US TERMS AND CONDITIONS

for

MASTHAVE (Mastocytosis) APP

Effective Date: 03.03.2025

These Terms and Conditions (“Terms”) govern your installation and use of the MASTHAVE App and its Content (collectively, the “MASTHAVE APP”) provided by Global Allergy and Asthma Excellence Network (“we,” “us” or “our”). We make the MASTHAVE APP available for authorized users (hereinafter “you,” or “your”) to download and use free of charge. The MASTHAVE APP is offered exclusively on the basis of the following Terms.

By downloading and installing the MASTHAVE App, you ACKNOWLEDGE that you have read, understand and agree to be bound by these Terms. IF YOU OBJECT TO THese Terms, YOU MAY NOT USE THE MASTHAVE APP. these TERMS create A BINDING AGREEMENT BETWEEN YOU AND US.

1. ELIGIBILITY

You must be a resident of the United States and at least 18 years of age to download the MASTHAVE APP. You may use the MASTHAVE APP only for your personal use, unless we have permitted other uses based on a separate written agreement.

If you are not the intended audience for the MASTHAVE APP, violate the Terms, or do not agree to the Terms, then your access to and use of the MASTHAVE APP is unauthorized.

2. CHANGES TO THE TERMS

The current Terms can be viewed both in the MASTHAVE APP and on the website under https://masthave-app.com/terms-of-use. We reserve the right at our sole discretion to change, revise, add to, remove from, and otherwise modify the Terms at any time. We will notify you of any material change to these Terms by prominently displaying that we have made changes at the top of these Terms or providing notice in another manner. If you do not agree to those changes, you can no longer utilize the MASTHAVE APP.

3. SCOPE AND APPLICABILITY

1. Supported Systems. The MASTHAVE APP is available as a mobile app for iOS and Android. These Terms apply regardless of the systems, platforms and devices used (e.g., iOS or Android) on which the app is running. With respect to the MASTHAVE APP as made available in the Apple App Store and in Google Play, the user and we each acknowledge that these Terms are between you and us only, and not with Apple or Google.

2. Geographic Restrictions. These Terms apply to users from the United States. You agree not to, directly or indirectly, use, download, transmit, deliver, send, export or re-export the MASTHAVE APP to any foreign country in violation of any applicable laws or regulations including but not limited to any of the United States export control laws and regulations.

4. USING THE MASTHAVE APP

1. Downloading the MASTHAVE APP. You may download and install the MASTHAVE APP from the Apple App Store, or from Google Play.

2. User Account, Password, and Security

1. You are not required to register an account with us to use the MASTHAVE APP. However, the data you share though the MASTHAVE APP is stored in our backend servers but not on the MASTHAVE APP itself. If you do not register an account, but acquire a new phone, the data you share through the MASTHAVE APP is not portable to your new phone. Therefore, we recommend that you register an account when using the MASTHAVE APP.

2. If you choose to register a user account, you will be required to share your e-mail address and create a password for the account. During the registration process, we will send you a confirmation link to the email address provided. After setting up your user account, the data you enter into the MASTHAVE APP is stored on the servers of Peercode, our software service provider. In this instance, the collection, processing, use, transfer, and storage of the data entered when using the MASTHAVE APP will be handled in accordance with our privacy policy, available at https://masthave-app.com/privacy_policy.

3. When using a registered account, you are solely responsible for keeping your login details secret. You are solely responsible for all usage or activity in the MASTHAVE APP that occurs under the account, including, but not limited to, use of the MASTHAVE APP by any person who uses the account, with or without authorization.

4. If you lose a password or the end device on which the MASTHAVE APP was installed without further backup/protection, and you suspect misuse of your account, or if there is any other breach of security on your account, you agree to immediately inform us. We will not be liable for losses incurred as a result of an unauthorized use of a password, device or account.

3. User Obligations

1. You must provide the necessary hardware to use the MASTHAVE APP and are obliged to independently check the compatibility of the MASTHAVE APP with the operating system used. The technical requirements can be viewed in the respective app stores. You are also responsible for using (and updating) virus protection software on the end device.

