Terms of Service

In short

Octo Health organizes your health information on a timeline you own, and generates wellness guidance from it. Octo Health is not a healthcare provider and does not give medical advice. Laboratory work is performed and reviewed by independent licensed professionals, not by us. Memberships renew automatically and you can cancel at any time to stop the next renewal. Your record is yours: export it or delete it whenever you want. If you want to understand Octo Health’s privacy practices, please review the Privacy Policy, which explains how we process your personal data, and our Cookies Policy.

IF YOU THINK YOU MAY BE HAVING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY: 112 (THE EUROPEAN EMERGENCY NUMBER). OCTO HEALTH IS NOT AN EMERGENCY SERVICE AND IS NOT MONITORED IN REAL TIME. OUR SUPPORT STAFF ARE NOT CLINICIANS.

Your statutory right of withdrawal is set out in Section 20, and how complaints and disputes are resolved is set out in Section 18.

Who you are contracting with

Your agreement is with OCTO HEALTH S.A., a Portuguese public limited company (sociedade anónima) with registered office at Avenida da Torre de Belém, n.º 19, 1400-342 Lisboa, Portugal, registered with the Commercial Registry Office under the single registration and tax identification number 516486063, with a share capital of EUR 50,000 (email: hello@octohealth.com; telephone: +351 960 462 402). In these Terms, “Octo”, “Octo Health”, “we” and “us” refer to that company. The regional section below sets out the rights that apply where you live.

Everything up to the regional section applies to everyone. Where the regional section conflicts with anything earlier, it wins for the region it covers.

1. What Octo Health is, and what it is not

1.1 Octo Health is a technology company that provides a web-based and mobile application (collectively, the “App”) designed to help you organize, access and manage your health information, including medical records, laboratory results, data from connected wearable devices, medication information and other health-related data, in a consolidated timeline. The App also provides AI-generated information and general wellness guidance based on your health information (collectively, the “Services”).

1.2 Octo Health is not a healthcare provider, licensed medical practitioner, clinical laboratory, pharmacy or healthcare facility, and does not itself provide medical advice, diagnosis, treatment or prescriptions. The information, insights, notifications and AI-generated content made available by Octo Health through the App are intended for general information and wellness purposes only and do not constitute medical advice or replace the assessment, advice or care of a qualified healthcare professional.

Laboratory tests made available through the App are performed, and their results validated, by independent, legally qualified healthcare professionals, in accordance with applicable law. Octo Health does not perform or clinically validate laboratory tests.

You should not disregard, delay seeking or replace professional medical advice on the basis of information or AI-generated content provided by Octo Health through the App. If you have concerns about your health or laboratory results, you should consult a qualified healthcare professional.

2. The App

2.1 You can upload records and documents, connect wearable devices and other supported data sources, view your health information in a consolidated timeline, track biomarkers, medications, symptoms and habits, and receive AI-generated insights and general wellness guidance. You can also export or share your health information, subject to the functionalities available in the App and applicable law. The features and services included in each membership tier are described before you subscribe and at checkout.

2.2 Octo Health may update the App and the Services from time to time, including to maintain their security, functionality and conformity with applicable legal requirements. We will provide the updates, including security updates, necessary to keep the Services in conformity with the contract, in accordance with applicable law.

We may also modify the Services beyond what is necessary to maintain their conformity, provided that such modifications are permitted under applicable law, are made for a valid reason specified in these Terms (including technological improvements, security enhancements or changes in legal or regulatory requirements) and do not result in additional costs to you.

Where a modification negatively affects your access to or use of the Services in more than a minor way, we will inform you, reasonably in advance and on a durable medium, of the nature and timing of the modification and of your right to terminate the contract free of charge within 30 days of the later of receiving that information or the modification taking effect, in accordance with applicable law.

Where you exercise this right, we will reimburse any amounts due in accordance with applicable consumer protection law.

New features may be subject to additional terms or consents, where legally required, which will be presented to you before you use them. Any changes to your membership conditions, including pricing, will be governed by the relevant provisions of these Terms and applicable law.

3. Lab testing and who performs it

3.1 Certain features of the App allow you to access laboratory testing services provided by independent, duly authorized healthcare providers and legally qualified professionals. These providers and professionals exercise their own independent clinical and technical judgment and are responsible for the healthcare services they provide. Octo Health does not itself provide medical services, prescribe laboratory tests or direct clinical decisions. Your use of the App does not, in itself, establish a doctor-patient relationship between you and Octo Health.

