Terms of Use

End User License Agreement

Preamble

This License Agreement ("Agreement") with the end user (the "User") governs, together with the Privacy Policy, the terms and conditions for the use of the services and solutions offered by Come Stai S.p.a. (hereinafter Come Stai), provided through the comestai application (the "Application" or "APP") as well as the rights, obligations, responsibilities and matters relating to the services made available by the APP itself.

In particular, the services provided by the Application, concerning the User's health in the field of prevention, consist, among other things, of the monitoring of certain vital parameters ("Come Stai Analysis") and of any material generated by the App, such as reports, images, texts, documents (better described below), ("Come Stai Materials"), (collectively the "Services").

Please read these terms and conditions of Service (the "Terms") carefully, as they govern the use of the Come Stai Services and create a binding contract between the User and Come Stai.

It is necessary to accept these terms in order to access and use the Application.

In order to use the application, it is necessary to accept the application's Terms of Use, which will become effective immediately ("Effective Date").

In the event of non-acceptance of the Terms, it will not be possible to use the Application.

Account

Use of the Services is intended for adults. The User is responsible for all activities that occur in connection with their account. Come Stai is not liable for any losses (as defined below) caused by the failure to maintain the confidentiality of the User's account credentials.

User Data

Any information or data submitted by the User through the Services or collected by the Services (including, without limitation, the User's e-mail address, weight, height and sex, etc.) (collectively, the "Information") may be used, stored and transferred by Come Stai in accordance with the data protection policy, available at the following link: Privacy Policy ("Personal Data Processing Notice"). Users are invited to review the Personal Data Processing Notice, as it is an integral part of these Terms. Except as expressly otherwise provided in these Terms, the User is solely responsible for all information provided.

User Obligations

Among the other requirements of these Terms, the User is required to comply in all respects with the instructions relating to the use of the Come Stai Services, specified in the documentation published on the website www.comestai.io: https://www.comestai.io ("Website") or present in the Application, including but not limited to our Personal Data Processing Notice and other requirements relating to the equipment necessary for the use of the Services (which may include, but is not limited to, a supported mobile device and adequate internet access). The User is solely responsible for the consequences arising from failure to comply with the instructions.

License

Pursuant to this Agreement, Come Stai grants to the User, who accepts it, a free, limited and non-exclusive, revocable, non-transferable licence, which may not be sublicensed, for the use of the application, subject to these Terms, exclusively for the purpose of installing and accessing the Application. Access to the services present in the comestai app is subject to payment unless otherwise specified.

Prohibited Uses

Use of the App for any purpose other than those intended is expressly prohibited. The User, by way of example and without in any way limiting Come Stai's rights to take legal action against the User, may not perform, attempt to perform, encourage or assist others in performing any of the following:

1. connect to or access any part of the Services outside the use of the interfaces provided by the Services;
2. access non-public areas of the Services;
3. test the vulnerability of the Services, breach any security or authentication measure, circumvent any technological measure implemented by Come Stai or by any of its suppliers to protect the Services, or publish or disseminate any report or analysis relating to the Services;
4. decompile, disassemble, decode, tamper with or attempt to derive the source code of any part of the Services;
5. copy, adapt, modify, or prepare derivative works based on the Services, the Come Stai Materials or the Come Stai Analysis;
6. distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise dispose of the Services, the Come Stai Materials, the Come Stai Analysis or any part thereof in a manner not explicitly permitted by this document.

Updates and Support

Come Stai will make commercially reasonable efforts to make the Services available at all times.

Come Stai reserves the right, at its sole and exclusive discretion, to modify or update the App for security, legal, best practice or regulatory reasons. Any such changes, as well as any intellectual and industrial property rights therein, shall be the exclusive property of Come Stai.

Warranty Limitations

The App and the licensed Services are provided as is and in the condition in which they are available, with all associated risks, without any warranty whatsoever. Any warranty provided in this Agreement shall not apply to the extent that: a) the Services have been used in a manner not compliant with these Terms and/or any other applicable terms; b) including, in particular and without limitation, where the Services have been modified, altered or repaired by any party other than Come Stai.

