MyBiogents App General Terms and Conditions of Biogents AG, An der Irler Höhe 3a, 93055 Regensburg (hereinafter referred to as the “Provider”)

1. General Provisions

1.1 The Provider makes an app available to its customers for use in accordance with these General Terms and Conditions (GTC).

1.2 These GTC apply to the use of the app by consumers within the meaning of Section 13 of the German Civil Code (BGB) as well as by entrepreneurs within the meaning of Section 14 BGB.

1.3 Any general terms and conditions deviating from these GTC and used by the customer shall not be recognized by the Provider unless expressly agreed otherwise.

1.4 If the app is distributed via an app store, the terms and conditions of the respective app store shall additionally apply to the acquisition of the app.

2. Subject Matter of the Contract

2.1 The Provider makes an app available to the customer. The app serves in particular to manage and control compatible devices, to provide device information and instructions, to carry out technical updates (e.g. firmware updates), to display notices and messages including optional push notifications, and to provide additional app-related functions. The app may contain links to third-party websites or offers. The respective providers are solely responsible for their content and for contracts concluded via such websites or offers. The Provider has no influence over such content and does not adopt it as its own.

2.2 The Provider reserves the right to modify, expand, or discontinue functions of the app at any time, provided that the essential core functions of the app are not unreasonably impaired.

2.3 The Provider continuously develops the app further and makes it available within the scope of technical and operational possibilities. No specific availability is owed.

3. Conclusion of Contract, Costs, Termination

3.1 The app may be used without registration. Upon downloading or using the app, a free-of-charge usage agreement is concluded between the Provider and the user. The agreement may be terminated by either party at any time without notice. The Provider reserves the right to offer certain functions of the app only after registration in the future.

3.2 Furthermore, the Provider reserves the right to offer the app or certain functions of the app for a fee in the future. In such case, the Provider shall inform the customer of the change in the cost structure at least one month before the planned change and shall grant the customer a right to object to the change. If the customer objects, the Provider shall have the right to terminate the contract extraordinarily as of the date the change enters into force.

4. Customer Obligations and Measures in the Event of Violations

4.1 The customer is obliged to use the app only within the scope of its intended functions and in compliance with applicable statutory provisions and these GTC. Any abusive or unlawful use, in particular use in violation of third-party rights or for the purpose of impairing the functionality of the app, is prohibited.

4.2 In particular, the customer is not entitled to make the app or individual functions of the app available to third parties for independent use, whether for consideration or free of charge, unless expressly permitted.

4.3 If registration is required for certain functions in the future, the customer is obliged to provide truthful information during registration, keep such information up to date, treat access credentials confidentially, and protect them against access by third parties. The customer is responsible for all activities carried out via their user account insofar as they are responsible for the misuse.

4.4 In the event of serious or repeated violations of these GTC or applicable law, the Provider is entitled to temporarily block access to the app or to terminate the usage agreement extraordinarily for good cause.

5. Data Protection

The Provider processes users’ personal data within the scope of providing the app under its own responsibility under data protection law. Details regarding data processing are set out in the Privacy Policy.

6. Support

Application or software problems will be handled by the Provider within the scope of support. Support requests must be submitted via the designated communication channels or via any ticket system provided, in order to ensure the fastest possible processing. Support requests are generally processed during regular business hours in chronological order according to their receipt.

7. Warranty for Defects

Insofar as the app is provided free of charge, it is made available without any guarantee of specific availability, functionality, or error-free operation and within the limits of technical and operational possibilities. Warranty rights exist only to the extent mandatorily required by law.

8. Liability and Indemnification

8.1 Insofar as the app is provided free of charge, the Provider shall be liable only for intent and gross negligence. Liability for damages arising from injury to life, body, or health, as well as under the Product Liability Act and in other mandatory statutory cases, remains unaffected.

8.2 If the app is acquired for a fee or paid upgrades are purchased within the app (in-app purchases), the following liability provisions apply: The Provider shall be fully liable on any legal grounds in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, on the basis of a guarantee, unless otherwise regulated in this respect, or in cases of mandatory liability, such as under the Product Liability Act. If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Provider according to its content for the purpose of achieving the contractual objective, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely. Otherwise, liability of the Provider is excluded.

8.3 The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

8.4 The customer shall indemnify the Provider against all third-party claims — including statutory legal defense costs — asserted against the Provider due to unlawful or contractual violations committed by the customer.

9. Final Provisions

9.1 Contracts concluded between the Provider and the customers shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.2 If the customer is a merchant or does not have a general place of jurisdiction in Germany, the parties agree that the Provider’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship. Sentence 1 shall not apply if an exclusive place of jurisdiction is established by law.

9.3 The Provider is entitled to amend these GTC for objectively justified reasons, provided that essential contractual content is not affected and the changes are reasonable for the user. Existing customers will be informed at least two weeks before the amendments enter into force. If the user objects within the notified period, the Provider may terminate the contract as of the date the amendments enter into force.

10. Consumer Dispute Resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address can be found in the heading of these GTC and in our imprint.

In the event of discrepancies between language versions, the German version shall prevail.

Status: February 2026