3.2 In Portugal, Octo Health facilitates access to certain laboratory tests performed by Centro de Medicina Laboratorial Germano de Sousa, S.A. (the “Laboratory”), through the predefined testing options made available in the App.

You may select the available tests or testing panels on your own initiative, subject to any medical prescription, clinical assessment or other requirements applicable to the tests concerned. Octo Health does not prescribe laboratory tests or provide individualized clinical recommendations as to which tests you should undergo.

Octo Health facilitates the submission of your request to the Laboratory and makes the laboratory results available through the App, once released by the Laboratory.

The Laboratory is responsible for the collection and analysis of samples, the technical and clinical validation of results, as applicable, and the management and communication of clinically significant findings, in accordance with applicable law and its professional protocols.

The availability and performance of laboratory tests are subject to the applicable legal and clinical requirements and to the Laboratory's acceptance of the request.

3.3 Before submitting a laboratory test request, you will be provided with the relevant information regarding the laboratory services, the roles of Octo Health and the Laboratory, and the processing and sharing of your personal data.

Where required by applicable law, you will be asked to provide the relevant authorizations and consents, including any explicit consent required for the processing of your health data and the disclosure of laboratory results to Octo Health.

The processing of your personal data by Octo Health and the Laboratory is further described in the applicable privacy notices. Where an authorization or consent is necessary for a particular service or processing activity, that service or activity cannot be provided without it.

3.4 Laboratory testing services are currently available in Portugal, at the collection centers and under the conditions indicated in the App. The availability of specific tests or panels may vary according to the Laboratory's services and applicable legal or clinical requirements.

Any future availability of laboratory testing services in other countries will be subject to the applicable local legal and regulatory requirements and to the terms and information provided to users before accessing those services.

4. Accessibility

4.1 Octo Health adopts measures designed to ensure the accessibility of the App to users, including persons with disabilities and persons with functional limitations, in accordance with applicable legal requirements.

4.2 The App has been designed and is maintained with reference to applicable accessibility legislation and recognized technical standards, including Directive (EU) 2019/882 of the European Parliament and of the Council, Decree-Law No. 82/2022, of 6 December, and Ordinance (Portaria) No. 220/2023, of 20 July. The Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, are also used as a technical reference. These measures aim to make the main user journeys, including registration and authentication, subscription to services, ordering tests and payment, where available, as well as consulting and organizing medical records, entering and updating health data and preparing medical appointments, perceivable, operable, understandable and robust.

4.3 In particular, Octo Health has implemented accessibility measures relating to color contrast, text resizing through browser zoom, keyboard navigation and visible keyboard focus, identification and labeling of interactive elements, and text alternatives for non-text content.

4.4 The App has been developed taking into account compatibility with commonly used assistive technologies, including screen readers. Form validation and error messages are designed to identify the relevant fields and communicate errors in a manner accessible to users of screen readers.

4.5 Where multimedia content is made available through the App, Octo Health will provide the accessibility features required under applicable law, taking into account the nature of the content, including captions, transcripts or audio descriptions, as applicable. The App is also designed to avoid flashing content that may trigger photosensitive reactions and to respect users' reduced-motion preferences, where supported by their devices or operating systems.

4.6 Octo Health is committed to monitoring and improving the accessibility of the App, taking into account accessibility issues identified or reported by users, developments in recognized accessibility practices and applicable legal requirements, and implementing appropriate corrective measures where necessary.

4.7 Where third-party content, services or functionalities are integrated into the App, Octo Health will take into account the accessibility requirements applicable to such integrations, without prejudice to its obligations under applicable law.

4.8 If you encounter accessibility barriers, require information in an alternative accessible format or wish to report an accessibility issue, you may contact Octo Health at hello@octohealth.com. Octo Health will review the requests received, provide appropriate information on their follow-up and take corrective action where required by applicable law.

4.9 Information on the accessibility of the App, including its accessibility features, any identified limitations and the available contact channels, will be made available in an accessible format through the App or Octo Health's website, in accordance with applicable legal requirements.

5. About laboratory results

Laboratory test results are produced and validated by the laboratory's legally qualified professionals, under the laboratory's own clinical and technical responsibility. Octo Health does not perform laboratory tests or clinically validate their results and is not responsible for the laboratory's clinical assessments or the accuracy of the results issued by the laboratory, without prejudice to Octo Health's own obligations and liabilities under applicable law.

The original laboratory report, as issued and validated by the laboratory, will be made available to you through the App. Octo Health is responsible for making that report available in accordance with the Services provided and applicable law.

