Effective Date:

January 1, 2026

Product:

heartcheckapp (“App”, “Chat”, or “Service”)

Name and Address of the Accountable Entity:

CardivAI GmbH

Am Euro Platz 2, Gebäude G

A-1120 Vienna, Austria

Legal Form:

Limited Liability Company

Commercial Register Number:

FN 451769t

Value Added Tax Identification Number:

ATU 71002719

Commercial Register Court:

Vienna, Austria

Jurisdiction:

Judge of District Offices of 12th District of Vienna

1. Scope and Acceptance

• 1.1 These Terms and Conditions (“Terms”) govern your use of the heartcheckapp chat service, websites, mobile platforms, and wellness report product, including any associated payment via Stripe and the delivery of your report by email.
• 1.2 By using heartcheckapp, initiating payment, or continuing the chat, you agree to be bound by these Terms and acknowledge that you have read and understood them.
• 1.3 If you do not agree, you may not use the Service.

2. Nature of the Service

• 2.1 heartcheckapp is an AI-powered educational and wellness information tool. It is not a medical device, does not provide medical diagnosis, and must not be used for medical decision-making or treatment.
• 2.2 The Service is intended solely for general wellness education. Always consult a qualified medical clinician before making any healthcare decisions.

3. AI Model and Accuracy

• 3.1 heartcheckapp uses Anthropic’s Claude Sonnet 4.5 generative AI model to assist with wellness and educational dialogue.
• 3.2 While the model is designed to follow ethical guidelines emphasizing safety, helpfulness, and transparency, AI-generated information may be incomplete, inaccurate, or inappropriate for your personal circumstances.
• 3.3 CardivAI GmbH makes no warranty that the AI model will produce clinically correct, complete, or reliable results. The Service is provided strictly “as-is” for informational purposes only.

4. Payment and Delivery

• 4.1 Payment for your heartcheckapp wellness report is processed securely through Stripe, a third-party payment processor.
• 4.2 Before completing payment, you must confirm that you have read and accepted these Terms.
• 4.3 Upon successful payment, your personalized Wellness Report will be generated and sent to the email address you provided.
• 4.4 All prices include applicable taxes unless stated otherwise.
• 4.5 Payments are non-refundable once the report has been generated.

5. Data Protection and Privacy

5.1 CardivAI GmbH complies with the General Data Protection Regulation (EU 2016/679) (“GDPR”) for EU users and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for US users.

5.2 Data handling principles:

• Personal Identifiable Information (“PII”) and Protected Health Information (“PHI”) are removed, anonymized, and compartmented separately from any sensitive medical data.
• All information is processed using Amazon Comprehend Medical (HIPAA-eligible service) and stored securely in encrypted AWS environments.
• You may request deletion of your data at any time by contacting support@heartcheckapp.com.

5.3 Cross-border data transfers are safeguarded under Standard Contractual Clauses or other approved legal mechanisms.

5.4 For more details, please refer to the Privacy Policy, which forms part of these Terms.

6. User Obligations

6.1 You agree to:

• Provide truthful information during chats and uploads.
• Use the Service only for personal wellness and educational purposes.
• Not misuse, copy, or reverse-engineer the Service.
• Not attempt to provide or solicit clinical diagnosis, prescriptions, or treatments through the App.

6.2 You represent that you are at least 18 years old and legally able to enter into this agreement.

7. Limitation of Liability

7.1 To the fullest extent permitted by law:

• CardivAI GmbH, its affiliates, and service providers shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, income, profits, or reputation, arising from the use or inability to use heartcheckapp.
• The total aggregate liability of CardivAI GmbH for any claim arising from the Service shall not exceed the amount paid by you for that specific Service.

7.2 The Service does not replace a relationship with a healthcare professional. You acknowledge that you use it at your own risk.

7.3 CardivAI GmbH expressly disclaims liability for:

• Any interpretation, reliance, or use of AI-generated responses;
• Any decision or action taken based on information from the Service;
• Technical errors, interruptions, or loss of data.

8. Regulatory Compliance

• 8.1 The heartcheckapp complies with applicable data protection and consumer laws, including the EU GDPR, EU AI Act (where applicable), and HIPAA for U.S. users.
• 8.2 The product is not classified as a Class II medical device under the EU Medical Device Regulation (EU 2017/745).
• 8.3 The Service’s AI components are monitored and audited for ethical use, transparency, and compliance.

9. Intellectual Property

All content, design, source code, text, graphics, and logos within heartcheckapp are the property of CardivAI GmbH and protected by copyright and trademark law. You may not reproduce, distribute, or modify any part of the Service without prior written consent.

10. Termination

CardivAI GmbH may suspend or terminate your access at any time for violation of these Terms, misuse of the Service, or technical or legal reasons. Sections 5–9 shall survive termination.

11. Governing Law and Jurisdiction

• 11.1 These Terms are governed by the laws of Austria.
• 11.2 EU users may have mandatory consumer protection rights under their local law.
• 11.3 Non-EU users agree that any dispute shall be subject to the exclusive jurisdiction of the courts of Austria.

12. Acknowledgment and Consent (for Stripe Payment)

By ticking the checkbox and proceeding with payment, you confirm that:

• You have read and accepted these Terms and Conditions;
• You understand that heartcheckapp provides educational information only;
• You agree that CardivAI GmbH’s liability is limited as set out above;
• You consent to the processing of your data in compliance with GDPR and HIPAA requirements.

13. Account Creation and Sign-In Consent

By creating an account or signing in to heartcheckapp, you expressly acknowledge and agree to these Terms and Conditions and the accompanying Privacy Policy. You consent to the processing of your personal data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR) and, where relevant, the U.S. Health Insurance Portability and Accountability Act (HIPAA). You understand and accept that the heartcheckapp chat and wellness report are intended solely for educational and wellness purposes, are not medical devices, and do not provide diagnosis, treatment, or clinical decision support. By proceeding, you confirm that you have read and understood the disclaimers, that you use the Service at your own discretion and risk, and that CardivAI GmbH’s liability is limited as described in these Terms.