2. When registering for an account, you must only enter true and accurate information.

3. You are responsible for the completeness and correctness of all data you input into the MASTHAVE APP, including information on the state of your health when answering medical questions. To use the MASTHAVE APP as intended, you must provide correct, regular, and complete entries. There is no obligation for us to verify the data you enter into the MASTHAVE APP. If the data entered is incorrect, incomplete and/or not updated, results obtained may be inaccurate.

4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5. You must comply with applicable third-party terms of agreement when using the MASTHAVE APP.

4. User Restrictions. You may only use the MASTHAVE APP for lawful purposes and in accordance with these Terms. You agree that you will follow the restrictions set out below and will not encourage or facilitate others to violate these restrictions.

1. You may not use the MASTHAVE APP in any way that infringes the intellectual property rights or other rights of us or any third party.

2. You may not use the MASTHAVE APP in any way that violates any applicable law, self-regulatory rules, industry rules, or governmental regulations.

3. You may only retrieve or copy data or other content from the MASTHAVE APP for your personal use as permitted by these Terms.

4. You may not submit inaccurate information via the MASTHAVE APP (including misrepresenting your affiliations with any institution), commit fraud or falsify information in connection with your use of the MASTHAVE APP, or act maliciously against the business interests or reputation of Network.

5. You may not impersonate or attempt to impersonate another user or person.

6. You may not sell or otherwise transfer your account.

7. You may not attempt to compromise the integrity or security of the MASTHAVE APP.

8. You may not tamper with, obscure or disable any element of the MASTHAVE APP or any of Content (defined below) on or associated with the MASTHAVE APP.

9. You may not post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.

10. You may not engage in scraping, spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the MASTHAVE APP.

11. You may not attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the MASTHAVE APP.

12. You may not upload, post, or transmit viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other harmful, disruptive or destructive files or computer programming routines (collectively, “Malware”), including those that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

13. You may not copy, publish, resell, offer for sale, redistribute, display, lend, share, or reverse engineer the MASTHAVE APP or its Content.

5. OWNERSHIP

1. Intellectual Property. We have all rights, title, and interest necessary to provide the MASTHAVE APP and its Content, including, without limitation, all related Intellectual Property Rights. You do not acquire any rights, express or implied, in the MASTHAVE APP, or its Content other than those stated in these Terms.

2. Intellectual Property Rights. The writings, text, graphics, information, images, logos, videos, documents, source code, databases and other materials made accessible via the MASTHAVE APP and website (“Content”) are protected by certain patent, trademark, copyright, domain right or other intellectual property rights (“Intellectual Property Rights”) belonging to us or that we have licensed from third parties. You may only use this Content for the permitted purposes stated in these Terms, i.e. for private, non-commercial use. Reproduction, distribution or other unauthorised disclosure and use of the MASTHAVE APP or its Content is prohibited and can only take place after obtaining the prior express written consent of Network.

3. User Data. The MASTHAVE APP may provide you with the ability to add, create, upload, or submit data on or through the MASTHAVE APP (collectively, “User Data”). If you provide any User Data (“Your Data”), you acknowledge that we: (1) have the right to reproduce, translate, encode, publish, use, and distribute any and all of Your Data to the extent necessary to provide and operate the MASTHAVE APP; (2) have the right to deidentify or aggregate any and all of Your Data and to use such deidentified or aggregated data for any lawful purpose, including, without limitation, improving the MASTHAVE APP and for scientific research purposes and that we are the sole and exclusive owner of all rights in the deidentified or aggregated data; and (3) are not responsible or in any way liable for any corruption, mis-delivery, or other loss of any of Your Data. As between you and us, you own all other rights, title, and interest in and to Your Data.

4. Support. We have no obligation under these Terms to provide support, maintenance, upgrades, modifications, or new releases of the MASTHAVE APP unless otherwise stated in these Terms. The user and Network each acknowledge that Apple and Google have no obligation to furnish any maintenance or support services with respect to the MASTHAVE APP.

5. Links from the MASTHAVE APP. If the MASTHAVE APP contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the MASTHAVE APP, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. TERMINATION

1. Term. The term of these Terms begins when you download or install the MASTHAVE APP and will continue in effect until terminated by you or us.

