errors at the review step before confirming. Your order is an offer; the contract is concluded when we send you the order confirmation. We store the concluded contract and send you a copy of this Agreement with the order confirmation; the current version is always available in the App and on our website.

3. Licence to use the App

3.1 To use the Wearable, you must (i) have the App downloaded on your phone; and (ii) have an active Subscription Service in place. Subject to this Agreement, EMPATICA hereby grants you a limited, non-transferable, non-sublicensable, non-exclusive and revocable license to install and use an object code copy of the App on one Device owned or leased solely by you, solely for your personal, non-commercial use and in accordance with the Instructions for Use ("Permitted Purposes").

3.2 You must have a Device that is compatible with the App, and are solely responsible for the installation, configuration and maintenance of the App and all related software, hardware and other devices. EMPATICA does not warrant that the App will be compatible with all mobile devices; the list of compatible devices and operating-system versions is published at https://www.empatica.com/compatibility and the App checks compatibility before setup. The App connects to EMPATICA's cloud services over the Internet, which may include connections via wireless and wired networks; standard carrier data charges may apply and you are solely responsible for such charges. The App transmits standard technical information about your Device and app software that is needed to provide the Subscription Service, as described in the Privacy Notice..

3.3 You shall use the App in accordance with and within the limitations of this Agreement and the Instructions for Use. You cannot transfer or grant to a third party your rights deriving from this Agreement without the prior written consent of EMPATICA. You agree to adopt any measure necessary to protect the App from any unauthorised use, reproduction, distribution or publication.

3.4 You shall not (1) copy, publish or otherwise reproduce the App; (2) alter, reverse engineer, decompile, disassemble, decode or try to unlock or bypass the initialization system and/or technical security measures used by the App, except as expressly permitted by applicable law and solely to the extent necessary to ensure interoperability with independently developed software; (3) modify, adapt, translate, rent, lend the App or create derivative works from it; and/or (4) remove or modify logos and trademarks of EMPATICA or of any other entity in the App.

4. Accounts

4.1 You do not need to register to download and install the App. However, to access and/or use the App and the Subscription Service, you must successfully register for an account with EMPATICA.

4.2 You access the App with your Wearable's serial number and your date of birth, and the App stays signed in on your Device; you access the User Portal with your e-mail address and password (together, your "credentials"). You are responsible for keeping your Wearable, your Device and your credentials secure and for all activities that occur under your account within your sphere of risk. You agree not to share, let anyone else access, or do anything else that might jeopardise the security of your credentials. You agree to notify EMPATICA if you become aware that your credentials are lost, stolen or disclosed to an unauthorised third party, if there is any unauthorised use of your credentials or account, or if you learn of any other breach of security in relation to EMPATICA or the App.

4.3 You agree to keep your Wearable secure and not to allow another person to use it. Access to the App and to the data collected by your Wearable may depend in part on possession of the Wearable. See also section 6.4 (single-patient use).

5. Intended use, monitoring and limitations

5.1 Intended purpose. The intended purpose of WellPD as cleared or certified in Australia is as follows: WellPD is intended to quantify kinematics of movement disorder symptoms in conditions such as Parkinson's disease, including tremor, bradykinesia and dyskinesia.

5.2 WellPD is not an alerting or emergency system. WellPD does not detect emergencies and does not alert anyone. It does not detect falls, freezing episodes or loss of consciousness. It does not call, message or notify any other person on your behalf. No emergency service, healthcare professional, family member or other third party will be contacted in response to anything the Wearable records. In an emergency, contact your local emergency services.

5.3 No one is monitoring your data. Data collected by your Wearable is presented to you in the App. It is not reviewed by EMPATICA, by any healthcare professional, or by any other person. No one will contact you if your data changes or appears unusual. Use of WellPD does not create a care relationship of any kind between you and EMPATICA.