Laboratory results may contain unexpected, unclear or distressing information. You may choose when to access your results through the App. If you have questions about their meaning or implications for your health, you should consult a physician or another appropriately qualified healthcare professional.

Where the App displays reference ranges or other information that differs from those provided by the laboratory, such information will be clearly distinguished from the laboratory's original results, and its source and nature will be identified. Such information is provided for general information purposes only and does not replace a clinical assessment by a qualified healthcare professional.

6. Your wellness guidance and AI-generated content

6.1 Octo Health uses artificial intelligence to analyze information from your health record and generate insights and personalized wellness guidance, including general information about your biomarkers, information that may be useful to track and general lifestyle guidance.

The provision of these features involves the processing of personal data concerning your health. Where Octo Health relies on your explicit consent for the processing of such data, that consent will be requested separately and in accordance with applicable data protection law, as further described in the Privacy Policy.

You may withdraw your consent at any time through the privacy settings available in the App, without affecting the lawfulness of processing carried out before its withdrawal. If you do not provide or subsequently withdraw a consent required for a particular feature, that feature may no longer be available to you. Any other features that do not depend on that consent will remain available, subject to the applicable membership conditions.

6.2 The insights, scores, protocols and other AI-generated content provided through the App are intended for general information and wellness purposes only. They do not constitute medical advice, diagnosis or treatment and are not intended to replace the assessment or recommendations of a qualified healthcare professional.

These features are not intended to be used for the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of diseases or other medical conditions, or to provide individualized clinical recommendations.

6.3 AI-generated content may contain inaccuracies, omissions or outdated information and may not always reflect your individual circumstances. The apparent detail or specificity of an AI-generated response does not necessarily indicate that it is accurate or clinically appropriate.

You should not rely on AI-generated content as the sole basis for decisions concerning your health and should consult a qualified healthcare professional before acting on information that may have implications for your health.

The AI-generated insights and wellness guidance made available through the App are intended for your personal, non-commercial use. You must not sell, license or commercially distribute such content without Octo Health's prior authorization.

Nothing in this section excludes or limits any rights or remedies available to you under applicable law.

7. Eligibility and accounts

7.1 The App and memberships are available only to individuals aged 18 or over. By creating an account or using the Services, you confirm that you are at least 18 years old. If we become aware that an account has been created or is being used by a person under 18, we may suspend or terminate that account and take appropriate measures regarding the associated personal data, in accordance with applicable law. This does not affect any rights or remedies available under applicable law.

7.2 Your country of residence determines the regional terms applicable to your membership, subject to any mandatory consumer protection laws that may apply. The App will identify the applicable regional terms during registration, and the availability of specific features and services may vary depending on your country or location.

If you have an existing account under the United States version of these Terms and become eligible to use the European Services, you may be invited to migrate your account to Octo Health S.A. Before any migration takes place, you will be informed of the applicable contractual changes, the identity of the entity responsible for providing the Services, and any relevant changes to the processing of your personal data.

Where your account is migrated, Octo Health S.A. will become the contracting entity for the European Services and will act as controller of your personal data for the processing activities described in the applicable Privacy Policy.

Any transfer or other processing of personal data associated with the migration will be carried out in accordance with applicable data protection law, including any requirements relating to health data and international data transfers. Where your agreement or consent is legally required, it will be requested separately, as appropriate.

7.3 You must provide accurate and up-to-date identification and contact information, including your legal name and date of birth, where required for the provision of the Services or laboratory testing. You are responsible for ensuring that the information you provide is accurate to the best of your knowledge and for updating it where necessary.

You must keep your account credentials confidential and take reasonable measures to prevent unauthorized access to your account. If you become aware of any suspected or actual unauthorized use of your account, please notify us promptly at members@octohealth.com.

You are responsible for activities carried out through your account to the extent attributable to your actions or omissions. Nothing in these Terms excludes or limits Octo Health's responsibility for security incidents, unauthorized access or other losses where attributable to Octo Health under applicable law.

7.4 You may not use the Services where such use is prohibited by applicable sanctions or other mandatory legal restrictions. Any restriction or suspension of access on these grounds will be implemented in accordance with applicable law.

8. Membership, billing, renewal and cancellation

8.1 Membership plans and pricing. The available membership plans, their duration, prices, included features and services, and any applicable limitations are presented before you subscribe and at checkout. All prices are displayed in the applicable currency and include VAT and any other applicable taxes. Before completing your subscription, you will be informed of the total price payable, the applicable billing arrangements and any automatic renewal conditions.

