NEMEO Terms of Use and Subscription Terms

These Terms of Use and Subscription Terms (the "Terms") are a contract between you and Nemeo, located at Chemin de pierrefleur 88, 1004 Lausanne, Switzerland ("NEMEO", "we", "us" or "our"). They govern your use of the NEMEO mobile application, its related server services, and the content and features they provide (together, the "Service"), as well as paid subscriptions to the Service.

By creating an account, starting a free trial, purchasing a subscription or using the Service, you confirm that you have read and accept these Terms. If you do not accept them, do not use the Service.

Our Privacy Policy explains how we process personal data; it is not part of these Terms. The Apple or Google terms that apply to your purchase also apply, as described in sections 17 and 18.

• Age: the Service is only for people who are at least 18 years old and able to enter into a binding contract.
• Account: you can sign in with a code sent by email or with Apple or Google. You must provide accurate information and keep it up to date.
• Personal use: your account is personal. You must not share, sell or transfer it.
• Security: you are responsible for the security of your device, your email account and your Apple or Google account, and for activity carried out with your account. Tell us promptly at info@nemeo.ai if you suspect unauthorized access.

NEMEO is a fitness and wellness product. It is not a medical device, a healthcare service, or a substitute for advice from a doctor, physiotherapist, dietitian or other qualified professional. Programs, recommendations, exercise grades, body estimates, body scan results, goal-date estimates and coach responses are provided for information only and may be inaccurate.

• Consult a healthcare professional before starting or changing a training program, especially if you are pregnant or have an injury, illness, cardiovascular condition, pain or any other health concern.
• Stop exercising immediately and seek professional advice if you experience pain, dizziness, unusual shortness of breath or feel unwell. In an emergency, contact emergency services.
• Choose appropriate loads, use correct technique, check your equipment and surroundings, and use a spotter when needed.
• You remain solely responsible for deciding whether to perform an exercise. You take part in physical activity at your own risk, subject to section 21.

The Service may include program planning and generation, guided workouts, performance and progress tracking, body tracking, optional body scans, an exercise library, a conversational coach and other features. Some features are available to subscribers only.

Some features use artificial intelligence. AI-generated content is produced automatically, may be wrong, incomplete or unsuitable for your situation, and is not individually reviewed by a professional. Use your own judgment before acting on it.

We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, security reasons or causes beyond our control. An internet connection is required for most features and to periodically verify your subscription status.

Access to paid features of the Service requires an active subscription or another access right that we grant you. We currently offer a monthly and an annual subscription, purchased in the app through Apple's App Store (iPhone and iPad) or Google Play (Android). Subscriptions are auto-renewable subscriptions.

Before purchase, the store shows the subscription name, its length, its price in your local currency and, where applicable, the terms of any free trial or offer. Prices shown by the store include applicable taxes as determined by the store and may vary by country or region.

Your subscription is linked to the NEMEO account signed in at the time of purchase. You can access paid features on iOS and Android devices signed in to that same account, but billing, renewal and cancellation are managed exclusively by the store where you purchased the subscription. If you subscribe in both stores, each subscription is billed separately and cancelling one does not cancel the other.

Unless the app's store listing states otherwise, the subscription is for your personal use and is not shared with other members of a family group.

We may offer a free trial to eligible new subscribers, currently lasting 14 days. Eligibility is determined by the store (generally one trial per store account and subscription group) and the applicable length is shown before you confirm.

Unless you cancel before the trial ends, the trial automatically converts into a paid subscription and the price of the selected subscription is charged when the trial period ends. On the App Store, cancel at least 24 hours before the trial ends to avoid being charged. On Google Play, you can cancel at any time before the trial ends.

On the App Store, any unused portion of a free trial period is forfeited if you purchase a subscription before the trial ends, where the store applies this rule.

We may also offer promotional prices, offer codes, affiliate codes or complimentary access. These benefits are subject to the conditions shown at the time of the offer, have no cash value, are not transferable, and may be limited or withdrawn for the future, in particular in case of abuse. Complimentary access that we grant may end on the date stated or, if no date is stated, on reasonable notice.

• Payment: payment is charged to your Apple Account or Google Play account at confirmation of purchase or, if you started a free trial, when the trial ends. NEMEO does not receive or store your payment card details.
• Automatic renewal: your subscription automatically renews for the same length (one month or one year) at the then-current price unless auto-renew is turned off at least 24 hours before the end of the current period.
• Renewal charge: your account is charged for renewal within 24 hours before the end of the current period.
• Payment method: the store manages your payment method, failed payments, receipts and taxes. The store's payment terms apply.

You can manage your subscription and turn off automatic renewal at any time in your store account settings:

• iPhone or iPad: Settings > [your name] > Subscriptions > NEMEO, or from the App Store.
• Android: Google Play app > profile icon > Payments & subscriptions > Subscriptions > NEMEO.
• You can also use the "Manage subscription" option in the app's profile, which redirects you to the store.