5.4 Not medical advice. Neither the Wearable nor the App is intended to provide medical advice, diagnosis or treatment; they are intended to collect data and display that data to you. The App and Wearable are not a substitute for regular medical care. You must not start, stop, or change the dose or timing of any medication, or change your treatment plan or any other instruction given to you by a medical professional, on the basis of anything shown in the App, without the review and approval of the medical professional concerned. You will ensure that all appropriate diagnosis, treatment, attention and efforts are made by and for your benefit to maintain your health and wellness. You acknowledge that the App and Wearable are not an adequate substitute for medical treatment provided by medical professionals, nor are they capable of providing diagnosis, treatment or assistance in a time of need.

5.5 Limitations of the data.

(a) The measures shown in the App are produced by validated algorithms. They describe movement recorded by the Wearable. They are not a diagnosis, and they are not a measure of the progression of any condition.

(b) The completeness of the data depends on the Wearable being worn correctly and on the connectivity between the Wearable, your Device and our cloud services. Periods of non-wear, low or depleted battery, or loss of Bluetooth or internet connectivity will result in missing or incomplete data.

5.6 Medication Reminder.

(a) You are responsible for the accuracy of the medication schedule you enter. EMPATICA does not review, verify, validate or approve the medication, dose or timing you record, and does not check it against any prescription, any other medication, or any clinical guidance.

(b) The Medication Reminder does not dispense medication, does not confirm that medication has been taken, and does not detect a missed dose. Reminders may be delayed, may be suppressed by settings on your Device, or may not be delivered at all, for the reasons set out in section 5.8. You must not rely on the Medication Reminder as your only means of managing your medication.

5.7 Insights and AI-generated content. Some Insights are generated automatically using artificial intelligence, without human review; the App labels such Insights as AI-generated. They may be incomplete or inaccurate, or may not reflect your circumstances. They are derived only from data collected by your Wearable and information you enter in the App, and do not take into account your medical history, other conditions, other medications, or any other information known to your healthcare professional. Insights are not medical advice, a diagnosis, a prognosis, or a treatment recommendation, and must not be relied on as a reason to change anything about your treatment or medication (see section 5.4). Insights do not produce any decision with legal or similarly significant effects on you.

5.8 Reliability. While EMPATICA intends for the App's features to be highly reliable and available, EMPATICA does not guarantee reliability. The App may experience unexpected interruptions or fail to function correctly due to factors beyond EMPATICA's control, including loss of Bluetooth, low or depleted battery of the Wearable or the Device, lack of internet connectivity, lack of network coverage, power outages, equipment failure or breakdown, telecommunication service provider failures, force-majeure events, third-party software or hardware issues, and settings on your Device that suppress or delay notifications.

5.9 Adverse events. You agree to provide EMPATICA promptly with information on any adverse events experienced through your use of the App and/or Wearable so that EMPATICA can satisfy its post-market surveillance obligations. Submit to support@empatica.com, including a description of the incident, its date, the impact on you (if any) and any other pertinent information. Personal data submitted will be processed in accordance with our Privacy Notice.

6. Acceptable use and eligibility

6.1 You shall not use the Wearable or the App to: (i) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) damage, disable, overburden, or impair the App or the networks or servers that operate services related to the App; (iii) abuse, harass, stalk or otherwise violate the legal rights of a third party; (iv) share passwords or other access information or devices or otherwise authorise, allow or enable any third party to access or use the App; (v) gain or try to gain unauthorised access to any data, account or network by any means; or (vi) violate any applicable law.

6.2 Eligibility. By accepting this Agreement and registering on the App, you represent and warrant that you are at least 18 years of age and have the capacity to enter into this Agreement; the date of birth you enter at registration is used to verify your age. No prescription is required to purchase or use WellPD.