8.2 Automatic renewal. Unless you cancel your subscription before the applicable renewal date, annual memberships automatically renew for successive one-year periods and monthly memberships for successive one-month periods, at the price applicable to the renewed membership, subject to applicable law.

We will inform you of the renewal date, the price applicable to the next membership period and the available cancellation options sufficiently in advance of renewal, in accordance with applicable law.

Any proposed price increase will be communicated to you at least 30 days before the renewal date. Where required by applicable law, the price increase or other contractual change will be subject to your express agreement or to the applicable termination rights.

You may prevent automatic renewal at any time before the renewal date using the cancellation methods described below.

8.3 Cancellation and termination. You may cancel the automatic renewal of your membership at any time through the App, under Account > Privacy & Legal > Delete Account, or by contacting us at members@octohealth.com. No telephone call or direct interaction with a representative is required.

Cancellation of automatic renewal prevents your membership from renewing at the end of the current membership period. Unless you exercise a separate statutory or contractual right to terminate the membership earlier, you will retain access to the Services included in your membership until the end of that period.

Nothing in this section limits your statutory rights to withdraw from or terminate the contract, including where the Services do not conform to the contract or where you are entitled to terminate following a modification of the Services.

8.4 Refunds. Membership fees are generally payable in advance for the applicable membership period. Cancellation of automatic renewal does not, by itself, entitle you to a refund for the remaining part of that period.

However, this does not affect your rights to a refund, reimbursement or price reduction under applicable law, including in connection with the exercise of a statutory right of withdrawal, lack of conformity of the Services, or termination in circumstances provided for by law.

Any refunds due will be processed in accordance with applicable legal requirements.

8.5 Included laboratory panels. Where your membership includes laboratory testing panels, the number and type of panels, their conditions of use and any applicable validity period will be clearly indicated before you subscribe.

Included laboratory panels are personal to you and, unless otherwise stated or required by applicable law, must be used within the membership period to which they relate. Unused panels do not automatically carry over to a subsequent membership period.

If an included laboratory panel cannot be provided for reasons attributable to Octo Health or the Laboratory, or because applicable legal or clinical requirements prevent its performance, you will be offered an appropriate remedy, which may include an alternative panel, a credit or a refund, as applicable and without prejudice to your statutory rights.

Panels bought as an add-on are personal to you and can be used while you have an active membership.

8.6 Payment failures and billing errors. If a payment cannot be processed, we may notify you and make reasonable further attempts to collect the amount due. Where payment remains outstanding, we may suspend access to the paid features of your membership, subject to applicable law and after providing appropriate notice.

If a pricing or billing error is identified, we will inform you and take the appropriate corrective measures, including any refund or adjustment required under applicable law. We will not charge you additional amounts without a valid contractual or legal basis.

9. Not insurance

Memberships are not health insurance and do not replace health insurance coverage. Membership fees are not insurance premiums, and Octo Health does not provide insurance services or submit claims to health insurers or public healthcare reimbursement schemes.

10. Your health record: access, export and data processing

10.1 You retain the rights provided by applicable law in relation to your personal data, including your health information and medical records.

While your account remains active, you may access and export your health information through the functionalities made available in the App, including, where supported, in a commonly used, machine-readable format. You may also share your information with third parties of your choice, subject to applicable law and the available functionalities.

You may request the deletion of your account and the erasure of your personal data at any time, subject to the conditions and exceptions provided for under applicable law, as further described in the Privacy Policy.

10.2 When your membership ends or you close your account, Octo Health will provide you with an opportunity to retrieve your health information, in accordance with applicable law.

Where your account remains accessible following termination of your membership, you may export your health information for a period of 30 days, unless a different period or arrangement is required by applicable law. After that, we delete it, except where the law requires us to keep certain information, as described in the Privacy Policy.

You may request the erasure of your personal data at any time through the App or by contacting members@octohealth.com. Such requests will be handled in accordance with applicable data protection law, including any applicable legal obligations to retain certain information.

Where erasure is required, Octo Health will delete or irreversibly anonymize the relevant personal data in accordance with its applicable retention and deletion procedures, including those relating to backup systems, as further described in the Privacy Policy.

10.3 Octo Health processes your personal data, including data concerning your health, in accordance with Regulation (EU) 2016/679 (GDPR), other applicable data protection laws and the Privacy Policy.

The purposes of processing, applicable legal bases, conditions for processing health data, retention periods and your rights are described in the Privacy Policy.