Cancellation takes effect at the end of the current billing period. You keep access to paid features until then. Unless mandatory law or the store provides otherwise, no prorated refund is given for the current period.

Deleting the app or your NEMEO account does not cancel your subscription or stop billing. Cancel your subscription in the store before deleting your account.

Because in-app purchases are processed by Apple or Google, refund requests must be made to the relevant store, which decides them under its own rules:

• App Store: reportaproblem.apple.com.
• Google Play: under the Google Play refund policy. If more than 48 hours have passed since purchase, you may also contact us: we will review your request in accordance with applicable law and Google Play's rules, and any refund we grant will be processed through Google Play.

NEMEO cannot directly refund a purchase made on the App Store.

Consumers in the European Union, the European Economic Area and the United Kingdom: you may have a statutory 14-day right of withdrawal for distance contracts for digital content or digital services. You exercise this right through the procedure of the store where you made the purchase. Where the law provides, this right may be lost, or you may have to pay a proportionate amount, if you expressly requested that performance begin during the withdrawal period. Nothing in these Terms limits any right you have under applicable law.

• Restore purchases: if you reinstall the app or change device, use "Restore purchases" while signed in to the store account used for the purchase. If you restore a purchase while signed in to a different NEMEO account, access may be transferred to that account.
• Pending payment: if the store reports that a payment is pending, access unlocks only after it is confirmed.
• Failed payment: if a renewal fails, the store may retry the charge and provide a grace period during which access may continue. If payment is not resolved, access to paid features ends.
• Verification: we verify your subscription status with the store and our subscription management provider. If verification is temporarily unavailable, access may be briefly interrupted; do not purchase again, and use the option to check again or contact us.
• Refund or revocation: if a purchase is refunded, cancelled or revoked by the store, the corresponding access ends.

We may change subscription prices or the offers available. A price change for an existing subscription applies only from a later renewal period, after advance notice from the store and, where the store or the law requires, with your consent. If you do not accept a new price, you can cancel the subscription before it takes effect.

Switching between plans (for example, from monthly to annual) is handled by the store under its rules, which determine the effective date and any adjustments.

Subject to your compliance with these Terms and, where applicable, payment for your subscription, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and use the app on devices that you own or control, for personal and non-commercial purposes, in accordance with the usage rules of the relevant store.

The Service is licensed, not sold, to you. We and our licensors keep all rights not expressly granted to you.

You keep your rights in the content you provide to the Service, such as your training data, notes, messages, photos, files and imported programs ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt and display Your Content only as necessary to operate, provide, secure and improve the Service, including through our service providers. This licence ends when Your Content is deleted from our systems, subject to the Privacy Policy.

If you share a program or other content with other users, you allow them to view and use it within the Service.

You confirm that you have the necessary rights to Your Content and that it does not infringe the rights of others or the law. Do not upload photos of other people, intimate images of others or health information about other people.

You agree not to:

• use the Service in an unlawful or fraudulent way, or in a way that harms others;
• circumvent, disable or interfere with security, subscription verification, rate-limiting or access-control mechanisms;
• copy, decompile, disassemble, reverse engineer or create derivative works of the app, except to the extent expressly permitted by law;
• extract, scrape or reuse Service content in bulk by automated means, including the exercise library, grades, explanations and animations;
• resell, rent, sublicense or commercially exploit the Service or access to a subscription;
• create multiple accounts or use false information to obtain free trials or offers abusively;
• upload viruses, malicious code, or content that is unlawful, offensive or infringes the rights of others;
• use AI features to produce unlawful content or to try to extract instructions from our systems or providers.

The Service, including the app, its code, interface, trademarks, logos, names, mascots, text, programs, exercise library, grades and explanations, animations and other content provided by NEMEO, is protected by intellectual property rights and belongs to NEMEO or its licensors. Nothing in these Terms transfers any right in these items to you, other than the licence in section 12.

If you send us suggestions or feedback, we may use them freely without any obligation to you.

The Service relies on or gives access to third-party services, including Apple, Google, the app store, your email app or your device's share sheet. Your use of those services is governed by their providers' terms and policies. We are not responsible for third-party services that we do not control.