6.3 Resale and redistribution. Where the resale or redistribution of the Wearable is not prohibited by applicable law, if you engage in such resale or redistribution, you are aware of the circumstances in which you may become subject to the obligations and liabilities applicable to distributors of medical devices, including any registration or compliance requirements under relevant regulations. You acknowledge that if you purchased the Wearable from a third-party authorized reseller other than EMPATICA, that reseller will be solely responsible and liable for the sale under its own terms, including any applicable warranties — without prejudice to any responsibility or liability that remains with EMPATICA under applicable law.

6.4 Single-patient use. WellPD is a single-patient, multiple-use medical device intended strictly for personal use and is not transferable to other individuals. Any unauthorised resale can result in the loss of certain product functionalities, may lead to safety, hygiene and/or regulatory compliance issues, may give the acquirer access to data about you, and may prevent EMPATICA from providing appropriate support. To the maximum extent permitted by law, EMPATICA disclaims responsibility and liability for issues arising from products purchased through unauthorised resellers. Nothing in this clause limits any rights you have under applicable consumer law or limits or excludes any liability that cannot lawfully be limited or excluded.

6.5 You expressly agree to use the Wearable and the App strictly in compliance with this Agreement and the Instructions for Use.

7. Subscriptions, payment and cancellation

7.1 You agree to pay all applicable fees (inclusive of any applicable taxes) related to your use of the App and/or the services that EMPATICA provides via the App, based on EMPATICA's fees, charges and billing terms then in effect. Payments are processed by our payment service provider, identified in the Privacy Notice.

7.2 All fees are based on services purchased, regardless of actual usage. If you do not pay in accordance with the applicable payment terms, EMPATICA reserves the right to suspend your access to your account and/or terminate this Agreement. By providing a payment method, you expressly authorise us to charge the applicable fees to your payment method at regular intervals and other charges incurred in connection with your account. If you sign up for a paid subscription ("Paid Subscription"), we will charge you through your selected payment method for your first fee on the date that we process the order.

7.3 Renewal and cancellation

(a) Your Paid Subscription renews automatically at the end of each term, monthly or annual as selected at purchase, unless cancelled. We will send you an email reminder at least 7 days before each renewal.

(b) You may cancel at any time through the User Portal or by contacting customer support at support@empatica.com. To avoid the next renewal, you must cancel no later than the day before the renewal date. Cancellation stops the next renewal, and the Subscription Service remains active until the end of the period already paid.

(c) Except as set out in section 2.7, or where required by law, fees already paid are not refundable. This includes renewal charges, and no pro-rata refunds are given for partial periods.

7.4 Non-payment and grace period. If a payment fails, we will attempt to notify you and you will have a grace period of 14 days in which to resolve it. During the grace period WellPD continues to function. If payment is not resolved by the end of the grace period, your access to the App will end and you will be signed out.

7.5 Effect of the Subscription Service ending. When your Subscription Service ends, for any reason:

(a) the App will no longer display data and you will no longer be able to sign in;

(b) the Wearable will no longer transmit data to the App. You retain ownership of the Wearable (section 2.4), but it has no function without an active Subscription Service;

(c) you may export your data from the App or the User Portal before your access ends, and you may reactivate your Subscription Service at any time; your account and the data in it are retained for the period stated in the Privacy Notice (the duration of the contract and 10 years thereafter, unless you ask us to delete them earlier and no legal obligation requires us to keep them).

7.6 Termination. Cancellation of your subscription terminates this Agreement. This Agreement may also be terminated by EMPATICA in case of a breach by you of sections 3.3, 3.4, 4.2, 6.1, 6.3, 6.4, 6.5, 9, 13 or 15.2, or if a failed payment is not remedied within the grace period in section 7.4. On termination, you shall delete the App and any copy thereof. EMPATICA reserves any other remedy provided by applicable law.

8. Updates, new versions and modifications

8.1 EMPATICA will keep you informed about available updates, including security updates, necessary to maintain the conformity of WellPD, within the timeframes specified by EMPATICA or as otherwise required by law.

