Terms of Use — Atymus

Version: 1.1 Last updated: 2026-05-22 Initial regulatory scope: European Union (launch in France + progressive EU expansion) Reference language: This is an informational translation. In case of any interpretive divergence, the French version prevails. See terms-of-use-fr.md.

1. Acceptance of the Terms

Welcome to Atymus. By downloading, installing, creating an account, or using the Atymus mobile application ("App"), you ("User", "you") fully accept these Terms of Use ("Terms") as well as the Privacy Policy which complements them.

If you do not agree with any part of these Terms, do not use the App.

2. Who we are

Atymus is published by:

Felipe Oliveira Natural person, residing in Aix-en-Provence, France General contact: admin@atymus.com Privacy contact: admin@atymus.com

The Terms are governed by French law, without prejudice to mandatory consumer protection provisions applicable in your country of residence (see Section 17).

3. Definitions

4. Purpose of Atymus

Atymus is a wellness and fitness application that allows the User to:

• Log meals, sleep, physical activity, and body measurements
• Track progress through a vitality score
• Receive personalized suggestions generated by artificial intelligence
• Analyze photos of meals and bioimpedance scales
• Set and track personal health goals

⚠️ Atymus IS NOT a medical device. It does not diagnose, treat, prevent, or cure any medical, mental, or nutritional condition. The information provided by the App and the AI is strictly educational and informative, and does not under any circumstances replace the advice of qualified healthcare professionals (doctor, registered dietitian, psychologist, physical trainer, physiotherapist).

Always consult a professional before: - Significantly modifying your diet - Starting an exercise program - Discontinuing any ongoing medical treatment - Making health decisions based on App measurements

5. Account creation

5.1. Requirements

To create an Atymus account, you declare that you: - Are 15 years of age or older (minimum age under Art. 8 GDPR and the French Loi Informatique et Libertés) - Provide truthful, accurate, and up-to-date information - Have the legal capacity to contract

5.2. Single account and responsibility

• Each User may only have one account
• You are responsible for the confidentiality of your password
• You are responsible for all actions performed by your account, even if executed by third parties with your consent
• In the event of unauthorized use, immediately notify admin@atymus.com

5.3. Truthfulness of health data

The health data you provide (weight, meals, sleep, etc.) is only useful if accurate. You acknowledge that: - AI analyses and suggestions depend on the quality of the data provided - False or inaccurate data may generate inadequate recommendations - Atymus does not verify or attest to the truthfulness of this data

6. Subscription, payment, and renewal

6.1. Available plans

Atymus offers a limited free plan and three paid plans:

Prices and plan details are displayed in the App before subscription, in euros (EUR) for users residing in the European Union.

6.2. Payment processing

All payments are processed by the Stores (Apple App Store or Google Play Store) according to their own commercial terms. Atymus has no access to your banking data and does not store any card information.

6.3. Trial period

• The 7-day free trial is offered once per User
• You may cancel at any time during the trial without being charged
• If you do not cancel before the end of the trial, your subscription is automatically converted to a paid subscription and the corresponding amount is charged by the Store

6.4. Automatic renewal

Subscriptions renew automatically at the end of each period (monthly or annual), unless cancelled in advance in your Store settings.

In accordance with French consumer protection legislation (notably the Loi Chatel), the Store sends prior notification of renewal according to its own practices. You are responsible for monitoring and managing your active subscriptions directly in the Store.

6.5. Subscription cancellation

To cancel automatic renewal:

• iOS: iPhone Settings > Apple ID > Subscriptions > Atymus > Cancel Subscription
• Android: Google Play > Account > Subscriptions > Atymus > Cancel Subscription

Cancellation stops future renewals, but you retain premium access until the end of the already-paid period.

6.6. Refunds

Refund requests are handled exclusively by the Stores, according to their policies: - Apple: https://support.apple.com/en-us/118223 - Google Play: https://support.google.com/googleplay/answer/2479637

Atymus has neither the technical nor commercial authority to process refunds directly. In case of doubt about a charge, contact the relevant Store first. If the issue concerns an App malfunction, write to admin@atymus.com — we will analyze and, if justified, intervene with the Store.

6.7. Price changes

We may change prices at any time. Price changes for existing plans only apply at your next renewal and with at least 30 days' prior notice by email and in the App. You will have the opportunity to cancel before the effective date.

7. Right of withdrawal (EU consumers)

7.1. General rule

In accordance with Articles L221-18 et seq. of the French Code de la consommation (Consumer Code), you have a period of 14 calendar days from subscription to withdraw without justification.

7.2. Express waiver of the right of withdrawal

Pursuant to Article L221-28, 13° of the Code de la consommation, the right of withdrawal does not apply to contracts for the supply of digital content not on a tangible medium whose performance began after the consumer's prior express agreement and express waiver of the right of withdrawal.