If you downloaded the app from Apple's App Store, the following provisions also apply and prevail in case of conflict:

• Parties: these Terms are concluded between you and NEMEO only, and not with Apple Inc. ("Apple"). NEMEO, not Apple, is solely responsible for the app and its content.
• Scope of licence: the licence is limited to using the app on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with the purchaser via Family Sharing or volume purchasing.
• Maintenance and support: NEMEO is solely responsible for providing maintenance and support for the app, as specified in these Terms or as required by applicable law. Apple has no obligation to furnish any maintenance or support services.
• Warranty: NEMEO is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are NEMEO's sole responsibility, within the limits of these Terms.
• Product claims: NEMEO, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property: if a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, NEMEO, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
• Legal compliance: you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact details: any questions, complaints or claims about the app should be directed to Nemeo, Chemin de pierrefleur 88, 1004 Lausanne, Switzerland, info@nemeo.ai.
• Third-party terms: you must comply with applicable third-party terms when using the app, such as those of your mobile data provider.
• Third-party beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you downloaded the app from Google Play, you acknowledge that these Terms are concluded between you and NEMEO only, and not with Google LLC or its affiliates ("Google"). Your use of Google Play, purchases and payment processing are also subject to the Google Play Terms of Service and Google Play's payment and refund rules. Google is not responsible for the app or its content. If these Terms conflict with the Google Play Terms of Service regarding your relationship with Google, the Google Play Terms of Service prevail.

You can stop using the Service at any time and delete your account from the app's profile screen. Remember to cancel your subscription in the store first (see section 8).

We may suspend or terminate your access to the Service, with immediate effect if necessary, if you seriously or repeatedly breach these Terms, use the Service fraudulently or unlawfully, if your use creates a risk to the security of the Service or other users, or if the law requires us to. Where reasonable, we will tell you and give you an opportunity to remedy the situation. We may also stop offering the Service on reasonable notice; in that case, we will ensure subscriptions no longer renew, and you may request a refund of any unused prepaid period through the store's procedures where the law or the store provides for it.

If we terminate because of your breach, no refund is due unless applicable law requires it. Sections that by their nature should survive termination (in particular sections 13, 15, 20, 21, 22, 24 and 25) continue to apply. What happens to your data after account deletion is described in the Privacy Policy.

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available". NEMEO does not guarantee that the Service will meet your expectations, that any training, performance or body-composition results will be achieved, or that content, including AI-generated content and body estimates, will be accurate, complete or suitable for your situation.

If you are a consumer, you benefit from the mandatory statutory guarantees provided by applicable law, including those regarding the conformity of digital content and services. Nothing in these Terms limits or excludes them.

To the maximum extent permitted by applicable law:

• NEMEO is not liable for indirect or consequential damages, lost profits, loss of data not attributable to NEMEO, or loss of opportunity;
• NEMEO is not liable for damages resulting from use of the Service contrary to these Terms or the notices in section 3, from improper performance of an exercise, or from events beyond its control;
• NEMEO's total liability relating to the Service is limited to the greater of the amount you paid for your subscription in the twelve (12) months before the event giving rise to the claim, or 100 Swiss francs (CHF 100).

These limitations do not apply to intentional misconduct or gross negligence, to injury to life, body or health where the law does not allow liability to be limited, or to any other liability that cannot be limited or excluded under applicable law, including the mandatory consumer protection rules of your country of residence.

To the extent permitted by applicable law, you agree to indemnify NEMEO, its officers, employees and service providers against third-party claims, and the resulting damages and reasonable costs, including legal fees, arising from Your Content or from your culpable breach of these Terms or the law.

We may develop the Service, including adding, changing or removing features, for technical, security, legal or product-improvement reasons. If a change significantly reduces the main features of your current subscription, we will inform you and you may cancel the subscription; where the law provides, you may obtain a proportionate refund through the store.

We may change these Terms, in particular to reflect changes to the Service, the law or store rules. We will publish the updated version with a new "Last updated" date. For material changes, we will notify you by reasonable means, such as in the app or by email, before they take effect. If you do not accept the updated Terms, you can cancel your subscription and stop using the Service; continuing to use the Service after the changes take effect constitutes acceptance to the extent permitted by law. Price changes are governed by section 11.

These Terms are governed by Swiss law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.

Before starting proceedings, please contact us at info@nemeo.ai: we will seek an amicable solution in good faith. Where applicable law gives you access to a consumer mediator or another out-of-court dispute resolution procedure, you may use it.

Subject to mandatory jurisdiction rules, the courts of Lausanne, Switzerland, have jurisdiction. If you are a consumer, you also benefit from the protection of the mandatory provisions of the law of your country of habitual residence, and you may bring proceedings before the courts of your place of residence where applicable law provides for it.

• Entire agreement: these Terms, together with any conditions shown at the time of an offer, are the entire agreement between you and NEMEO regarding the Service.
• Severability: if any provision is found invalid or unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect.
• No waiver: failing to exercise a right is not a waiver of that right.
• Assignment: you may not assign your rights or obligations without our consent. We may assign these Terms in connection with a merger, acquisition or sale of assets, provided your rights are not reduced.
• Force majeure: NEMEO is not responsible for a failure caused by an event reasonably beyond its control.
• Languages: these Terms are available in several languages. In case of discrepancy, the French version prevails to the extent permitted by applicable law.

For any question about these Terms or your subscription, contact:

For billing, renewal or refund questions, you may also contact Apple or Google, which process payments.