8.2 EMPATICA shall not be obliged to support obsolete versions of the App or to provide versions for any particular mobile device or operating system. The App may be updated or upgraded and may not work on older mobile devices or operating systems. EMPATICA reserves the right to modify the App and its content, but only for justified reasons, including: (i) compliance with legal or regulatory requirements; (ii) security enhancements or bug fixes; (iii) technical improvements to maintain functionality, performance or compatibility; (iv) adjustments due to changes in third-party services, software or hardware dependencies; or (v) measures to prevent misuse or fraudulent activities. Where possible, EMPATICA will provide reasonable notice.

8.3 EMPATICA may modify or update the terms of this Agreement from time to time for justified reasons, including legal compliance, security improvements, or changes in the App or services, and may change the price of the Subscription Service for future terms. We will provide prior notice by email or another durable medium at least 30 calendar days before any substantial change takes effect. The notice will set out the envisaged changes, including the text of each changed clause and any change to the price of the Subscription Service for future terms. It will also state the date on which the change takes effect, your right to terminate the Agreement free of charge before that date, and the applicable notice period. Continued use after the notice period constitutes acceptance.

8.4 Where required by law, we will obtain your consent for modifications to become effective.

9. Intellectual property

9.1 The App contains proprietary and confidential information protected by applicable intellectual property laws. You acknowledge that all rights associated with the App and/or Wearable, including any database rights, trademarks and other intellectual property rights of any kind, together with the underlying software code, are exclusively owned by EMPATICA and/or related parties.

9.2 Unless otherwise expressly stated, this Agreement does not grant you any intellectual property rights in the App, and all rights not expressly granted are reserved by EMPATICA and its licensors. EMPATICA, the EMPATICA logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are trademarks or registered trademarks of EMPATICA and/or its licensors, and may not be used, in whole or in part, without prior written permission.

10. Warranty, disclaimers and liability

10.1 You acknowledge that EMPATICA is not a medical professional, does not employ medical professionals for the provision of medical services, and does not offer any medical services or advice, nor do we verify the accuracy of User data. The App is not a replacement for ongoing medical care provided by medical professionals. You are solely responsible for consulting with medical professionals regarding any questions arising from your use of the App.

10.2 Neither EMPATICA nor its licensors or suppliers represent or warrant that the App or EMPATICA's servers are free of viruses or other harmful components.

10.3 Limited warranty.

(a) Warranty period. EMPATICA warrants that the Wearable and the accessories supplied with it (such as the charger and strap) will be free from defects in materials and workmanship under normal use for 2 (two) years from the date of delivery (the "Warranty Period").

(b) How to make a claim. If, during the Warranty Period, the Wearable stops working or some of its features do not function effectively, email support@empatica.com with a detailed description of the problem and, where possible, pictures. If preferred, you may also call us at +1 (866) 739-2049. We will first troubleshoot the issue with you.

(c) Remedy. If troubleshooting shows that the Wearable or an accessory needs to be replaced, we will replace it free of charge. A replacement is covered for the remainder of the original Warranty Period.

(d) What is not covered. This warranty does not cover: (i) damage caused by accident, including misuse, fire, liquid contact or any other accidental damage; (ii) damage caused by servicing or attempting to service the Wearable, including opening or disassembling it; (iii) normal wear and tear, or the normal ageing of the Wearable and its accessories; (iv) a Wearable purchased from an unauthorized seller (section 2.2); and (v) the App and the Subscription Service, which are not covered by this warranty (see sections 5.8 and 10.2). In these cases EMPATICA may decline to provide support under this warranty or to replace the Wearable.

(e) Other warranties. Except for the warranty in this section 10.3, EMPATICA gives no other express warranty in relation to WellPD. This warranty is in addition to, and does not limit, any rights you have under applicable law.

(f) Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. We bear the reasonable cost of returning the Wearable for a warranty claim.

