Terms of Service (Allgemeine Geschäftsbedingungen)

Effective Date: 3 March 2026 Version: 2.0 Language: English (German translation available upon request)

1. Scope and Applicability

1.1 Agreement

These Terms of Service (“Terms”) govern your access to and use of the Kommit mobile application and all related services (collectively, the “Service”) provided by Kommit GmbH, [Registered Address, City, Postcode, Germany] (“Kommit”, “we”, “us”, “our”).

1.2 Acceptance

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

1.3 B2B Users

If your employer provides you with access to Kommit as part of a corporate wellness programme, these Terms apply to you as an individual user. Your employer’s use of the Service is governed by a separate Business Service Agreement between your employer and Kommit. In case of conflict, the Business Service Agreement takes precedence for matters between Kommit and your employer; these Terms take precedence for matters between Kommit and you as a user.

1.4 Changes to Terms

We may amend these Terms from time to time. Material changes will be communicated at least 30 days in advance via in-app notification and/or email. If you continue to use the Service after the effective date of the revised Terms, you accept the changes. If you disagree, you may terminate your account per Section 10. German mandatory consumer protection rights (§§ 305 ff. BGB) are unaffected.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 16 years of age to use the Service. By registering, you represent that you meet this requirement.

2.2 Account Creation

To access the Service, you must create an account using a valid email address. We use passwordless authentication (magic link). You are responsible for maintaining the security of your email account and for all activities that occur under your Kommit account.

2.3 Accuracy of Information

You agree to provide accurate, current, and complete information during registration and to keep your profile information up to date. Providing false information may result in account suspension.

2.4 One Account Per Person

Each individual may maintain only one Kommit account. Creating multiple accounts to manipulate challenges, Koins, or leaderboards is prohibited and grounds for termination.

3. Description of Service

3.1 Core Features

Kommit is a fitness and wellness tracking platform that enables you to:

• Track physical activities manually or via connected health apps (Apple Health, Google Fit)
• View daily health summaries (steps, distance, calories, exercise time)
• Participate in challenges and events with other users
• Earn and use virtual currency (“Koins”) for completing activities
• Access corporate wellness features (if enrolled through an employer)

3.2 Health Disclaimer

THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The Service is intended for general fitness and wellness information purposes only. Activity metrics, calorie estimates, and health summaries are approximations and may not be accurate. You should:

• Consult a qualified healthcare professional before starting any exercise programme
• Not rely on the Service for medical decisions
• Stop exercising and seek medical attention if you experience pain, dizziness, or other symptoms
• Understand that the integration with Apple Health or Google Fit transfers data provided by those platforms, which Kommit does not independently verify

3.3 No Guarantee of Results

We do not guarantee any specific health, fitness, or wellness outcomes from using the Service. Results depend on individual effort, health conditions, and other factors beyond our control.

4. Koins — Virtual Currency

4.1 Nature of Koins

Koins are a virtual, non-monetary reward unit within the Service. Koins:

• Have no monetary value and cannot be exchanged for cash, cryptocurrency, or any real-world currency
• Are non-transferable between users
• Are earned by completing activities, challenges, and other qualifying actions as determined by Kommit
• May be used for features, rewards, or benefits as made available by Kommit or your employer within the Service

4.2 No Property Right

You do not own Koins. Koins represent a limited licence to use a digital feature within the Service. We reserve the right to modify, cap, expire, or reset Koins balances, earning rates, and redemption options at our discretion, with reasonable prior notice.

4.3 Anti-Fraud

Koins earned through manipulation, fraud, exploitation of bugs, or violation of these Terms may be revoked without notice. Repeated violations may result in account termination.

5. User Conduct and Prohibited Activities

5.1 Acceptable Use

You agree to use the Service in good faith, honestly, and in compliance with applicable laws.

5.2 Prohibited Conduct

You must not:

• Submit false or fabricated activity data
• Use automated tools, bots, or scripts to interact with the Service
• Manipulate challenges, leaderboards, or Koins through any dishonest means
• Attempt to access other users’ accounts or data
• Interfere with or disrupt the Service’s infrastructure
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Use the Service for any illegal, harmful, or discriminatory purpose
• Circumvent security measures, rate limits, or access controls
• Upload malicious content, viruses, or harmful code
• Impersonate another person or misrepresent your identity
• Scrape, harvest, or collect user data

5.3 Enforcement

We may investigate suspected violations and take appropriate action, including warning, temporary suspension, or permanent termination of your account. We will act proportionately and, where reasonable, provide notice and an opportunity to remedy the violation before taking permanent action.

