Terms of Service

Last updated: March 2026

1. Introduction

These Terms of Service ("Terms") govern your use of the EYVO mobile application ("App") and related services provided by Ninety Labs UG (haftungsbeschränkt) ("we", "us", "our").

By creating an account or using EYVO, you agree to these Terms and our Privacy Policy. This includes consent to the processing of your personal data, including facial photographs and health data, as described in our Privacy Policy.

If you do not agree, please do not use our services.

2. Service Description

EYVO is a health tracking application that:

• Analyzes facial photographs to calculate biomarker scores
• Tracks lifestyle factors through manual journaling and Apple Health integration
• Optionally fetches local weather data (temperature, humidity, UV index) using your device location to correlate environmental factors with your skin health
• Provides insights about correlations between lifestyle and facial appearance
• Generates personalized summaries and recommendations based on your aggregated data (Premium feature)
• Provides Clara, your AI skin companion, for skin-related questions

EYVO is not a medical device. Our analysis is for informational and wellness purposes only. EYVO does not diagnose, treat, cure, or prevent any disease or medical condition.

3. Eligibility

You must be at least 16 years old to use EYVO. By using the App, you confirm that you meet this age requirement.

4. Account Registration

To use EYVO, you must create an account with a valid email address. You are responsible for:

• Providing accurate information
• Maintaining the security of your account credentials
• All activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Biometric Data Consent

EYVO processes biometric data (face embeddings) for identity verification purposes. By using the face scan feature, you explicitly consent to:

• The generation and storage of a mathematical face embedding derived from your facial geometry
• The use of this embedding solely for one-account-per-person verification
• The storage of this embedding on our EU-based servers until you delete your account or after 36 months of inactivity

You may withdraw this consent at any time by deleting your account. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal. For details on how we process biometric data, see Sections 4.2 and 4.3 of our Privacy Policy.

6. Acceptable Use

You agree not to:

• Use EYVO for any illegal purpose
• Upload images of other people without their consent
• Attempt to reverse-engineer, hack, or compromise the App
• Use automated systems or bots to access the service
• Circumvent any access restrictions or usage limits
• Resell or redistribute the service without authorization
• Attempt to extract, reconstruct, or reverse-engineer face embeddings or biomarker algorithms

7. Subscriptions and Payments

7.1 Free and Premium Tiers

EYVO offers a free tier with basic features and a Premium subscription with additional features.

7.2 Billing

Premium subscriptions are billed through Apple's App Store. Payment is charged to your Apple ID account at confirmation of purchase.

7.3 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

7.4 Apple Subscription Terms

Payment will be charged to your Apple ID account at confirmation of purchase. Subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.

7.5 Managing Subscriptions

You can manage and cancel your subscription in your App Store account settings. Cancellation takes effect at the end of the current billing period.

7.6 Refunds

Refunds are handled by Apple according to their refund policies. We do not process refunds directly.

7.7 Price Changes

We may change subscription prices. Price changes will not affect your current subscription period and will be communicated in advance.

7.8 Right of Withdrawal for Consumers (Distance Selling)

EU consumers have the right to withdraw from the conclusion of a paid subscription within 14 days without giving any reason, pursuant to §§ 312g, 355 BGB (German Civil Code). The withdrawal period starts on the day the contract is concluded.

Contractual Relationships: The payment contract is concluded via the Apple App Store with Apple Distribution International Ltd. The right of withdrawal vis-à-vis Apple is governed by Apple's terms. The service contract with EYVO (Ninety Labs UG haftungsbeschränkt) regarding the use of Premium features is additionally subject to the right of withdrawal described here.

Expiration for Digital Content (§ 356(5) BGB): By activating your Premium subscription and using the Premium features immediately, you expressly consent that EYVO begins contract performance before the withdrawal period has expired. You confirm your awareness that this consent causes you to lose your right of withdrawal once contract performance begins.

Exercising the Right of Withdrawal: To exercise your right of withdrawal, you must inform us (Ninety Labs UG haftungsbeschränkt, Am Hafensteig 7, 23730 Neustadt in Holstein, Germany, Email: privacy@eyvo.health) by means of a clear statement (e.g. by email) of your decision to withdraw from the contract. Timely dispatch of the withdrawal notice is sufficient to meet the deadline.

Consequences of Withdrawal: In the event of an effective withdrawal, we will refund all payments received from you promptly and no later than within 14 days of receipt of the withdrawal notice. Where processing is handled via Apple, reversal can only take place via Apple.

8. Free Trial

We may offer a free trial period for Premium features. If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription.

9. Intellectual Property

The EYVO App, including its design, code, content, and branding, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

You retain ownership of any content you upload (such as photographs). By uploading content, you grant us a limited, non-exclusive license to process and analyze it solely for the purpose of providing the service. This license terminates when you delete your account.

9.1 Third-Party Content

We use videos and photos from www.pexels.com under their license.

9.2 Open-Source Components

EYVO may include open-source software components, each governed by its respective license. A list of open-source licenses is available within the App settings.

10. Health Disclaimer

EYVO is not medical advice.

• Our face analysis, AI-generated insights, and recommendations are for informational purposes only
• Results should not be used to diagnose or treat health conditions
• AI-generated content does not constitute medical advice, diagnosis, or treatment recommendations
• Always consult a qualified healthcare professional for medical concerns
• Do not make health decisions based solely on EYVO's analysis or AI-generated insights

We make no guarantees about the accuracy, reliability, or completeness of our analysis or AI-generated content.

11. Limitation of Liability

To the maximum extent permitted by law:

• EYVO is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid for the service in the past 12 months
• We are not responsible for decisions you make based on EYVO's analysis or AI-generated content
• We are not liable for temporary unavailability of the service due to maintenance, updates, or circumstances beyond our control

Nothing in these Terms limits liability for damages arising from intent or gross negligence, or for claims under mandatory consumer protection laws (including German product liability law).

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of EYVO or violation of these Terms.

13. Service Availability

We strive to maintain service availability but do not guarantee uninterrupted access. We may:

• Perform maintenance that temporarily affects availability
• Modify or discontinue features with reasonable notice
• Suspend accounts that violate these Terms

14. Force Majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure outages, pandemics, or cyberattacks.

15. Data, Privacy & Analytics

Your use of EYVO is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

We use TelemetryDeck, a German analytics service (TelemetryDeck GmbH, Augsburg), to collect anonymous usage data such as screen views, feature usage, and error reports. TelemetryDeck uses double-hashed identifiers. No personal data, health data, facial photographs, or journal entries are ever sent to analytics.

For our website and user dashboard, we additionally use Umami, a privacy-friendly, open-source web analytics solution. Umami is self-hosted on our own infrastructure in Germany, uses no cookies, and does not collect personal data. No data is transmitted to third parties.

For details, see Section 11 of our Privacy Policy.

16. Data Breach Notification

In the event of a personal data breach affecting your data, we will notify you in accordance with Art. 34 GDPR if the breach is likely to result in a high risk to your rights and freedoms. Given that EYVO processes biometric and health data, we apply heightened breach response procedures. For details, see Section 20 of our Privacy Policy.

17. AI-Generated Content

EYVO uses third-party artificial intelligence services (Mistral AI, based in Paris, France) to generate personalized text insights. By using these features, you acknowledge that:

• AI-generated content is created automatically and may contain inaccuracies
• We only send aggregated, anonymized numerical data to the AI service, never personal information, photographs, or raw health data
• AI-generated insights are clearly marked with a sparkle symbol (✦) in the App
• AI-generated content is not a substitute for professional medical advice
• Chat conversations with Clara are stored for up to 90 days to improve response quality, then automatically deleted
• Chat data is only stored when you have explicitly enabled Personalized Insights

For details on what data is processed, see Section 12 of our Privacy Policy.

18. Account Termination

You may delete your account at any time through the App settings. Upon deletion:

• All your data will be permanently deleted as described in our Privacy Policy (within 30 days across all systems)
• Active subscriptions should be cancelled separately through the App Store
• Our license to process your uploaded content terminates immediately

We may terminate your account if you violate these Terms, with or without notice. In the event of termination by us, you will be notified via email and given the opportunity to export your data before deletion, unless termination is due to illegal activity.

19. Dispute Resolution

If you have a dispute regarding EYVO, we encourage you to contact us first at privacy@eyvo.health to seek an informal resolution. We will endeavor to respond within 14 days.

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but will consider doing so on a case-by-case basis.

20. Changes to Terms

We may update these Terms from time to time. We will notify you of significant changes via email or in-app notification at least 30 days before they take effect. Continued use of EYVO after the effective date constitutes acceptance of the new Terms. If you do not agree with the changes, you may delete your account before the effective date.

21. Governing Law

These Terms are governed by the laws of the Federal Republic of Germany. Any disputes shall be resolved in the courts of Schleswig-Holstein, Germany, unless mandatory consumer protection laws of your country of residence provide otherwise.

22. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. The unenforceable provision will be replaced with a valid provision that most closely reflects the original intent.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EYVO regarding your use of the service.