2. Right to Terminate. Under applicable law, each party reserves the right to terminate without notice to the other Party.

1. You may terminate these Terms by deleting the MASTHAVE APP and all copies of the MASTHAVE APP from your device.

2. We reserve the right to terminate without notice for any reason, including, without limitation: (1) for lack of use; (2) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms; or (3) in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of the MASTHAVE APP. We also reserve the right to discontinue providing the MASTHAVE APP at any time with no liability to you. You agree that we will not be liable to you or any third party for any such termination or discontinuance.

3. Effect of Termination. Upon termination of these Terms, all rights granted to you under these Terms will terminate and you shall immediately discontinue use of the MASTHAVE APP. Upon such termination, you must cease all use of the MASTHAVE APP and delete all copies of the MASTHAVE APP from your end device. Termination will not limit any of our rights or remedies at law or in equity.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

1. Disclaimer of Warranty. THE MASTHAVE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MASTHAVE APP AND ITS CONTENT. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES WITH REGARD TO THE MASTHAVE APP AND CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE MASTHAVE APP, ITS CONTENT, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF MALWARE. WE EXPRESSLY DISCLAIM THAT THE MASTHAVE APP WILL BE WITHOUT ERROR OR INVULNERABLE TO MALWARE.

WE DO EXPRESSLY DISCLAIM THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE MASTHAVE APP WILL BE ERROR FREE OR THAT YOU WILL BE FREE FROM LOSS OF DATA. YOUR ACCESS TO AND USE OF THE MASTHAVE APP, DOWNLOAD OF ANY SOFTWARE OR CONTENT RELATING TO THE MASTHAVE APP AND USE OF ANY CONTENT WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE MASTHAVE APP IS AT YOUR SOLE OPTION, DISCRETION AND RISK. YOU MAY NOTIFY APPLE OR GOOGLE RESPECTIVELY IN THE EVENT OF ANY FAILURE OF THE MASTHAVE APP TO CONFORM TO AN APPLICABLE WARRANTY, WHERE APPLE OR GOOGLE RESPECTIVELY WILL HAVE NO WARRANTY OBLIGATION TO THE MAXIMUM EXTENT PERMITTED BY LAW OTHER THAN TO REFUND ANY PURCHASE PRICE OF THE MASTHAVE APP TO THE USER.

SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

2. Limitation of Liability

1. WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE MASTHAVE APP AND ITS CONTENT SHALL BE THE AMOUNT OF $100. You and WE acknowledge that WE, not Apple or google is responsible for addressing any claims, INCLUDING CLAIMS INVOLVING INFRINGMENT OF INTELLECTUAL PROPERTY, that you or any third party have relating to the MASTHAVE APP OR ITS CONTENT.

2. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE MASTHAVE APP, THE CONTENT OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE MASTHAVE APP, INCLUDING CLAIMS FOR LOSS OF DATA.

3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GA²LEN eV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

3. Deleted Data. If you have not registered an account in the MASTHAVE APP, we will be unable to restore or return any lost or deleted data you entered into the MASTHAVE APP. If you have registered an account in the MASTHAVE APP, upon your request, we will take commercially reasonable efforts to restore any lost or deleted data you entered into the MASTHAVE APP but do not guarantee that we can restore such lost or deleted data.

4. Use of an Unsuitable Operating System. Network is not liable for damage resulting from the use of the MASTHAVE APP with a version of the operating system, browser or corresponding programs that are not or no longer supported, or from using a manipulated end device (in the sense of unauthorized intervention in the program code of the end device). The user must bear all consequences, disadvantages or damage resulting from such uses.

5. Using an old App Version. If a version update of the MASTHAVE APP is made available, the unauthorized continued use of the old app version is contrary to this contract and deemed a violation of these Terms. User is solely responsible for any losses or damages resulting from use of an outdated App Version and uses such outdated App Version at its own risk. User expressly releases us from any liability to user or any third party as a result of the user working with an old version of the MASTHAVE APP.