Come Stai provides no warranty regarding the accuracy and completeness of statistics, parameters, data or information monitored and/or displayed through any of the Services, such as, for example, the Come Stai Analysis. The Services and, in particular, the comestai Check are not intended to diagnose, treat, monitor, cure or prevent any disease, and are not intended to match or replace (a) any service or information produced by medical or scientific measuring devices; and/or (b) any diagnosis made by the User or by their physicians relating to the consumption of medication or any other medical parameter; and/or (c) any services or treatments provided by physicians and other healthcare professionals. Furthermore, Come Stai does not guarantee that the Services will meet requirements and/or any medical or regulatory standards, or that they will be available uninterrupted, secure or error-free. The User acknowledges and agrees to rely on any Service, including without limitation the comestai Check, solely at their own risk.

Come Stai shall therefore not be liable for any errors or omissions, injuries, expenses, losses or damages caused, in whole or in part, by acts or omissions of the User or of third parties, or by negligence, as further specified in the "Limitation of Liability" section below. Without derogating from the foregoing, the User acknowledges that the Services may be compromised or may produce inaccurate or erroneous results (including, without limitation, the comestai Check) due, without limitation, to (a) the User providing incorrect details; and/or (b) use of the Application when it is not updated with the latest available update; and/or (c) use of the Application other than as indicated by Come Stai.

Limitation of Liability

Come Stai disclaims all liability for a) any damage or loss of any nature whatsoever caused to or suffered by the User as a result of accessing, using and executing the App and/or the Services (including, by way of example and not limitation, the installation of the App and any damage caused to the User's device as a result of such installation), b) any damage or loss of any nature whatsoever due to the unavailability of the App or the Services, c) any damage or loss resulting from the failure to update or correct errors or bugs that may be present in the App, d) malfunctions, breakdowns or difficulties in using the App and the related Services, including without limitation any communications lost, stolen, or sent to incorrect addresses, e) any errors or omissions, injuries, expenses, losses or damages caused, in whole or in part, by acts or omissions of the User or of third parties, or by negligence.

Come Stai shall not be liable for damages, losses, liabilities or claims: a) arising from false or inaccurate information provided by the User, b) arising from the User's failure to comply with the obligations incumbent upon them, c) resulting from illegal and unauthorised access to, or use of, the device by third parties, d) resulting from incorrect and inaccurate information caused by the User or by third parties such as to compromise the Services offered by Come Stai or to produce erroneous or inaccurate results, or from any technical or human error that may occur in the processing of data connected to the use of the App and the Services.

In no event shall Come Stai, its affiliates, officers and/or employees be liable for a) any incidental, special, punitive or consequential damages, costs, losses or expenses, including without limitation loss of profits, data and/or goodwill arising from or in connection with the Services and/or the User's or third parties' reliance on the Services (including the Come Stai Analysis), b) any damage, loss and/or expense arising from or connected with the User's or third parties' reliance on the Services (including without limitation the comestai check).

Without derogating from the foregoing, Come Stai shall have no liability for any inaccuracies, performance failures, breaches, unavailability and/or losses arising from, or in connection with, any external third-party service on which the Services rely (including, by way of example and not limitation, failures relating to hosting services) and/or, in general, from causes beyond Come Stai's reasonable control, including, by way of example and not limitation, failures of electronic devices, the internet or bluetooth, failures of the network or of computer equipment, power supply failures or acts of third-party service providers.

With this clause, Come Stai does not intend to circumvent the provisions of applicable law, nor to exclude liability in cases where it cannot be excluded under such law.

Come Stai shall not be liable to the User for any unintended or improper use of the App and of the Services granted under licence, and shall not be liable for any failure to perform the Services caused by the User's device, by its incompatibility with the App or with the licensed Services, by its malfunction, or for any other reason beyond Come Stai's control.

Indemnification

The User agrees to indemnify and hold harmless Come Stai, its affiliates and their respective officers and/or employees from any liability and from any loss (the term losses includes, without limitation, reasonable legal expenses) incurred as a result of any cause, claim or third-party proceeding arising from, or connected with, the User's breach of these terms.

