Terms of Use

Article 1 – Subject matter of the Terms of Use

1.1. The subject matter of these Terms of Use is the provision by KYMA to the User of comprehensive digital health, wellbeing and lifestyle optimisation services (digital health / health optimization services), including but not limited to:

• a) guidance on undergoing extensive diagnostic tests (haematological and other), through partner diagnostic centres,
• b) receipt, recording and analysis of test results,
• c) design of a personalised health and lifestyle optimisation programme,
• d) provision of personalised recommendations (e.g. on nutrition, food supplements, sleep, physical activity, lifestyle),
• e) monitoring of the User's progress through a digital platform/application,
• f) continuous or periodic support from specialist professionals (e.g. nutritionists, health coaches, other health or wellbeing professionals),
• g) access to electronic content (e.g. articles, videos, guides, educational material),
• h) other related services described from case to case on the KYMA website or in the information materials provided to the User.

1.2. These Terms of Use govern the User's use of:

• a) the KYMA online platform (website, web app),
• b) any mobile application (app),
• c) the advisory, support and monitoring services provided.

1.3. The User declares that they have studied the content of the KYMA website (including the sections "How it works", "Privacy Policy", "Cookies Policy", etc.), understands the nature of the services and accepts these Terms of Use.

Article 2 – Non-medical nature of the services

2.1. KYMA provides services for the optimisation and support of health and lifestyle, with an emphasis on prevention, wellbeing and the long-term improvement of health markers, and does not replace a physician, medical diagnosis, medical treatment or any conventional medical care. The services offered do not constitute "telemedicine" within the meaning of Article 3(1) of the Ministerial Decision, but rather digital services provided by non-physician health professionals.

2.2. The services of KYMA:

• a) do not constitute a medical act,
• b) do not constitute the diagnosis or treatment of illness,
• c) do not replace and do not substitute for monitoring by a physician of any speciality.

2.3. The User acknowledges and accepts that:

• a) they remain solely responsible for maintaining regular medical supervision,
• b) they must consult their treating physician on any matter concerning diagnosis, medication or treatment,
• c) they must inform KYMA of any serious medical conditions (e.g. chronic conditions, allergies, particular circumstances such as pregnancy, breastfeeding, etc.), so that the recommendations may be adapted within the limits of KYMA's non-medical role.

2.4. Any reference to the improvement of health markers, to "optimisation" or to prevention is advisory and supportive in nature and does not constitute a guarantee of results, nor any therapeutic promise.

Article 3 – Diagnostic tests and partner diagnostic centres

3.1. KYMA works with diagnostic centres and laboratories, to which the User is referred, following recommendations by KYMA, in order to undergo specific tests (e.g. haematological, biochemical, hormonal, specialist markers).

3.2. Those tests:

• a) are carried out by the respective diagnostic centres,
• b) are subject to the statutory quality and safety standards that diagnostic centres are required to observe,
• c) constitute medical services provided not by KYMA but by independent third-party providers.

3.3. Responsibility for:

• a) the proper conduct of the tests,
• b) the taking of samples,
• c) the technical validity of the results,

lies exclusively with the partner diagnostic centres, which bear the corresponding liability under the law and their professional rules.

3.4. The User accepts that KYMA:

• a) relies on the results transmitted to it by the diagnostic centres,
• b) is not liable for any errors, delays or omissions in the test results,
• c) is entitled to request that tests be repeated or that supplementary tests be carried out, where this is considered appropriate for the accuracy and completeness of the analysis.

Article 4 – Description of KYMA's services

4.1. Following the conduct of the diagnostic tests and receipt of the results, KYMA proceeds to:

• a) analysis of markers (e.g. metabolism, vitamins, trace elements, hormone profile, inflammatory markers, etc.),
• b) assessment in conjunction with the health history and lifestyle declared by the User,
• c) the drawing of conclusions as to possible areas for improvement of the User's overall health and wellbeing.

4.2. On the basis of the analysis, a personalised programme is drawn up for the User, which may include, among other things:

• a) personalised nutritional guidance (by way of indication: types of food, frequency, indicative distribution of nutrients),
• b) recommendations on the use of food supplements (which do not constitute medication and are always subject to the advice of a physician),
• c) guidance on improving sleep (e.g. routines, sleep hygiene),
• d) recommendations on physical activity/exercise (in cooperation with exercise professionals, where required),
• e) recommendations concerning stress management, daily routine and other aspects of lifestyle.

4.3. The User may have access to:

• a) sessions (video conference, telephone calls, chat or in person, where available) with nutritionists, health coaches and other specialist professionals,
• b) continuous monitoring of progress through the platform (updates on weight, dietary habits, physical activity, etc.),
• c) personalised "checkpoints" for reviewing the programme,
• d) structured educational content.