By starting to use the App (including during the free trial period), you expressly acknowledge: 1. That you accept that contract performance begins immediately 2. That you waive your 14-day right of withdrawal 3. That you will not be able to claim a refund on this basis after starting to use the App

This waiver is collected at the time of initial consent within the App.

7.3. Exceptions

The waiver of the right of withdrawal does not affect other applicable legal rights, including: - The statutory warranty of conformity (Art. L217-3 et seq. of the Code de la consommation) - The warranty against hidden defects (Art. 1641 et seq. of the Code civil) - Remedies in case of breach of these Terms by Atymus

8. Use of the App

8.1. License granted

Atymus grants you a personal, non-exclusive, non-transferable, and revocable license to install and use the App on personal devices, exclusively for non-commercial purposes and in accordance with these Terms.

8.2. Prohibited behaviour

You agree NOT to:

• Use the App for any illegal purpose or to violate third-party rights
• Copy, modify, decompile, reverse engineer, or attempt to extract the App's source code
• Access restricted server areas or attempt to bypass authentication mechanisms
• Deliberately overload the infrastructure (massive scraping, attacks, AI call abuse)
• Share your account with third parties or resell access
• Use bots, automated scripts, or AI to generate fictitious interactions
• Send offensive, defamatory, pornographic, illegal, or harmful content
• Impersonate another person or provide false data
• Attempt to extract data from other users

Violation of these rules may result in immediate suspension without refund and any applicable legal action.

8.3. Fair AI use

AI features are subject to usage limits per plan (credits). Even in plans with "unlimited" AI, we reserve the right to apply technical limitations to prevent abuse. Specific limits are described in the App.

9. Intellectual property

9.1. Atymus's ownership

All intellectual property rights in the App — source code, design, trademark, logos, texts, icons, illustrations, exercise and food database — belong exclusively to Felipe Oliveira (Atymus) or its licensors.

Nothing in these Terms transfers to you any rights to these elements beyond the license of use described in Section 8.1.

9.2. "Atymus" trademark

The "Atymus" mark and associated logo are protected. Any unauthorized use is prohibited.

9.3. User Content

9.3.1. You own your content

You retain full ownership of the data you submit to the App (meals, photos, audio, notes, measurements, AI conversations).

9.3.2. License granted to Atymus

For us to be able to provide the service, you grant us a worldwide, non-exclusive, free, and time-limited license to: - Store, process, and display your data within the App - Submit your data to technical processors (Google Firebase, Gemini API) in accordance with the Privacy Policy - Generate personalized analyses and suggestions from this data - Calculate anonymized statistical aggregates for product improvement

This license terminates automatically when you delete your account.

9.3.3. We do not use your data to train models

Atymus does not use your User Content to train public AI models. The Google Gemini API, as a processor, contractually commits to not using your messages for training.

10. Limitation of liability

10.1. Medical disclaimer

Neither Atymus, nor Felipe Oliveira, nor any team member is a healthcare professional in the context of your interaction with the App. The information, analyses, suggestions, scores, and AI responses provided by Atymus:

• Are strictly educational and informative
• Do not constitute professional medical, nutritional, psychological, or sports advice
• Should not be used as a sole basis for any health decision
• May contain inaccuracies, especially in AI responses

In case of doubt about your health, consult a qualified professional. In case of emergency, call emergency services: 15 (SAMU in France) or 112 (emergency number in all EU countries).

10.2. No guarantee of results

Atymus is a tracking tool. We do not guarantee any specific result — weight loss, muscle gain, improved sleep, stress reduction, athletic performance. Results depend on numerous factors beyond our control (genetics, medical conditions, adherence, life context).

10.3. Service availability

We strive to keep the App available 24/7, but: - We do not guarantee uninterrupted availability - We may temporarily suspend service for maintenance, updates, or in case of force majeure - Processors (Google, Apple) may experience failures affecting the App that are beyond our direct control

10.4. Financial limitation

To the maximum extent permitted by applicable law, and except in cases of wilful misconduct or gross negligence, Atymus's total liability to you, for any claim related to the App, is limited to the amount actually paid by you in the 12 months preceding the event giving rise to the claim.

For Free plan users, this limitation is set at EUR 50.

This limitation does not apply to bodily injury, wilful misconduct, fraud, or other cases where applicable law prohibits liability limitation.

10.5. Statutory warranty of conformity

Regardless of this limitation, consumer rights arising from the statutory warranty of conformity (Art. L217-3 of the Code de la consommation) and the warranty against hidden defects (Art. 1641 of the Code civil) remain fully applicable to consumer users in the European Union.