6. Intellectual Property

6.1 Kommit’s Rights

The Service, including its design, code, graphics, trademarks, logos, and content, is the intellectual property of Kommit GmbH or its licensors and is protected by copyright, trademark, and other intellectual property laws. All rights are reserved.

6.2 Limited Licence

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose, subject to these Terms.

6.3 Your Content

You retain ownership of content you submit (e.g., profile information, activity names). By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, display, and process that content solely for the purpose of providing and improving the Service.

6.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation. You are under no obligation to provide feedback.

7. Third-Party Services

7.1 Health App Integration

The Service may integrate with third-party health platforms (Apple Health, Google Fit). These integrations are subject to the respective third party’s terms and privacy policies. We are not responsible for the accuracy, availability, or security of third-party services.

7.2 No Endorsement

Integration with or reference to third-party services does not constitute an endorsement by Kommit.

8. Limitation of Liability

8.1 Liability Under German Law

Our liability is governed by German law and is limited as follows:

(a) Unlimited Liability. We are liable without limitation for:

• Damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit)
• Injury to life, body, or health (Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit)
• Liability under the German Product Liability Act (Produkthaftungsgesetz)
• Liability for fraudulent concealment of defects or assumption of a guarantee

(b) Limited Liability for Breach of Cardinal Obligations. For breaches of obligations essential to the performance of the contract (wesentliche Vertragspflichten / Kardinalpflichten) caused by simple negligence, our liability is limited to the typically foreseeable damage at the time the contract was formed.

(c) Exclusion. Except as set out in (a) and (b) above, liability for simple negligence (einfache Fahrlässigkeit) is excluded.

8.2 Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, pandemics, governmental actions, power or telecommunications failures, or third-party service outages.

8.3 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform maintenance with reasonable advance notice where possible.

9. Warranty Disclaimer

9.1 German Consumer Rights

If you are a consumer (Verbraucher) as defined by § 13 BGB, your statutory warranty rights (gesetzliche Gewährleistungsrechte) remain unaffected. These Terms do not limit any rights that cannot be limited under applicable German or EU consumer protection law.

9.2 As-Is for Non-Consumer Use

To the extent permitted by law for commercial/business use, the Service is provided “as is” and “as available” without warranties of any kind beyond those mandated by statute.

10. Term and Termination

10.1 Term

These Terms remain in effect for as long as you maintain a Kommit account.

10.2 Your Right to Terminate

You may terminate your account at any time by using the “Deactivate Account” feature in Settings, or by emailing support@kommit.app. Upon termination, your data will be handled in accordance with our Privacy Policy.

10.3 Our Right to Terminate

We may suspend or terminate your account if:

• You materially breach these Terms (with prior warning and opportunity to remedy, where reasonable)
• Your account has been inactive for more than 24 months
• We are required to do so by law
• We discontinue the Service (with at least 60 days’ prior notice)

10.4 Effects of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Your Koins balance expires and cannot be recovered
• Your data will be deleted per our Privacy Policy retention schedule
• Provisions of these Terms that by their nature should survive (Sections 6, 8, 9, 11, 12) will survive termination

11. Data Protection

Your privacy is fundamental to Kommit. The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Key points:

• We comply with GDPR, BDSG, and applicable German data protection laws
• Health data is only processed with your explicit consent
• You can manage your data consents at any time in Settings → Data Consents
• Your employer (B2B) never sees your individual health data
• You can request deletion of your data at any time

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, you additionally benefit from any mandatory provisions of the law of your country of habitual residence.

12.2 Jurisdiction

For consumers: You may bring claims in the courts of your place of domicile or in the courts competent for our registered office. We may bring claims against you only in the courts of your place of domicile. For businesses: The exclusive place of jurisdiction is the courts competent for our registered office.

12.3 Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board, unless required by law.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that achieves the economic purpose of the invalid provision as closely as possible (§ 306 BGB).

14. Contact

Kommit GmbH Email: support@kommit.app Postal: Kommit GmbH, [Registered Address, City, Postcode, Germany] Managing Director(s): [Name(s)] Commercial Register: [Amtsgericht / HRB Number]

These Terms are provided in English. A German translation (Allgemeine Geschäftsbedingungen) is available upon request at support@kommit.app. In case of discrepancies, the German version shall prevail for users in Germany.