Come Stai's Rights

The entire App, that is, all the elements comprising it (texts, images, trademarks, logos, software files, colour combinations, services, etc.), are protected under intellectual and industrial property law, and the User has no right to exploit, reproduce, distribute, modify, communicate publicly, assign or transform them, nor to disclose them in any manner not expressly authorised by Come Stai. Any and all intellectual property rights over the App and the elements referred to above are the exclusive property of Come Stai and/or its licensors. Come Stai retains all rights, titles and interests, including, by way of example, all patents, copyrights, trade secrets, trademarks and any other intellectual property right (whether registrable or not) relating to the Services, to the Come Stai Materials (meaning any name, text, graphics, image, music, audio, video, work of authorship, name and symbol of any kind, as well as information or other materials generated, displayed, provided or otherwise made available through the Services), and to the technology, know-how and any other intellectual property (including, by way of example, any software) underlying the Services, including, by way of example, improvements, updates, bug fixes or other modifications thereto, and any derivative work based thereon. The User's access to the App or the Services does not confer on them any ownership right or any other type of right over the App, its contents, the Services or the underlying source code, except for the permitted use of the App and the Services. Come Stai reserves the right to take any legal action against the User in the event of a breach by the latter of any intellectual or industrial property right.

Without derogating from the foregoing, as between the User and Come Stai, the latter shall be the sole and exclusive owner of all rights relating to all feedback provided by the User and to all ideas, inventions and/or improvements (whether or not protectable by any intellectual property protection) conceived or derived from, or resulting from or incorporated in, such feedback ("Feedback"). By this Agreement, the User irrevocably assigns to Come Stai all rights they may have in such Feedback and, to the extent such rights cannot be assigned, the User grants Come Stai a free, perpetual, worldwide, exclusive and irrevocable right to use such Feedback for any purpose, including commercial purposes.

Right of Withdrawal

These Terms apply, with respect to the right of withdrawal, to contracts concluded remotely through the shop on the comestai.io Website.

Term. The User has the right to withdraw from the contract within 14 days from the date of purchase, without giving any reason.

How to exercise it. To exercise the right of withdrawal, the User must send a written communication to info@comestai.io before the 14-day term expires and, in any case, before using the code received following the purchase. For this purpose, the User may use the standard withdrawal form available on the Right of Withdrawal page.

Refund. In the event of withdrawal, Come Stai will refund the full amount paid within 14 days of receiving the withdrawal communication, using the same payment method used by the User for the initial transaction.

Forfeiture of the right. The right of withdrawal lapses once the User uses the code received following the purchase (by scanning the QR code or entering the code in the App), the User having given, at the time of purchase, express consent to the immediate performance of the Service, pursuant to Article 59, paragraph 1, letters a) and m), of the Italian Consumer Code (Legislative Decree No. 206 of 6 September 2005).

Termination

The Terms shall enter into force as of the date of execution of this Agreement and until its termination.

The User may terminate this Agreement and, therefore, the Terms and the Services (and the related subscription periods), by submitting a request to cancel their account or by sending Come Stai a written request for termination of the Agreement, in accordance with the "Communications" section below, thereby ceasing use of the Come Stai Services; accordingly, as applicable, these Terms and the applicable Services shall terminate immediately upon cancellation of the account or upon receipt by Come Stai of the termination request. Cancellation is irrevocable.

Come Stai may, at its sole discretion, terminate this Agreement and, therefore, the Terms and/or cease to provide the Services or part of them at any time for convenience or due to inability to continue providing the Services, upon 7 days' written notice.

In the event of termination of this Agreement, for any reason, all rights granted to the User shall cease immediately and the User must immediately cease any use of the Services.

The User acknowledges that, following termination, any information relating to or made available to the User through the Services will no longer be available to the User through the Services or otherwise made available to the User by Come Stai, and therefore Come Stai shall have the right to destroy such information or data.

Notwithstanding the foregoing, all provisions of this Agreement which by their nature are intended to survive termination shall not be affected or prejudiced by such termination.

Confidential Information

Come Stai and the User agree to keep confidential and to use solely for the purpose of performing, or as otherwise permitted by, this Agreement, all proprietary or confidential information of the other party disclosed pursuant to the Agreement that is marked as confidential or that is identified at the time of disclosure as confidential or that could reasonably be considered to be of a confidential or proprietary nature ("Confidential Information").