11. Conduct in risk situations

11.1. Do not use the App in an emergency

Atymus IS NOT an emergency service. In case of: - Chest pain, breathing difficulty, sudden discomfort - Suicidal or self-harm thoughts - Acute anxiety or panic attack - Suspicion of severe eating disorder - Any medical emergency

CALL IMMEDIATELY: - France: 15 (SAMU) or 112 (European emergencies) - Other EU countries: 112 (European single emergency number) - Psychological support in France: 3114 (Numéro national de prévention du suicide, 24/7, free)

11.2. Warning signs detected by AI

If you share content indicating an immediate risk to your physical or mental health, the AI is configured to suggest contact with a professional or emergency service. This suggestion is informational and does not replace direct action on your part.

12. Suspension and termination

12.1. Termination by the User

You may terminate your account at any time in Settings > Account > Delete my account. Deletion is irreversible (see Privacy Policy, Section 7.3).

12.2. Termination by Atymus

We may suspend or terminate your account, with reasonable prior notice when possible, in case of: - Serious breach of these Terms - Abusive use of the infrastructure or the AI - Fraudulent or illegal activity - Subscription non-payment - Prolonged inactivity (> 2 years, in accordance with the Privacy Policy)

In case of flagrant and serious breach (fraud, attack, security compromise), termination may be immediate and without refund.

12.3. Consequences of termination

Following termination: - Access to the App is interrupted - Your data is deleted according to the periods in the Privacy Policy - You are not entitled to any refund of unused periods, except as required by law

13. Modifications to the Terms

We may modify these Terms to reflect legal, technical, or functional developments. In case of substantial modification:

1. You will be notified by email and/or in-App message at least 30 days before entry into force
2. If you continue using the App after entry into force, you are deemed to have accepted the new Terms
3. If you disagree, you may terminate your account without cost until the entry-into-force date

The current version is always available in Settings > About > Terms of Use and at https://atymus.com/terms-en.html.

14. Personal data

The processing of your personal data is detailed in the Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, you confirm having read the Privacy Policy.

15. Stores — contractual relationship

You acknowledge that: - These Terms are between you and Felipe Oliveira (Atymus) — not with Apple Inc. or Google LLC - The Stores (Apple App Store, Google Play Store) act only as distribution and payment processing platforms - Complaints about the App must be directed to Atymus (admin@atymus.com), not to the Stores - Complaints about billing/refunds must first be directed to the Store (see Section 6.6)

In accordance with the Apple Developer Program License Agreement, it is clarified that Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the provisions applicable to iOS users.

16. Mediation and dispute resolution (EU consumers)

16.1. Prior claim

In case of dispute, the User is invited to first contact Atymus at admin@atymus.com for an attempt at amicable resolution. We will respond within 30 days.

16.2. Consumer mediation (FR)

In accordance with Article L612-1 of the French Code de la consommation, in case of a dispute not resolved amicably, the consumer may use a consumer mediator free of charge. Atymus will formally designate a registered mediator upon regularization of the activity as a micro-entreprise — until then, we recommend:

• European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr
• CNIL for specific data protection issues: https://www.cnil.fr/en

16.3. Competent courts

Without prejudice to the mandatory provisions of Regulation (EU) 1215/2012 (Brussels I bis): - Consumer users residing in the EU may bring proceedings in the courts of their country of residence - Other disputes will be submitted to the competent courts of Aix-en-Provence, France

17. Applicable law

These Terms are governed by French law, without prejudice to the mandatory consumer protection provisions of the User's habitual country of residence in the European Union (Art. 6 of the Rome I Regulation).

Atymus is initially intended for residents of the European Union. Formal expansion to other markets (Brazil, United States, etc.) will be subject to a specific update of these Terms.

18. General provisions

18.1. Partial invalidity

If a clause of these Terms is held void or unenforceable by a competent court, the other clauses remain in full force.

18.2. No waiver

The fact that Atymus does not require strict application of a provision does not constitute a future waiver of the right to require it.

18.3. Assignment

You may not assign these Terms without prior authorization. Atymus may assign these Terms in the context of a corporate restructuring (in particular in case of migration to a French micro-entreprise or company), with prior notice.

18.4. Entirety of the agreement

These Terms, together with the Privacy Policy and any expressly referenced documents, constitute the entire agreement between you and Atymus.

18.5. Notices

Notices relating to these Terms will be made by email to the account associated with your account. Notices in the opposite direction must be sent to admin@atymus.com.

19. Contact

📧 General support: admin@atymus.com 📧 Privacy: admin@atymus.com 📍 Felipe Oliveira · Aix-en-Provence, France

These Terms were drafted in compliance with French and European law (consumer protection + GDPR). Formal expansion to other markets (including Brazil and the United States) will be subject to a specific update in a future version. The French version is the legal reference; this English version is informational.