10.4 Limitation of liability. Subject to section 10.5, and to the extent permitted by applicable law: (a) EMPATICA is not liable for any indirect, incidental, special or consequential loss or damage, or for any loss of profits, revenue, business or goodwill, however arising, whether in contract, tort (including negligence) or otherwise; (b) EMPATICA is not liable for loss or damage caused by circumstances beyond its reasonable control, including those listed in section 5.8, by your failure to follow the Instructions for Use, by your use of the Wearable or the App contrary to this Agreement, or by services provided by third parties; (c) EMPATICA is liable for loss of your data only where the loss is caused by its breach of this Agreement or of applicable data protection law; and (d) EMPATICA's aggregate liability arising out of or in connection with this Agreement and WellPD is limited to the amounts you paid for WellPD in the 12 months before the event giving rise to the claim.

10.5 Liability that cannot be excluded. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited under the law applicable to you, including liability for death or personal injury caused by negligence and for fraud.

11. Additional mobile application terms

11.1 Apple.

(a) This Agreement is between you and EMPATICA only, not with Apple, Inc. ("Apple").

(b) EMPATICA, not Apple, is solely responsible for the iOS App and its services and content. Apple has no obligation to provide maintenance or support. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the iOS App.

(c) EMPATICA, not Apple, is responsible for addressing any claims relating to the iOS App, including product liability claims, claims that it fails to conform to legal or regulatory requirements, and claims under consumer protection legislation.

(d) EMPATICA, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App.

(e) You agree to comply with all applicable third-party terms when using the iOS App.

(f) Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement as it relates to your licence to use the iOS App, and may enforce it against you as such.

11.2 Google.

(a) This Agreement is between you and EMPATICA only, not with Google LLC ("Google").

(b) Your use of an Android App must comply with Google's then-current Google Play Terms of Service.

(c) EMPATICA, not Google, is solely responsible for the Android App and its support and maintenance. Google has no obligation or liability to you.

(d) Google is a third-party beneficiary to this Agreement as it relates to the Android App.

12. Submissions

12.1 The App may permit you to submit feedback, comments, suggestions, ideas (each, a "User Submission"). You are solely responsible for all your User Submissions, and any such User Submission is considered both non-confidential and non-proprietary. EMPATICA does not guarantee that you will be able to edit or delete any User Submission. For the avoidance of doubt, Data recorded by the Wearable and information you enter in the App (for example your medication schedule) are not User Submissions; we use them only as described in the Privacy Notice.

12.2 By submitting any User Submission, you warrant and represent that: you own all rights in it or have acquired all necessary rights to grant EMPATICA the rights described in this Agreement; you have paid and will pay all licence fees, clearance fees and other financial obligations arising from any use or commercial exploitation of it; it does not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; any information in it is not known by you to be false, inaccurate or misleading; it does not violate any law; it is not, and may not reasonably be considered to be, defamatory, libellous, hateful, biased or offensive, unlawfully threatening or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy; you were not compensated by any third party for submitting it; it does not incorporate materials from a third-party website, or addresses, email addresses, contact information, phone numbers or other personal data other than your own; where it contains your personal data, you have kept this to the minimum necessary and have reviewed our Privacy Notice; it does not contain viruses, worms, spyware, adware or other potentially damaging programs or files; it does not contain information you consider confidential, private or proprietary; and it does not contain or constitute unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

12.3 By submitting a User Submission, subject to confidentiality measures and applicable data protection laws, you grant EMPATICA an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free licence (sublicensable through multiple tiers) to: (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modification), in whole or in part, in any format or medium now known or later developed; and (b) use (and permit others to use) your User Submission in any manner and for any purpose, including commercial purposes, that EMPATICA deems appropriate.

