Terms of use TANITA App Universe

IMPORTANT NOTICE

Although the App and the information contained within the App is made or rendered with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information contained in the App is completely at your own risk. The App does not provide medical advice and is not intended to diagnose, treat, cure or prevent any disease. The App is not a medical device within the meaning of applicable medical device legislation unless explicitly stated otherwise.

Any analyses, insights or recommendations generated by the App are for informational and wellbeing purposes only and do not replace professional medical advice.

1. Introduction and Scope

1.1 These Terms of Use (“Terms of Use”) govern access to and use of the TANITA App Universe (the “App”), operated by TANITA Europe B.V., a private limited company incorporated under the laws of the Netherlands, having its registered office in Amsterdam and its principle place of business at Hoogoorddreef 56 E, 1101 BE Amsterdam, registered with the Dutch Chamber of Commerce under number 34283024 (“TANITA”, “we”, “us”).

1.2 A person can undergo a body composition analysis at an Institute - for example, a gym, a personal trainer or a dietitian’s practice – that offers measurements on a TANITA product that is connected with the App (“Connected TANITA Product”). By using the App, measurement data can be recorded over time, presented in clear visual overviews, and used to track progress against (and achievement of) a person’s goals (if set) (the “Services”). TANITA is entitled to engage third‑party service providers in the performance of the Services.

1.3 Users (or “you”) may be private individuals (consumers) using the App for personal use or natural persons using the App in the context of their employment or professional activities via a business customer of TANITA (the “Institute”), for example dieticians, personal trainers and gyms.

1.4 By downloading, installing, accessing or using the App (whichever comes first), you enter into a contract with TANITA with respect to the use of the App and you agree to be bound by these Terms of Use. TANITA may update or modify the App and these Terms of Use from time to time. Material changes will be communicated appropriately. If you continue to use the App after we have published the updated or modified Terms of Use, this means that you accept the changes and agree to them. We advise you to check the App regularly to review these Terms of Use.

2. Account

2.1 To use the App, you must create an account. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes to the information you have provided.

2.2 You are responsible for keeping your username, password(s) and other account information confidential and for restricting access to your mobile phone or other portable device. You are personally responsible for all activities conducted through your account and/or password. You must take all necessary measures to ensure that your password remains confidential and is kept secure. You must notify us immediately if you suspect that a third party has gained knowledge of your password or that the password is (or is suspected of being) used without authorization. Sharing username and password with services or products with auto login or password vault features are at your own risk.

3. User Obligations

3.1 You may only use the App if you are at least 16 years old and legally capable of entering into a binding contract.

3.2 You shall use the App in compliance with applicable law and these Terms of Use and shall not misuse the App, interfere with its security or integrity, or provide unlawful, inaccurate or misleading data. Unless you are working for a third party TANITA has entered into an agreement with (in which case you may only use the App for the personal purposes of aforementioned third party or as otherwise described in aforementioned agreement), you may only use the App for your own personal purposes. As mentioned in Article 2 you are not authorized to provide your username, password and/or other account information to others, except to the aforementioned third parties that TANITA has entered into an agreement with in order to facilitate the use of the App for the aforementioned personal purposes.

3.3 You may not use the App in any way that could overload, damage, interfere with, disable, or compromise the security of the App, the servers and/or networks used by TANITA, or that could disrupt the use and enjoyment of others of the App. Furthermore, you may not impersonate anyone else in the App or pretend to be a person or organization that has not asked or authorized you to act on their behalf.

3.4 By accepting the Terms of Use you also agree to notify us immediately of any unauthorized use of your username, password or other account information, or of any other security breach that you become aware of regarding the App.

3.5 You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out through your account.

3.6 If you suspect that an Institute does not act in accordance with its obligations mentioned in Article 8, please inform TANITA thereof. Please note that we may ask you to assist TANITA in the enforcement of this Terms of Use and its intellectual property rights in or to the App.

4. Data and Privacy

4.1 Personal data is processed via the App, including special category personal data concerning health within the meaning of Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679, the “GDPR”). Health data are processed solely on the basis of your explicit consent, unless another lawful basis under applicable data protection law applies. Further details are set out in our privacy statement (the ‘Privacy Statement’), which forms an integral part of these Terms of Use.

4.2 We will limit the processing of your personal data as much as possible. The general principle is that your personal data will be deleted if no new measurements have been recorded and/or you have not logged into the TANITA App Universe for a consecutive period of 12 months. Your personal data may also be deleted by the Institute or by us, for example upon termination of the agreement between the Institute and TANITA. For more information about our retention periods, we refer you to the section on ‘retention periods’ in the Privacy Statement.