Octo Health may process personal data for the purpose of producing anonymized or aggregated information, where such processing is lawful under applicable data protection law. Information that has been effectively anonymized so that individuals are no longer identifiable, taking into account all means reasonably likely to be used, is no longer considered personal data under the GDPR.

Any processing of pseudonymized health data for scientific research purposes remains subject to applicable data protection law, including the requirements of Articles 6 and 9 of the GDPR and any applicable safeguards. Where Octo Health relies on your consent for such processing, that consent will be requested separately and may be withdrawn at any time, without affecting the lawfulness of processing carried out before its withdrawal.

11. Acceptable use

You agree not to misrepresent your identity; access another person's health information or account without lawful authorization; scrape, probe, disrupt or interfere with the Services or their security; reverse engineer, decompile or disassemble the App or its software, except to the extent permitted by mandatory applicable law; upload malicious code; use the Services for unlawful purposes or in a manner that infringes the rights of others; or resell or transfer your membership without our prior written consent.

You must not use the App or its software to develop a competing product through unauthorized access to, copying of or exploitation of Octo Health's protected software, confidential information or other intellectual property, without prejudice to any rights granted under mandatory applicable law.

We may suspend or restrict access to accounts where we have reasonable grounds to believe that these Terms have been breached, taking into account the nature and seriousness of the breach. Where appropriate and legally required, we will inform you of the reasons for the restriction or suspension and provide an opportunity to remedy the breach.

Nothing in this section limits your rights under applicable law.

12. Intellectual property and feedback

12.1 The App, including its software, design, interfaces and content, excluding your personal data, health records and content belonging to third parties, is owned by Octo Health or its licensors and is protected by applicable intellectual property laws.

Subject to your compliance with these Terms, Octo Health grants you a limited, personal, non-exclusive, non-transferable and revocable license to access and use the App for your personal, non-commercial purposes during your membership, without prejudice to your statutory rights.

Except as permitted by applicable law or necessary for the normal use of the Services, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform or otherwise exploit the App or its protected content without Octo Health's prior written authorization.

12.2 The Octo Health name, logos, trademarks, service marks and other distinctive brand elements are owned by Octo Health Technologies Inc. or their respective rights holders and are protected under applicable intellectual property laws.

Nothing in these Terms grants you any right to use such trademarks or brand elements, except as necessary for the normal use of the Services or as otherwise permitted by applicable law.

12.3 If you voluntarily provide Octo Health with feedback, comments, suggestions or ideas relating to the App or the Services ("Feedback"), you grant Octo Health a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt and incorporate such Feedback for the purposes of developing, improving and operating its products and services, to the extent that the Feedback is protected by intellectual property rights and you are entitled to grant such rights.

This license does not transfer ownership of your intellectual property rights to Octo Health and does not apply to your personal data or health information.

Please do not include personal health information or other sensitive personal data when submitting general product Feedback. Any personal data included in Feedback will be processed in accordance with the Privacy Policy and applicable data protection law.

12.4 If you believe that any content made available through the Services is unlawful or infringes your intellectual property rights, you may contact Octo Health at hello@octohealth.com, providing sufficient information to identify the content concerned and explain the grounds for your complaint.

Octo Health will review such reports and take appropriate action in accordance with applicable law.

Where Octo Health provides services falling within the scope of Regulation (EU) 2022/2065 (Digital Services Act), the relevant notice-and-action procedures and other applicable requirements under that Regulation will apply.

13. Third-party services

13.1 The Services may involve third parties, including independent clinical laboratories, healthcare professionals, wearable device providers, third-party integrations, payment processors, App Stores and other service providers. Certain services provided by these third parties may be subject to their own terms and conditions and privacy policies. Independent laboratories and healthcare professionals remain responsible for their own clinical and professional activities and decisions. Nothing in this section excludes or limits Octo Health's responsibility for the performance of its contractual obligations, including where third parties are engaged to perform those obligations, or any liability that cannot be excluded under applicable law.

13.2 The Services may contain links to third-party websites, products or services, or display content provided by third parties (collectively, "Third-Party Content"). Such links and content are provided for information and convenience. Unless expressly stated otherwise, Octo Health does not control or endorse independent Third-Party Content. Your use of third-party websites, products or services may be subject to the relevant third party's terms and privacy policies. Nothing in this section affects Octo Health's obligations under these Terms or applicable law.

13.3 Octo Health is not responsible for the independent acts or omissions of third parties outside its control, except where such acts or omissions relate to obligations for which Octo Health is responsible under these Terms or applicable law. In particular, Octo Health does not perform laboratory tests, clinically validate laboratory results or direct the professional decisions of independent healthcare providers. This does not affect Octo Health's responsibility for the proper performance of the Services it provides, including the transmission, processing and display of information through the App, in accordance with applicable law.