The confidentiality obligation shall not apply to information that: (i) is available to the general public through authorised disclosure; (ii) is known to the receiving party at the time of disclosure, as demonstrated in writing; (iii) has been lawfully obtained from a third party who has the right to disclose it; (iv) must be disclosed pursuant to clear provisions of law, regulation, an order of a Public Authority, or a request for disclosure (provided that the receiving party gives the other party written notice thereof prior to such disclosure and that such party has the opportunity, at the expense of the objecting party, to take legal action to resist or limit such request). Without derogating from the foregoing, the User acknowledges and agrees that the Services and any Come Stai Material shall be considered Confidential Information of Come Stai. The receiving party shall use a standard of care no less than reasonable to safeguard the Confidential Information received from the disclosing party.

The receiving party shall use the disclosing party's Confidential Information exclusively: (a) to exercise its rights and fulfil its obligations under this Agreement; (b) as otherwise required by law.

Upon termination of this Agreement, the User and Come Stai shall delete all of the other party's Confidential Information and all copies thereof in their possession, custody or control, unless otherwise expressly provided in this Agreement.

The parties agree that disclosure by the receiving party of Confidential Information, except as provided herein, may cause irreparable harm for which a monetary remedy may be inadequate. The parties further agree that, in the event of such disclosure or threatened disclosure, the disclosing party may be entitled to seek an injunction to prevent the breach or threatened breach, in addition to the remedies otherwise available to the disclosing party at law or in equity.

Amendments

Come Stai reserves the right to amend, in whole or in part, this Agreement, as well as to add conditions to supplement it. Amendments will be published on the website and/or on the Application or in any other manner deemed appropriate. Any amendment shall take effect immediately upon notification or publication. The User may consequently decline the new terms by ticking the relevant box in the app. Non-acceptance of the terms shall preclude use of the services. Come Stai may modify, suspend or discontinue, at any time and even without notice, temporarily or permanently, any feature or component of the App and of the Services provided, without incurring any liability towards the User, except as explicitly specified in this Agreement.

Force Majeure

Neither party shall be held liable to the other party for any delay in performance or for failure to perform this Agreement (except for any payment obligation) due to any act, omission or condition beyond the reasonable control of the party concerned.

Governing Law and Jurisdiction

This Agreement shall be governed by Italian law, except as expressly provided herein and except for any principle of private international law that would require the application of the laws of a different jurisdiction. The User agrees that, for any dispute relating to this Agreement or to the rights and obligations provided for therein, the competent court shall be that of the User's place of residence/domicile.

General Terms

The headings used in this Agreement are used for reference purposes only and do not affect the interpretation or meaning of the terms and provisions contained in the Agreement itself.

This Agreement constitutes the entire agreement between the parties regarding the use of the Services (except as explicitly specified in this Agreement) and supersedes any prior agreement, understanding or arrangement between the User and Come Stai, whether written or oral, in this regard. A party's waiver of any breach or default of any provision of this Agreement shall not constitute a waiver of other provisions or of any other right provided for in this Agreement, nor a waiver of any subsequent breach or default. Unless expressly stated otherwise, all remedies provided for in this Agreement are cumulative and do not exclude other remedies provided by law. Should any provision of this Agreement be held invalid, unenforceable or unlawful by a court or an administrative body of competent jurisdiction, the other provisions shall remain in full force and effect.

This Agreement confers no rights on third parties. The User may not, without the prior written consent of Come Stai, assign, transfer or subcontract this Agreement and/or any right or obligation thereunder, and any unauthorised assignment shall be void. Come Stai may, at any time, freely assign, transfer or subcontract this Agreement or all of its rights or obligations.

Communications

Any communication required or permitted under this Agreement must be sent in writing:

• if to Come Stai, by e-mail to the following address: info@comestai.io and
• if to the User, by e-mail to the e-mail address with which they registered to use the Come Stai Services.

Communications shall be deemed received within 1 business day in the region in which Come Stai operates.

Last updated: July 12, 2026