4.3 The App may use automated and/or algorithmic processing, including statistical models and analytical tools, to generate insights, reports or recommendations based on health‑related and usage‑related data. Such outputs are based on general patterns and input data and may not fully reflect individual circumstances. TANITA does not guarantee the accuracy, completeness or suitability of such outputs for any specific purpose.

5. Communication

5.1 TANITA may send you varying communications via the App, including update notiﬁcations, reminders or other communications. You can indicate in the settings of the App to what extent you wish to receive said communications. By accepting these Terms of Use you acknowledge that TANITA may approach you for important changes or updates to the App in any case deemed necessary by TANITA. Such communication shall in principle never contain any commercial messages from third parties.

5.2 If you have any questions or comments about the use of the App, these Terms of Use and/or the processing of your personal data by TANITA, or if you would like to exercise your rights as described therein, you can contact TANITA using the contact details below:

Email: info@tanita.eu

Postal address: Hoogoorddreef 56E

1101 BE Amsterdam

The Netherlands

You can also use the contact form on TANITA’s website. We will respond as soon as possible.

6. Data Act

6.1 For the purposes of Regulation (EU) 2023/2854 (the “Data Act”), the users of the App as mentioned in article 1.3 qualify as the “users” within the meaning of Article 2(12) Data Act, irrespective of whether the App is made available directly or through a Institute. For the avoidance of doubt, the App qualifies as a related service within the meaning of Article 2(6) Data Act insofar as it enables access to, interpretation of, and interaction with data generated by Connected TANITA Products.

6.2 Where the App is made available to users via an Institute, that Institute shall, only for the purposes of the Data Act with respect to individual end‑user data of those users generated and/or collected with the App, not be considered a "user".

6.3 Any access by Institutes to aggregated or anonymized data falls outside the scope of the Data Act, provided that such data no longer qualify as personal data and cannot reasonably be re‑identified.

6.4 The App generates and/or collects contact information of users, user‑provided health data, product‑ or device‑generated usage data related to the functioning, performance and environment of the App or Connected TANITA Products, and technical metadata necessary to interpret, contextualize and re-use such data. Such data may consist of personal data and/or non‑personal data within the meaning of the Data Act. The collection frequency of (product and/or related service) data within the App depends on the nature of the data and the connection frequency of the concerned Connected TANITA Products with the App. A more extensive overview of the transparency obligations of TANITA in article 3 (3) of the Data Act can be found here.

6.5 Data derived, inferred or generated by TANITA through proprietary analytics, scoring mechanisms or algorithms (derived data) do not qualify as data generated by the use of the App within the meaning of the Data Act, unless otherwise required by mandatory law.

6.6 No provision of these Terms of Use shall be interpreted as transferring ownership of user‑generated data to TANITA. Subject to applicable law, the User retains the right to access, use and share data generated through the use of the App. Nothing in these Terms of Use shall prevent the User from exercising statutory rights under the Data Act, including rights to access and data sharing.

6.7 By accepting these Terms of Use you hereby grant to TANITA for the term of your agreement with TANITA and, where relevant, thereafter, a worldwide, non‑exclusive, transferable, sublicensable and royalty‑free license to: (a) use, host, store, reproduce, analyze, combine, enrich, aggregate and otherwise process your data, (b) use your data for the provision, maintenance, security and improvement of the App and Connected TANITA Products, (c) use your data for statistical, analytical, research and development purposes, including but not limited to machine learning, algorithmic training and model optimization and/or (d) use your data in aggregated, pseudonymized or anonymized form for commercial, strategic and product development purposes. Nothing in this license shall prejudice the mandatory rights of Users under the GDPR, the Data Act and/or applicable consumer protection laws.

7. Access to and Portability of Data by the user

7.1 Upon request, you have the right to obtain access, free of charge and without undue delay, to your data generated by the use of the App that are readily available within the meaning of the Data Act, including relevant metadata (the “Data”).

7.2 Access to the Data shall be provided in a structured, commonly used and machine‑readable format. Details on the procedure for submitting a data access or portability request are described in the document referred to in Article 6.3.

7.3 You may use the Data made available by TANITA upon your request for any lawful purpose and/or, to the extent that the Data are transferred to or can be retrieved by you, share the Data freely subject to the limitations in Article 7.4.

7.4 You undertake not to engage in (a) using the Data to develop a connected product that competes with the App and/or any Connected TANITA Product, nor share the Data with a third party for that purpose, (b) using such Data to derive insights about the economic situation, assets and production methods of TANITA, (c) using coercive means or abuse gaps in TANITA’s technical infrastructure which is designed to protect the Data in order to obtain access to Data and/or (d) sharing the Data with a third party considered to be a gatekeeper under Article 3 of Regulation (EU) 2022/1925.