13.4 You may be held responsible, in accordance with applicable law, for losses directly caused to Octo Health by your culpable breach of these Terms or applicable law when using third-party integrations, including where you unlawfully disclose personal data or other protected information through such integrations. Nothing in this section limits your statutory rights or transfers to you responsibility for acts or omissions attributable to Octo Health or its service providers.

14. Apple App Store and Google Play

14.1 If you download or access the App through the Apple App Store or Google Play (each, an "App Store"), your use of the App is subject to these Terms, including the license granted under Section 12, and to the applicable terms and usage rules of the relevant App Store. The App is licensed, not sold, to you, and may be used on devices that you own or are authorized to control, in accordance with the applicable App Store rules and mandatory law.

14.2 These Terms are entered into between you and Octo Health, and not with Apple Inc. ("Apple") or Google LLC ("Google"). As between Octo Health and the relevant App Store operator, Octo Health is responsible for the App, its content, maintenance and support, and for the performance of its obligations under these Terms and applicable law.

14.3 Apple and Google have no obligation to provide maintenance or support services for the App, except to the extent required by their respective applicable terms or mandatory law. For assistance with the App or the Services, you may contact Octo Health at members@octohealth.com.

14.4 If the App fails to conform to any applicable warranty or statutory conformity requirement, you may exercise your rights against Octo Health in accordance with these Terms and applicable law. Where the App has been downloaded through the Apple App Store, you may also notify Apple of a failure to conform to an applicable warranty and, where provided for under Apple's applicable terms, Apple may refund the purchase price paid for the App, if any. Any such refund does not limit your statutory rights or Octo Health's obligations under applicable law.

14.5 As between Octo Health and the relevant App Store operator, Octo Health is responsible for addressing claims relating to the App or your possession and use of it, to the extent required under applicable law. These may include product liability claims, claims that the App fails to comply with applicable legal or regulatory requirements, and claims arising under consumer protection legislation. Nothing in this section excludes any responsibility that may be imposed on an App Store operator by mandatory law.

14.6 In the event of a third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, Octo Health, rather than the relevant App Store operator, will be responsible for investigating, defending, settling or otherwise addressing that claim to the extent required under these Terms and applicable law, without prejudice to any liability imposed on the App Store operator by mandatory law.

14.7 Where you download the App through the Apple App Store, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms in relation to your license to use the App and may enforce the relevant provisions against you, to the extent provided for under Apple's applicable terms.

14.8 You must comply with all applicable third-party terms when downloading, accessing or using the App, including the applicable App Store terms and usage rules. You must also comply with applicable trade restrictions, export controls and sanctions laws, to the extent relevant to your use of the App.

15. Communications and electronic signatures

15.1 Octo Health may send you communications necessary for the provision, administration and security of the Services, including account-related messages, payment receipts, renewal reminders, laboratory result availability notifications, service updates and security notices. Certain essential communications cannot be disabled while you maintain an active account, where they are necessary for the performance of the contract or compliance with applicable legal obligations.

Octo Health will send you marketing communications only where you have provided the required prior consent or where such communications are otherwise permitted by applicable law, including, where applicable, communications concerning products or services similar to those you have previously purchased, subject to the relevant legal conditions.

Where consent is required, it will be requested separately from your acceptance of these Terms and, as appropriate, for each communication channel, including email, SMS and push notifications.

You may withdraw your consent or object to receiving marketing communications at any time, free of charge, by using the unsubscribe mechanism provided in the communication or by contacting us at members@octohealth.com.

15.2 If you consent to receiving SMS communications, Octo Health may send messages to the mobile telephone number you provide, in accordance with your communication preferences and applicable law. Message frequency may vary, and standard messaging or data charges imposed by your telecommunications provider may apply.

You may withdraw your consent to marketing SMS communications at any time by following the opt-out instructions included in the message, where available, or by contacting members@octohealth.com. Your request will be processed without undue delay.

Consent to receive marketing SMS communications is not a condition of purchasing a membership or accessing the Services.

SMS communications may not provide the same level of confidentiality and security as communications made available through the App. Octo Health will take appropriate measures to protect personal data and will avoid including sensitive health information in SMS communications. Please do not send personal health information by SMS.

15.3 You agree that Octo Health may provide contractual information, confirmations and notices electronically, including through the App or by email, in accordance with applicable law.