6. THE MASTHAVE APP DOES NOT PROVIDE MEDICAL ADVICE

1. THE CONTENT CREATED OR PROVIDED BY THE MASTHAVE APP IS FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT DOES NOT AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR RECOMMENDATION. THE CONTENT CREATED OR PROVIDED BY THE MASTHAVE APP IS FOR INFORMATIONAL PURPOSES AND DOES NOT PROVIDE MEDICAL ADVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR MEDICAL DIAGNOSES, RECOMMENDATIONS, OR THERAPIES. THE MASTHAVE APP DOES NOT PROVIDE CLINICAL DIAGNOSIS OR MEDICAL ADVICE. IT IS SOLELY THE RESPONSIBILITY OF THE USER TO SEEK MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER. WE ASSUME NO LIABILITY AND MAKE NO GUARANTEES THAT ANY ONGOING TREATMENT PATH WILL BE SUCCESSFUL.

2. THE CONTENT PROVIDED AS PART OF THE MASTHAVE APP ARE NOT ALLOWED TO BE USED FOR THE UNAUTHORIZED ADJUSTMENT OR SUSPENSION OF ONGOING TREATMENT AND CANNOT ANTICIPATE OR REPLACE A MEDICAL CHECK OR THERAPY DECISION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE CONTENT TAKEN FROM THE MASTHAVE APP SHOULD NEVER BE USED AS A REASON TO DISREGARD THE QUALIFIED ADVICE OF A DOCTOR, TO POSTPONE AN APPOINTMENT OR TO NOT SEEK MEDICAL HELP.

3. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE MASTHAVE APP. RELIANCE ON ANY CONTENT PROVIDED BY US , OUR EMPLOYEES, OTHERS APPEARING ON THE MASTHAVE APP AT THE INVITATION OF NETWORK, OR OTHER VISITORS TO THE MASTHAVE APP IS SOLELY AT YOUR OWN RISK.

4. THE USER IS ALSO AWARE THAT THE CONTENT DISPLAYED IN THE MASTHAVE APP DEPENDS SIGNIFICANTLY ON THE QUALITY AND FREQUENCY OF DATA ENTRY. THE USE OF THE MASTHAVE APP AS A THERAPY-ACCOMPANYING AID IS DEPENDENT ON THE COMPLETENESS, CORRECTNESS, AND REGULARITY OF THE DATA ENTRY.

5. THE INFORMATION PROVIDED AS PART OF THE MASTHAVE APP IS NOT EXHAUSTIVE. YOU USE THE MASTHAVE APP, THE CONTENT PROVIDED IN THE MASTHAVE APP AND ITS FUNCTIONALITY AT YOUR OWN RISK.

8. FINAL PROVISIONS

1. Governing Law. All disputes arising out of or in connection with these Terms are subject to the laws of Germany. The Parties shall resolve any disputes arising out of or in connection with these Terms in the courts of Berlin, Germany. Each party agrees to submit to the exclusive jurisdiction of such courts in resolving any disputes. These Terms do not limit any mandatory rights that you may have as a consumer in your own jurisdiction.

2. Assignment. These Terms are only binding between you and us. We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice to you. You may not assign, sublicense, pledge, or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms.

3. Third Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, and Google and Google’s subsidiaries, are third party beneficiaries to these Terms.

4. Waiver. If we fail to exercise or delays to exercise any of its rights or powers under these Terms, such failure or delay shall not constitute any waiver of any right or power of these Terms and will not mean that the user does not have to comply with those obligations. This also applies if we do not enforce its rights against the user or delays such enforcement.

5. Survival. Any provisions were intended to survive the term of these Terms, shall survive the termination of these Terms.

6. Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

7. Electronic Communications. The communications between you and Network use electronic means. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, without limitation, these Terms, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.

8. Entire Agreement. These Terms constitute the entire agreement between the User and Network with regard to its subject matter. These Terms supersede all prior discussions, negotiations, representations, or agreements between the Parties.

   CONTACT US

If you have any questions about these Terms, please contact us by:

Global Allergy and Asthma Excellence Network c/o DGAKI

Robert-Koch-Platz 7

10115 Berlin

• Email: info@masthave-app.com

• Contact form: