The General Terms & Conditions of Use (the "GCU") set out herein are entered into between, firstly, the French simplified joint-stock company (SAS) Circular, which has a share capital of €26,619.47 and which is registered in the Paris B Register of Trade & Companies under the number 850 542 804, the registered office of which is located at 78 av des Champs Elysées, bureau 326, 75008 Paris, France, and which is represented by the Chair thereof, Mr Amaury KOSMAN (hereinafter “Circular”), and secondly, any and all physical and moral person who has full contact capacity (hereinafter the “Customer”, “User” and “you”).

All words starting with a capital letter have the same meaning in the entire GCU.

1 - OBJECT

Welcome to Circular! Circular's main activities are the design, editing, development and marketing of applications, software and connected objects.

These General Terms & Conditions of Use (the “GCU”), apply to your use of the Circular Products & Services (referred to hereafter as the “Products & Services”) consisting of a smart ring or other electronic device to be used with the Circular mobile application, and access to the Websites www.circular.xyz, and to all other related websites (referred to hereafter as the “Websites”).

We may, at any time, update the Products & Services and the Websites and add or remove functionalities, the GCU in effect at the time of the order shall be applied. The new GCU shall come into force immediately after being published for all new orders.

2 - PUBLISHER

The website www.circular.xyz (referred to hereafter as the “Website”) is published by Circular. The publication manager is Mr Amaury KOSMAN. The Website is hosted by Webflow.

For all information or questions, Circular is at your disposal:

- By email: contact@circular.xyz;

- By post, at the following address: Circular, SAS – 78 av des Champs Elysées, bureau 326, 75008 Paris, France.

3 - YOUR RIGHTS AND OBLIGATIONS - ACCEPTANCE OF THE GCU

The GCU defines your contractual relations with Circular, as well as the conditions under which the Products & Services, and the Websites can be used.

The GCU, supplemented by our Confidentiality Policy and, as appropriate our General Conditions of Sale, express the entirety of the rights and obligations of the User and of Circular and shall prevail over all other general, or special conditions not expressly agreed to by Circular.

By using any Circular Products & Services and the Websites you signify your agreement to these General Terms & Conditions of Use (the “GCU”). If you do not agree to these GCU, you may not use and purchase the Circular Products& Services and you must refrain from accessing the Websites.

4 - USE OF THE CIRCULAR PRODUCT & SERVICES AND WEBSITE

By using the Circular Products & Services and Website, you certify you are at least eighteen (18) years old and have the contact capacity. In order to use the Circular Products & Services, you must have an iOS or Android compatible phone and a browser as well as internet access (the User bears these costs).

You may only connect to the Service using (i) a device that is manufactured, distributed, or sold by Circular itself or through its authorized resellers or agents; (ii) Our Mobile applications and Software, or approved third-party applications, software, or devices; or (iii) Our Websites (“Authorized Connections”). You may not connect to the Service with any device that is not manufactured, distributed, or sold by Circular itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Circular device); otherwise intends to resemble or purports to be a Circular device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact Us.

BETA SERVICES

We may, from time to time, offer access to products and/or services that are classified as private or public beta versions (“Beta Versions”). Beta Versions are offered “as-is” to allow testing, evaluation and improvement. We make no representations that a Beta Version will ever be made generally available and reserve our right to discontinue or modify a Beta Version at any time without notice, at our sole discretion. Beta Versions are provided AS IS, may contain bugs, errors, or other defects, and your use of a Beta Version is at your sole risk. For the avoidance of doubt, all Beta Version are pre-release, are expected to contain defects which may be material, and are not expected to operate at the level of performance or compatibility of a final, generally available product and/or service offering. Beta Versions may not operate accurately and may be substantially modified prior to public availability or withdrawn at any time. Accordingly, access to and use of the Beta Versions is entirely at customer’s own risk. In no event shall Circular be liable for any damage whatsoever arising out of the use of or inability to use the Beta Versions, even if Circular has been advised of the possibility of such damages. You are advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of any Beta Version. Any data you provide to Beta Versions may not be secured and may be lost or damaged, and results provided by certain Beta Versions may be subject to third party licenses, including open source licenses. Any third-party software, services, or other products you use in connection with the Beta Versions are subject to their own terms, and we are not responsible for third party products. We may change our prices for Beta Versions by posting notice to your account and/or to our website and such price increases will be effective immediately.

5 - CONTENT

Content refers to all accessible information uploaded by Circular.

The User has sole responsibility for the use he/she makes of the Circular Products & Services and the Content on the Websites. Circular shall not be liable for damages directly or indirectly caused using this Content.

The User has sole responsibility for the use he/she makes of the Circular Products & Services and Content on the Websites with hypertext links. Circular disclaims any responsibility regarding the Content according to the provisions below.

The User shall take any appropriate steps to ensure the technical characteristics of his/her equipment allowing the viewing of the Content.

6 - ACCEPTABLE USE POLICY

We expect from our Users an acceptable use of our Product & Services. To this end, you may not do,or attempt to do, or encourage a User or third party to do any of the following by accessing and using our services:

- reverse engineer, deconstruct, modify, adulterate, distort, dismantle or create a derivative work based on any of the hardware & software used to supply the Services;

- use the Services to knowingly or deliberately contravene intellectual property rights owned by third parties, notably their patents, author’s rights, registered trademark, manufacturing secret, or any applicable intellectual rights such as those that currently exist or that may exist in the future, world-wide;

- access the Applications and/or the Websites using automated methods (such as robots, crawlers or spiders, etc.), except with the prior, written authorization of Circular;

- upload viruses or other malwares to the Circular Products & Services and the Websites;

- use the the Circular Products & Services and the Websites in an illicit, ilcontact, malicious, discriminatory way;

- obstruct the smooth functioning of the Circular Products & Services and the Websites.

You acknowledge that any violation of Circular’s GCU shall entitle Circular to restrict your access to the Circular Products & Services and the Websites.

7 - PERSONAL DATA

Under article 4 of the European Genera Data Protection Regulation (GDPR), Personal Data shall mean: any information relating to identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

By visiting our the Websites, you agree to the collection of your Personal Data.

We collect Personal Data on:

- identity and civil status (surname, first name, email address, birth date, home address, phone number);

- password when creating an account;

- economic information (payment methods, transactions, business relationship);

- login details (IP address).

Some of the Website's content might require that your register and provide Personal Data and in particular a password when creating a Customer account.

The identifier and the password are strictly personal. The User agrees to keep his/her password secret and not to disclose it in any form whatsoever. You are responsible for the protection of your identifier and password. Unless proven otherwise, any access to the Websites or any data transmission from the User’s access codes is assumed to have been made by the former. In the event of the loss or theft of your identifier and/or password, or if you are aware of your password being used by an unauthorized third party, you must immediately inform Circular at the following address, in order to revoke your identifier and password and obtain new ones: contact@circular.xyz. Circular will not, under any circumstances, be held responsible for the Websites being accessed by unauthorized third parties who have gained access through the illicit use of your identifier and password.

Regarding the Personal Data related to the Products & Services please refer to www.circular.xyz/en/privacy-policy

8 - PURPOSE OF PERSONAL DATA PROCESSING

We process your Personal Data in order to maintain and improve our products and Websites and manage our client relationship.

Data processing by Circular serves the following purposes:

- creating client accounts;

- processing business transactions or managing orders made through the Website;

- operations regarding Customer management;

- accounting and in particular managing Customer accounts;

- monitoring client relationship such as satisfactory surveys, claims management, customer service;

- operations regarding surveys and the development of new business strategies;

- managing requests for access, modification, objection, omission, limiting of data protection, portability information, testament regarding data and opposition to profiling.

- managing debts and litigation;

- managing opinions regarding the Products & Services and Content.

Circular meets all contact requirements regarding Data Protection.

9 - SECURITY, CONFIDENTIALITY, RECIPIENTS

Data Protection is key in our privacy policy. Please refer to www.circular.xyz/en/privacy-policy. We guarantee all Personal Data collected through our Websites is kept confidential.

All collected data is transmitted and stocked by Circular.

Circular takes all necessary physical, organizational and technical measures to protect your Personal Data against its loss, improper use, unauthorized access,disclosure, modification and or destruction.

Employees who need access within the framework of their duties, to provide, operate, maintain and improve the Products & Services and the Websites have sole access to your Personal Data.They are subject to an obligation of strict confidentiality.

Your Personal Data will not be sold, traded, transferred, nor given without your consent for any reason unless it is necessary for the services. However, when required by regulation, Circular might be prone to transfer the collected Data to authorized organizations and authorities (such as judicial and administrative administrations).

Circular does not retain payment method information. Circular temporarily archives partial bank card details under article L.133-24 of the French Monetary and Financial Code (Code monétaire et financier) in case of a litigation regarding a transaction. Additional security measures, such as SSL encryption or fraud management services, are put in place when we collect or transfer your payment data.

To ensure confidentiality of your Personal Data, Circular guarantees to host User’s Personal Data on its own servers or on its subcontractor’s servers on:

- the territory of the European Union, or

- the territory of a country that provides adequate level of protection.

In the event your Data is transferred to a country that does not provide adequate level of protection, in particular when using a subcontractor, Circular commits to conclude contractual clauses that meet the European Commission’s standards.

By way of exception, if you visit the Websites from the United States of America, please note that your Personal Data will be retained by the USA.

However, Circular does not host health Data under article L.1111-8 of the French Public Health Code (Code de la Santé Publique) and does not use such a provider, as your Personal Data regarding the prevention, diagnosis or treatment, social or medico-social monitoring is not collected.

In the event Circular uses a subcontractor for the storage of your Personal Data, the latter will be subject to the GDPR.

10 - DURATION OF DATA RETENTION

Circular will retain your Personal Data for a period of time that does not exceed the end to which it is collected and processed. After this duration, your Personal Data might be stored to respect the contact and regulatory obligations Circular is subject to and deleted no longer than ten (10) years later unless a litigation arises.

Personal Data that allow to establish proof of a right or contract or that are retained by Circular due to a contact obligation are archived in accordance with the applicable law.

11 - RIGHT TO ACCESS, RECTIFY, OBJECT OR DELETE

In compliance with the Personal Data protection regulation, you are entitled to access, rectify, delete your Personal Data and object to its processing and decide what will happen to them when you die.

You can exercise your rights and submit your requests by sending an email at support@circular.xyz or by filling in the contact form provided on the Website.

We commit to examine and resolve any complaint, claim or litigation amicably and within a reasonable time.

12 - COOKIES

Cookies might be installed on your device when using the Websites. Therefore, when connecting to the Websites for the first time, you will be informed of this use and your consent will be required for the usage and exploitation of those cookies.

Some Data will be collected and processed when using the Websites such as the User’s IP address, browser characteristics, languages, software used by the User’s machine, navigation and connection data… Audience measurements are also carried out (number of viewed pages, activity, how frequently visitors return to the Website…)

For this purpose, Circular sets up automatic tracing called “Cookies” (session cookies and permanent cookies).

Cookies are small files of data saved on your terminal (computer, pad, phone, or other devices…) when you browse and use our Websites. They are saved until their useful life has expired or you have deactivated or deleted them through your browser’s features. Those Cookies allow our Website to recognize your browser and seize and retain some information such as Personal Data.

Cookies that are dropped and read on your hard drive have the following objectives:

- improve the Website’s interactivity in order to allow Users to join Circular’s communication channels (use of social network share button);

- audience measurements such as visitation and use of Websites (content, section, time spent on the Website, browser…);

- understand and retain your preferences for your next visits on the Websites.

In compliance with the Data Protection guidelines, you are informed that Cookies are saved only as long as needed for the objectives for which they were saved and within a maximum of thirteen (13) months.

You must access your browser’s settings to deactivate your cookies. The procedure is described either in your browser’s help menu or the editor’s website. In case of deactivation, some of the Website’s features will not be fully functional.

Furthermore, if your computer’s browser refuses some temporary cookies, access to the Website may be altered or impossible.

Circular authorizes third party companies to issue from the Website their own cookies, this is the case of third-party apps through the “Share” or “Recommend” buttons derived from the social networks “Facebook”, “Twitter”, …

13 - AVAILABILITY OF THE CIRCULAR PRODUCTS & SERVICES

The full Circular experience requires the Circular Product & Services, Internet access to the Mobile App and Websites, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Circular Services.

Circular commits to take all reasonable measures to ensure a 24/7 quality access to its Products & Services and Websites at all time, but is bound by no obligation to do so, especially in the event of force majeure, network failure, server failure, or any other event beyond its control.

Circular may interrupt, suspend or temporarily, and without notice, modify access to the Products & Services and Websites, particularly for reasons of security, for restructuring machine resources, for maintenance, or for the improvement of the Products & Services and Websites, or to improve the availability of information via the Internet. Whenever possible, Circular will notify you in advance of this interruption to the Products & Services and Websites. In all cases, Circular shall employ its best efforts to ensure that the interruption affects you as little as possible. Circular cannot be held responsible for any damages caused by these interruptions, including loss of Data.

Please note that we do not provide any refunds of payments received in respect of any of our Products and Services, and we may change or discontinue all or any part of the Products and Services, at any time and without notice, in our sole discretion.

Therefore, Circular does not guarantee availability of the Products & Services and Websites, transmission reliability, or quality or time performances.

14 - CREATION OF HYPERLINKS

The creation of a hypertext link from the Applications or the Websites to an external site or resource by the User is prohibited.

The installation of hypertext links to a page in the Applications or Websites is permitted, as long as Circular’s rights are respected, and the sources and date of the most recent update of the page is mentioned, and the text on this page is not misrepresented. Circular is not liable for hyperlinks created by Users.

However, Circular reserves the right to require removal of hypertext links as soon as they are non-compliant with the Circular purpose. Moreover, Circular can allow you to publish on third party internet websites, apps, products or services. We shall not be held accountable for third party “websites’’ information, content or practices.

Please note that when you use a link towards another website, our GCU do not apply. Your browser and your actions on all other websites, as well as those we refer to, have their own policy. Furthermore, you are solely responsible for the content you decide to publish on or via third party websites.

We may include hyperlinks or references on the Platform to other websites or resources operated by parties other than us, including where we do integrations with third-party devices. We have not reviewed all of the sites linked to the Platform and we are not responsible for the content or accuracy of any off-Platform pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

15 - RESPONSIBILITIES AND WARRANTIES

Circular’s undertakings under the terms of the present GCU constitute an obligation of means.

Circular has no control over how you use or interpret the information and advice shared on the Products & Services and Websites. They are your sole responsibility.

Within the limits of the law, Circular, its subsidiaries, distributors, suppliers, shall not be held liable, in any way whatsoever, for any direct or indirect, tangible or intangible prejudice such as the loss or destruction of data, the loss of profit and actual or potential profit even if notified of the possibility of such damages.

In the event of a conviction, the amount of the sentence shall not exceed the highest of these two amounts: (i) the total amount of the sums paid to Circular during the last six (6) months, excluding the product price or (ii) one hundred (100.00) euros.

Please note that Circular is not intended to diagnose, treat, cure or prevent any disease or medical condition without the assistance of a health professional. The information and guidance provided by Circular are there for informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a health professional if you have any questions regarding any changes you intend to make to your sleep or activity or regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through Circular services.

Circular is not responsible for any health problems that may result from information or guidance you learn through the Circular services. If you make any change to your sleep or activity based on the Circular services, you agree that you do so fully at your own risk.

CIRCULAR IS NOT A LICENSED HEALTH CARE PROVIDER, NOR SHOULD THE PRODUCTS AND/OR SERVICES OR ANY PART OF THEM, NOR ANY CONTENT, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, AND OTHER VISUALS, CONSTITUTE OR BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. ALL PRODUCTS, SERVICES AND CONTENT ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND THE SERVICES AND CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS, TREATMENT, CURE, MITIGATION, OR PREVENTION OF ANY MEDICAL CONDITION. PLEASE ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDERS BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH VIA THE USE OF THE PLATFORM, PRODUCTS AND OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR HEALTH CONDITION OR EXPERIENCE ANY CHANGES IN YOUR HEALTH CONDITION OR HEALTH STATUS. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF OUR PRODUCTS AND SERVICES. DO NOT START OR STOP TAKING ANY MEDICATION OR MEDICAL TREATMENT UNLESS ADVISED BY A MEDICAL PRACTITIONER. NEVER DISREGARD AND/OR DELAY SEEKING ANY MEDICAL ADVISE BASED ON ANY CONTENTS OR INFORMATION AVAILABLE ON THE PLATFORM.

THIRD PARTY PRODUCTS ARE NOT MANUFACTURED BY CIRCULAR. THEY ARE MERELY PROCURED AND DISTRIBUTED BY CIRCULAR FROM AUTHORISED DISTRIBUTORS, AND WHERE SUPPLIED BY US TO YOU, ARE INTENDED TO BE FOR USE IN CONJUNCTION WITH THE APP. SO FAR AS MAY BE EXCLUDED BY APPLICABLE LAW, CIRCULAR IS NOT RESPONSIBLE FOR ANY DEFECT IN THE THIRD-PARTY DEVICE, NOR WILL IT BE LIABLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU THROUGH YOUR USE OF THE THIRD-PARTY DEVICE. YOU ASSUME FULL RESPONSIBILITY FOR YOUR DECISIONS AND ACTIONS BASED ON YOUR USE OF THE THIRD-PARTY DEVICE. WE DO NOT PROVIDE ANY WARRANTY IN RESPECT OF THE THIRD-PARTY DEVICES.

SOME PEOPLE MAY EXPERIENCE DISCOMFORT AND/OR SKIN IRRITATION OR SKIN RASHES AT THE CGM AND/OR THE PROTECTIVE PATCH SITE DUE TO ADHESIVE OR OTHERWISE. IF YOU HAVE A SKIN CONDITION OR HAVE SENSITIVE SKIN OR HAVE DEVELOPED IRRITATION OR INJURY AT THE CGM AND/OR PATCH SITE, PLEASE WORK WITH YOUR HEALTHCARE PROFESSIONAL WHILE USING THE CGM AND PATCH. IF CASE OF ANY SKIN RELATED INJURIES, RASHES OR ALLERGIES, PLEASE INFORM US AND/OR YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY. FOR ANY CGM RELATED INJURIES, WE SHALL NOT BE RESPONSIBLE AS WE ARE NOT THE MANUFACTURER OF THE CGM AND WE HAVE NOT TESTED THE CGM FOR ITS SAFETY WITH PATIENTS WITH SKIN CONDITIONS OR SENSITIVE SKIN.

THE APP IS NOT A MEDICAL DEVICE. THE APP HAS NOT BEEN TESTED FOR USE IN PATIENTS WITH DIABETES OR OTHER HEALTH CONDITIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE CONTENT, INCLUDING ANY INFORMATION YOU LEARN FROM THE APP, ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY ILLNESS OR MEDICAL CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE APP IS INTENDED ONLY FOR USE BY HEALTHY ADULTS IN A STABLE ENVIRONMENT. THE APP OFFERS ADVICE RELATED TO GENERAL HEALTH AND WELLNESS ONLY.

THE RING IS NOT A MEDICAL DEVICE. THE RING HAS NOT BEEN TESTED FOR USE IN PATIENTS WITH HEALTH CONDITIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE CONTENT, INCLUDING ANY INFORMATION YOU LEARN FROM THE APP THROUGH USE OF THE RING, ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT, MONITOR, TREAT, OR ALLEVIATE ANY ILLNESS OR MEDICAL CONDITION OR DISEASE, TO ASCERTAIN THE STATE OF YOUR HEALTH, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. THE RING AND APP ARE INTENDED ONLY FOR USE BY HEALTHY ADULTS IN A STABLE ENVIRONMENT. THE RING AND APP OFFERS ADVICE RELATED TO GENERAL HEALTH AND WELLNESS ONLY.

PLEASE NOTE THAT THE CIRCULAR APP IS NOT MEANT TO SERVE AS A PRIMARY OR SECONDARY DISPLAY OF YOUR CGM DEVICE. THE CGM IS APPROVED FOR USE ONLY WITH CGM MANUFACTURER'S APP.

WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE OF THE APP, ANY OF THE PRODUCTS AND SERVICES, THE THIRD-PARTY DEVICE, OR ANY ADVICE OR INFORMATION PROVIDED AS PART OF OUR SERVICES.

WE DISCLAIM SO FAR AS PERMITTED UNDER APPLICABLE LAW ANY LIABILITY FOR OR IN RESPECT OF THE THIRD-PARTY DEVICE.

WE ARE NOT RESPONSIBLE TO YOU OR ANYBODY ELSE FOR ANY LOSS INCURRED IN RELATION TO USE OF THE PLATFORM, PRODUCTS AND SERVICES. YOUR USE OF THE PLATFORM, PRODUCTS AND ANY SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DO NOT PROMISE THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM OR OUR CONTENT WILL BE ERROR FREE OR THAT THE PLATFORM, OUR CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALWAYS RECOMMEND THAT ALL USERS OF THE INTERNET ENSURE THEY HAVE UP TO DATE VIRUS CHECKING SOFTWARE INSTALLED.

ANY HEALTH INFORMATION AND LINKS ON THE CONTENT, WHETHER PROVIDED BY CIRCULAR OR BY CONTRACT FROM OUTSIDE PROVIDERS, IS PROVIDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES.

YOU ACKNOWLEDGE THAT WHEN YOU ACCESS A LINK THAT LEAVES OUR PLATFORM, THE SITE YOU WILL ENTER INTO IS NOT CONTROLLED BY US AND DIFFERENT TERMS OF SERVICE AND PRIVACY POLICY MAY APPLY. BY ACCESSING LINKS TO OTHER SITES, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THOSE SITES. WE RESERVE THE RIGHT TO DISABLE LINKS TO AND / OR FROM THIRD- PARTY SITES TO OUR SERVICE, ALTHOUGH WE ARE UNDER NO OBLIGATION TO DO SO.