Where permitted by law, your electronic acceptance of these Terms and other contractual documents may constitute valid evidence of your agreement and may have the legal effect of an electronic signature, subject to any applicable formal requirements.

Any consent required under data protection law, including explicit consent for the processing of health data where applicable, will be requested separately and in accordance with the relevant legal requirements.

Where applicable law requires information to be provided on a durable medium, Octo Health will make that information available in a format that satisfies the applicable requirements.

16. Warranties and statutory conformity rights

16.1 Octo Health provides the Services in accordance with these Terms and applicable law, including the statutory requirements relating to the conformity of digital content and digital services.

While Octo Health takes reasonable measures to ensure the availability, security and proper functioning of the Services, it does not guarantee that the App will operate without interruption or that all technical errors or disruptions can be prevented.

Nothing in these Terms excludes or limits any statutory guarantee, conformity requirement or consumer right that cannot lawfully be excluded or restricted.

16.2 Information made available through the Services may originate from different sources, including independent laboratories, healthcare professionals, wearable devices, third-party integrations and information uploaded by you.

Octo Health does not independently perform or clinically validate laboratory tests or guarantee the accuracy of information originating from independent third-party sources. However, this does not affect its responsibility for the proper performance of the Services it provides, including the processing, transmission and display of information through the App, in accordance with applicable law.

AI-generated insights, scores, recommendations and other automated content may contain inaccuracies, omissions or limitations and should not be relied upon as a substitute for professional medical advice, diagnosis or treatment. You should consult a qualified healthcare professional before making decisions concerning your health.

Octo Health remains responsible for ensuring that the Services conform to the contract and applicable legal requirements. In particular, where the Services do not conform to the contract, you may exercise the remedies provided under Decree-Law No. 84/2021 of 18 October, including, where applicable, the right to have the Services brought into conformity, a proportionate price reduction or termination of the contract, without prejudice to any other rights or remedies available under applicable law.

17. Limitation of liability

17.1 Subject to Section 17.3 and to the fullest extent permitted by applicable law, neither Octo Health nor its directors, officers, employees or agents shall be liable for indirect, incidental, special or consequential losses or damages, including loss of profits, loss of business or loss of data, arising from the use of the Services, except where such liability cannot lawfully be excluded or limited.

Octo Health shall not be responsible for claims arising solely from your unlawful conduct, your unauthorized sharing of information or the independent acts or omissions of third parties for which Octo Health is not responsible under these Terms or applicable law.

17.2 Subject to Section 17.3 and to the extent permitted by applicable law, Octo Health's total aggregate liability to you, whether arising in contract, tort or otherwise, shall not exceed the total amount of membership fees paid by you to Octo Health during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation shall apply only to claims and categories of loss for which such a limitation is legally permissible and shall not restrict any statutory rights or remedies available to you under applicable law.

17.3 Nothing in these Terms excludes or limits Octo Health's liability for:

• (a) death, personal injury or damage to health;
• (b) willful misconduct or gross negligence, including that of its representatives or persons engaged to perform its obligations;
• (c) fraud or fraudulent misrepresentation;
• (d) non-contractual damage to property caused to you or third parties, where such liability cannot lawfully be limited;
• (e) compensation due under Article 82 of Regulation (EU) 2016/679 (GDPR);
• (f) statutory remedies for lack of conformity of the Services, including those provided under Decree-Law No. 84/2021 of 18 October; or
• (g) any other liability that cannot lawfully be excluded or limited under applicable law.

18. Complaints and dispute resolution

If you have a complaint, contact us at members@octohealth.com. In Portugal, you can also use the electronic complaints book (Livro de Reclamações Eletrónico) at livroreclamacoes.pt.

19. Changes to these Terms

We may update these Terms. For any material change, we give at least 30 days prior notice by email and in the App before it takes effect. Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the updated Terms, regardless of whether you accessed the Services during the notice period. If you do not agree to the updated Terms, you must stop using the Services and may cancel your membership before the updated Terms take effect.

20. Where you live

20.1 Regional provisions. Certain provisions of these Terms may vary depending on your country of residence. Where specific regional provisions apply, they shall prevail over any conflicting general provisions of these Terms, without prejudice to any mandatory rights available to you under applicable law.

European Union and European Economic Area

20.2 Right of withdrawal. If you are a consumer, you have the right to withdraw from your membership within 14 days of the conclusion of the contract, without giving any reason.

To exercise this right, you must inform Octo Health of your decision to withdraw by an unequivocal statement sent to members@octohealth.com or to our registered office. You may use the model withdrawal form provided in accordance with applicable law, but its use is not mandatory. Where an electronic withdrawal function is made available in the App, you may also exercise your right through that function.

To meet the withdrawal deadline, it is sufficient for you to send your communication before the 14-day period expires.

If you withdraw, Octo Health will reimburse all payments received from you, subject to any amounts lawfully payable for Services provided during the withdrawal period under Section 20.3. Reimbursement will be made without undue delay and no later than 14 days after Octo Health is informed of your decision, using the same means of payment as the original transaction unless you expressly agree otherwise, and without additional charges.

20.3 Performance during the withdrawal period. If you expressly request that Octo Health begin providing the Services during the 14-day withdrawal period and subsequently exercise your right of withdrawal, you may be required to pay an amount proportionate to the Services provided up to the time you communicate your decision to withdraw, in accordance with applicable law.

Any such amount will be calculated in accordance with the applicable statutory requirements, taking into account the nature of the Services provided and the total price agreed under the contract.

Where the legal requirements for charging an amount for Services provided during the withdrawal period have not been satisfied, no such amount will be payable.

The right of withdrawal will be lost following the full performance of a service only where the conditions established by applicable law have been met, including your prior express consent to the commencement of performance and your acknowledgment of the resulting loss of the right of withdrawal, where required.

Where the membership includes the supply of digital content not supplied on a tangible medium, any applicable exception to the right of withdrawal will be subject to the specific statutory requirements governing such content, including the necessary prior express consent, acknowledgment and confirmation, where applicable.

20.4 Mandatory consumer rights. Nothing in these Terms excludes or limits any statutory guarantees, conformity rights, withdrawal rights or other mandatory consumer protections available to you under applicable law.

The choice of Portuguese law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence where such protection applies under Regulation (EC) No 593/2008 (Rome I) or other applicable rules of private international law.

Your rights to bring proceedings before competent courts remain unaffected.

21. Indemnification

To the extent permitted by applicable law, you shall be liable to Octo Health for losses, damages, costs and expenses, including reasonable and duly substantiated legal costs, directly resulting from your culpable breach of these Terms or applicable law, including where such breach gives rise to claims by third parties.

This liability shall apply only to the extent that the relevant losses, damages, costs or expenses are attributable to your actions or omissions and are recoverable under applicable law.

Nothing in this section makes you responsible for losses arising from acts or omissions attributable to Octo Health or its service providers, or excludes any rights or defenses available to you under applicable law.

Any liability arising from a breach occurring during the term of your membership shall remain subject to the applicable statutory limitation periods, notwithstanding termination of these Terms.

22. Governing law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with Portuguese law.

Where you are a consumer, this choice of law shall not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of habitual residence, where applicable in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

Nothing in this section affects your rights under applicable mandatory consumer protection laws.

23. General provisions

23.1 Severability. If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be ineffective to the extent of such invalidity, unlawfulness or unenforceability, in accordance with applicable law. The remaining provisions shall continue in effect to the extent permitted by applicable law, without prejudice to any rights or remedies available to you under mandatory consumer protection law.

23.2 No waiver. Octo Health's failure or delay in exercising or enforcing any right under these Terms shall not, by itself, constitute a waiver of that right. Any waiver by Octo Health must be expressly communicated in writing. Nothing in this section affects any rights or protections available to you under applicable law.

23.3 Entire agreement. These Terms, together with any applicable feature-specific terms and the pre-contractual information provided to you, form the contractual framework governing your use of the Services.

These Terms do not exclude or limit any rights arising from information, representations or commitments that are legally binding on Octo Health, or any rights available to you under mandatory consumer protection law.

The Privacy Policy and any separate consent notices govern the processing of personal data in accordance with applicable data protection law and do not, by themselves, constitute contractual consent to such processing.

23.4 Interpretation. These Terms shall be interpreted in accordance with applicable law, including the principles of good faith and transparency. Where a contractual provision is ambiguous, it shall be interpreted in accordance with the rules applicable to consumer contracts.

23.5 Survival. Termination or expiry of these Terms shall not affect any rights, obligations or liabilities that have accrued before termination or that, by their nature or under applicable law, are intended to continue thereafter.

In particular, the provisions of Section 10 (Your health record: access, export and data processing), Section 12 (Intellectual property and feedback), Section 17 (Limitation of liability), Section 18 (Complaints and dispute resolution), Section 21 (Indemnification), Section 22 (Governing law) and this Section 23 (General provisions) shall continue to apply after termination, solely to the extent relevant to surviving rights or obligations and permitted by applicable law.