12.4 EMPATICA may, but is not obligated to, pre-screen User Submissions or monitor any area of the App through which they may be submitted. We are not required to host, display or distribute any User Submission and may remove or refuse any at any time for any reason. We are not responsible for any loss, theft or damage to any User Submission. Where a User Submission contains personal data (including health information), EMPATICA processes it only as described in the Privacy Notice and does not disclose it to third parties except as the Privacy Notice describes; other User Submissions may be disclosed freely.

13. Unauthorised activities

13.1 You must only use the App and/or the Wearable for the Permitted Purposes. Any other use is prohibited and constitutes unauthorised use, which could constitute violations of applicable laws.

13.2 Unless you have written permission from EMPATICA stating otherwise, you are not authorised to use the App and/or Wearable in any of the following ways (a non-exhaustive list of examples): for any public or commercial purpose, including use of the App on another system provided or allowed by EMPATICA; in any manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the App; in any manner that violates any applicable law; to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation; to interfere with or disrupt the App or connected servers or networks; to use any data mining, robots, or similar data gathering or extraction methods;

and/or to attempt to gain unauthorised access to any portion of the App or any other accounts, computer systems, or networks connected to it, whether through hacking, password mining, or any other means.

14. Disputes, severability and survival

14.1 First step for any dispute. For any dispute, you must first give EMPATICA an opportunity to resolve it by emailing legal@empatica.com with (1) your name, (2) your address, (3) a written description of your claim, and (4) the specific relief you seek. If EMPATICA does not resolve the dispute within 45 days, the procedure set out in section 14.2 applies.

14.2 Governing law, forum and dispute procedure. (a) If EMPATICA does not resolve the dispute within 45 days, either party may bring proceedings before the courts of Milan, Italy, or you may bring proceedings before the courts of the State or Territory in which you reside. (b) This Agreement is governed by Italian law. Nothing in this section 14.2 deprives you of the protection of mandatory provisions of the law of your country of residence.

14.3 Severability. If any clause (or part of any clause) of this Agreement is or becomes illegal, invalid or unenforceable in any respect: (a) it shall not impair the legality, validity or enforceability of any other provision; and (b) that clause (or part of it) will be deemed deleted.

14.4 Survival. Termination or expiry of this Agreement shall not prejudice any obligations, rights or remedies of either party which have accrued before termination or expiry, and shall not affect any provision intended, expressly or by implication, to come into effect on or continue after such termination or expiry.

15. Miscellaneous

15.1 You acknowledge that EMPATICA will send electronic communications as an integral part of its provision of the App, including via email, text message, calls, and push notifications to the Device. These are part of your relationship with EMPATICA — see our Privacy Notice for how we process your personal data. Marketing communications are sent only with your consent, as described in the Privacy Notice, and you may withdraw it at any time. You agree that any notices, agreements, disclosures or other communications sent via email will satisfy any legal communication requirements, including that such communications be in writing.

15.2 You shall not export or re-export the App except as authorised by applicable export control laws. By using the App, you represent and warrant that (a) you are not located in a country subject to sanctions or restrictive measures imposed by the U.S. government, the European Union or the United Kingdom, or designated by any of them as a "terrorist supporting" country; and (b) you are not on any U.S., EU or UK list of prohibited or restricted parties.

15.3 Privacy. EMPATICA processes personal data, including health data collected by the Wearable, as described in the Privacy Notice. Where the Privacy Notice states that a processing activity is based on your consent, that consent is requested separately in the App and is not given by accepting this Agreement.

15.5 Assignment. EMPATICA may assign or transfer this Agreement, in whole or in part, to another company of the Empatica group or to a successor of its business, provided that this does not reduce your rights; we will notify you of any such transfer. You may not assign this Agreement without our written consent.

15.6 Notices. Notices to you are sent to the e-mail address on your account; notices to EMPATICA are sent to legal@empatica.com or to the postal address of EMPATICA: Empatica S.r.l., Via Stendhal 36, 20144 Milano (MI), Italy.

15.7 Last update. This Agreement was last updated October 16, 2026.