7.5 You have the right to request TANITA to transmit the Data directly to a third party designated by you, where technically feasible and in accordance with the conditions of the Data Act.

7.6 Where Data qualify as personal data, granting access and/or transmission thereof shall take place only where a valid legal basis under the GDPR exists. The execution of the request may be subject to proportionate technical safeguards designed to protect security and trade secrets of TANITA.

7.7 TANITA shall not use data generated through the use of the App for purposes other than providing the Services, unless such use is (a) strictly necessary for the performance of the agreement between TANITA and you, (b) required by applicable law, or (c) pursuant to and in accordance with the license mentioned in Article 6.7 or any other explicit, separate contractual license granted by the User for clearly specified purposes. Any such contractual license shall be without prejudice to the requirements for consent under article 9 GDPR, where applicable.

7.8 Nothing in this Article 7 shall be construed as restricting, excluding or otherwise undermining any statutory rights of Users under the Data Act, including the rights laid down in Articles 4 and 5 thereof.

7.9 Termination of use shall not affect the User’s statutory rights of access to data already generated or made available under the Data Act.

8. Intellectual Property Rights of TANITA

8.1 All intellectual property rights relating to the App, including but not limited to the source code, content, algorithms, interfaces and designs, are owned by or licensed to TANITA.

8.2 Subject to compliance with these Terms of Use, TANITA grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the App for personal purposes, which – if you have an admin or staff member account on behalf of an Institute – also includes the use of the App in accordance with the agreement entered into by the Institute for that purpose.

8.3 You agree not to take any actions that infringe or could reasonably be expected to infringe the intellectual property rights of TANITA or its licensors as described in these Terms of Use.

9. Liability

9.1 Although the App and the information contained within the App is made or rendered with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information contained in the App is completely at your own risk. The App does not provide medical advice and is not intended to diagnose, treat, cure or prevent any disease. Any analyses, insights or recommendations generated by the App are for informational and wellbeing purposes only and do not replace professional medical advice.

9.2 The App and its content is provided ‘as is’. We cannot guarantee that the App and its content will be free from errors, defects, bugs or viruses, or that it will be available without interruption. Nor do we give any guarantee, explicit or implicit, regarding the functionality of the App or any content thereof.

9.3 TANITA shall not be liable for any direct or indirect damage resulting from incorrect, incomplete or misleading data entered into the App by you or the Institute, or from using the App contrary to these Terms of Use or its intended purpose. Nor shall TANITA be liable for any direct or indirect damage arising from or in connection with the downloading, installation and/or use of the App or the availability of the App. Indirect damages include, but are not limited to: consequential damages, system/computer malfunctions, loss and/or corruption of data, and lost savings.

9.4 If it is established in court that TANITA is not entitled to invoke the limitation of its liability in accordance with the provisions of this Article 9 of the Terms of Use, then TANITA’s liability – regardless of the legal basis thereof – towards any User of the App shall be limited to an amount of € 500 (in words: five hundred euros) per incident. Mandatory consumer protection laws and non‑excludable statutory liabilities remain unaffected.

9.5 The limitation of TANITA’s liability as set out in this article 9 of the Terms of Use shall not apply where the damage results from willful misconduct or gross negligence on the part of TANITA or its managerial personnel.

10. Termination

10.1 You may stop using the App at any time (including if a modification materially adversely affects the use of the App). Stop using the App will terminate your agreement with TANITA in that respect, notwithstanding your obligations mentioned in Article 3 of these Terms of Use.

10.2 TANITA may limit, suspend or terminate access to the App in case of material breach of these Terms of Use or applicable law, notwithstanding its right to claim damages resulting from the aforementioned breach. In any event may TANITA without being liable to pay any damages modify, suspend or terminate the App (and thus terminate its agreement with you) subject to a notice period of one (1) month.

11. Final Provisions

11.1 These Terms of Use are governed by Dutch law.

11.2 Complaints regarding the App or these Terms of Use can be submitted via the contact details mentioned in Article 11.1. TANITA shall handle complaints within a reasonable period.

11.3 Disputes shall be submitted to the competent courts of Amsterdam, unless mandatory law provides otherwise. Submission of a dispute in accordance with this Article does, however, not affect your right to lodge a complaint with the national competent authority designated in accordance with Article 37 of the Data Act, or the right of any party to seek an effective remedy before a court or tribunal in its member state.

11.4 If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. TANITA and you shall replace such provision by new ones being valid and/or enforceable, covering as far as possible the original intentions of the Terms of Use as to the legal and economical contents.

11.5 In the event of any inconsistency between these Terms of Use and other documents, these Terms of Use shall prevail, unless explicitly stated otherwise.

The current version of these Terms of Use was published on 8 May 2026.