ACCURACY OF THE BIOMARKERS MAY BE AFFECTED IF YOU ARE SUFFERING FROM ANY HEALTH CONDITION. PLEASE USE THE PRODUCTS AND SERVICES UNDER A DOCTOR”S OR HEALTHCARE PROFESSIONAL’S SUPERVISION IF YOU ARE SUFFERING FROM ANY HEALTH CONDITION.

16 - FEES AND PAYMENT PROCESSING

You agree to pay the purchase price or subscription fees to avail the Products and Services as listed on our Platform. Any payment-related terms and conditions presented to you in the process of billing shall also be applicable to you. A payment account will be linked to your User Account (your “Billing Account”). You agree to pay us via your Billing Account, either directly or through third- party payment processors, all fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us (including our authorised third-party payment processor), to charge your chosen payment provider (your “Payment Method”). The processing of payments by a third-party payment processor will also be subject to the terms, conditions, and privacy policies of such payment processors. We are not responsible for errors by the payment processor. If we do not receive payment from you, you agree and consent to pay all amounts due on your Billing Account upon demand. All one-time and subscription-based purchases are non-transferable and non-refundable. One-time purchases or non-recurring subscription(s) are non-cancellable. Please refer to Circular Terms for any cancellations, exchanges, returns and refunds.

The subscription for our subscription-based Services will be automatically extended for successive monthly renewal periods at the then-current non-promotional rate. If you terminate your subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and we will not refund any amounts that you have already paid. Your non-termination or continued use of your subscription reaffirms that we are authorized to charge your Payment Method for that subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the subscription.

At any time for any reason, we may provide a refund, discount, or other consideration (“credits”) to some or all of our users. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future.

17 - INTELLECTUAL PROPERTY RIGHTS

The Products & Services and Websites as well as its Content including texts, graphics, images and sounds that they contain, are covered by intellectual property rights of which Circular is the sole owner.

Unless expressly stipulated to the contrary, these GCU do not confer upon you any right, title, or interest in Circular’s intellectual property rights.

Content is accessible to the User for personal, private, non-collective and non-commercial use.

Any reproduction and/or representation and/or partial or total operation of the Products & Services and Website’s Content, by any means, without Circular’s written consent is strictly forbidden and may constitute trademark infringement under article L 335-2 onwards of the French Intellectual Property Code (Code de la propriété intellectuelle).

“Circular” is the company’s trademarks. Any reproduction and/or representation and/or partial or total operation of this trademarks, by any means, without Circular’s written consent, is strictly forbidden.

You shall refrain from infringing Circular’s intellectual property rights, either directly or indirectly, the use of the Websites shall not represent either an infringement or unfair or parasitic competition of the Website.

You agree to defend, indemnify and hold Circular and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of Circular’s intellectual property rights, any third party rights or any applicable law when using the Circular Product & Services.

18 - DISPUTE RESOLUTION

Before instigating any proceedings or claim against Circular, you agree to seek to resolve the dispute amicably by contacting Circular at this address: contact@circular.xyz. We will seek to resolve the dispute amicably, contacting you by email, within a maximum of thirty (30) days.

Any claim, whether on an amicable or contact basis, relating to the execution or interpretation of the GCU, must be formulated within one (1) year as from the operative event, or from the de-activation of the account, otherwise all rights of claim will be lost.

Any dispute that may arise from the use of the Products & Services and Websites or that relates to the execution or interpretation of the GCU shall be governed by French law and shall be subject to the exclusive jurisdiction of the courts having competence.

19 - NOTIFICATIONS

When using our Products & Services and Websites and through these GCU, you authorize Circular to send you all notifications and newsletters to the email address used to create your account and thus according to your choice. For the avoidance of doubt, you will be deemed to have received all notifications sent by virtue of these present GCU, when they are sent by Circular. If you decide that you no longer wish to receive these notifications by email, you must send a request to: contact@circular.xyz

20 - INTERPRETATION

In the event of a difficulty in the interpretation in relation to any of the titles appearing at the head of the clauses and any of the clauses themselves, the titles shall be declared non- existent.

21 - NULLITY

The nullity of one clause does not entail the nullity of the GCU, with the exception of an essential and fundamental clause that was decisive in one of the Parties entering into the contract. The cancelled stipulation(s) shall be deemed null and void.

22 - NO WAIVER

No failure or delay on the part of any Party hereto in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted thereunder must be in writing and shall be valid only in the specific instance in which given.

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