4.4. The precise package of services, its duration, the scope of support and any additional services are specified:

• a) in the terms of the particular programme selected by the User through the platform, or
• b) in the confirmation/offer sent by KYMA to the User (by email or electronic form) and accepted by the User.

Article 5 – Term of the Agreement

5.1. These Terms of Use take effect from the moment the User completes their electronic acceptance of them and proceeds to purchase/enrol in a KYMA programme.

5.2. The term of these Terms may be:

• a) fixed (e.g. 12 months or such other agreed duration), in accordance with the relevant programme, or
• b) indefinite, where not otherwise described.

5.3. On expiry of the agreed term, the relationship:

• a) either terminates automatically,
• b) or is renewed automatically for an equal period, provided that this is expressly stipulated in the terms of the programme and/or the User does not cancel/discontinue their subscription in good time.

Article 6 – Termination – Early termination

6.1. The User is entitled to terminate these Terms of Use:

• a) at any time, in the case of programmes of indefinite duration, by written or electronic notice (e.g. by email), observing a notice period of 30 days before the next charge,
• b) in the case of fixed-term programmes, only where a right of early termination is expressly provided for, in accordance with the specific terms of each programme (terms may apply concerning the non-refunding of the subscription or the imposition of reasonable compensation).

6.2. KYMA is entitled to terminate these Terms of Use with immediate effect in the event of:

• a) a serious or repeated breach of the terms hereof by the User,
• b) unlawful or abusive use of the platform or the services,
• c) the provision by the User of false, inaccurate or misleading information which materially affects the provision of the services,
• d) conduct by the User which offends the honour, reputation or safety of associates or other users.

6.3. In the event of termination by either party, any sums payable or owed (e.g. unpaid instalments, sums which have already become non-refundable, penalty clauses) are specified in the specific financial terms of the programme and in the applicable consumer/tax legislation.

Article 7 – Fees – Financial Terms

7.1. KYMA's fee for the services provided is determined per programme/package and is stated clearly on the platform/website or in the offer sent to the User before their final commitment.

7.2. The financial model may include, by way of indication:

• a) a one-off price for a particular programme of a fixed duration,
• b) a periodic subscription (monthly, quarterly, annual, etc.),
• c) additional charges for further services (e.g. additional sessions, additional tests, additional analyses).

7.3. Unless otherwise stated, the prices quoted:

• a) include VAT,
• b) include/do not include the cost of the diagnostic tests at the partner centres, which may be paid separately by the User directly to the diagnostic centre, where so provided.

7.4. Method of payment:

• a) by bank card,
• b) by bank transfer,
• c) through electronic payment systems (e.g. Stripe, PayPal or others),

as more particularly described on the platform upon completion of the purchase.

7.5. The fee is payable in advance, unless otherwise stated. Access to the services may be granted only after confirmation of payment.

7.6. Late payment: In the event of late payment of a subscription or an instalment, KYMA may:

• a) temporarily suspend the User's access to the services,
• b) terminate these Terms of Use where the delay exceeds a reasonable period following notice to that effect,
• c) charge any statutory default interest, as provided for in the Greek Civil Code.

7.7. Refund/withdrawal policy:

• a) Where the User is a consumer and the purchase of services is made at a distance, the provisions on withdrawal apply (Law 2251/1994), unless a statutory exception applies (e.g. full performance of the services within the period with the User's prior express consent).
• b) KYMA's specific cancellation/refund policy is described in detail on its website and forms an integral part hereof.

Article 8 – Obligations of KYMA

8.1. KYMA undertakes:

• a) to provide its services professionally, diligently and in accordance with business usage (Articles 200 and 288 of the Greek Civil Code),
• b) to engage associates with the training and knowledge necessary for the provision of wellbeing, nutrition and lifestyle services,
• c) to inform the User of the nature of the services, any limitations upon them and their non-medical character,
• d) to ensure, so far as is practicable, the proper functioning of the platform and the User's access to it.

8.2. KYMA is under no obligation to achieve any particular result (e.g. the loss of a specific amount of weight, the attainment of specific laboratory values), but only to provide services on the basis of scientifically substantiated knowledge and the agreed methodology.

Article 9 – Obligations of the User

9.1. The User undertakes:

• a) to provide true, accurate and complete information concerning their health, medical history, habits and lifestyle,
• b) to inform KYMA immediately of any material change in their state of health or in their medication,
• c) to use the services and the platform for personal use only and in accordance with these terms,
• d) not to disclose their access credentials (username, password) to third parties,
• e) to observe the instructions for safe use provided by KYMA.

9.2. The User assumes sole responsibility:

• a) for the ultimate decision whether or not to adopt the proposed changes to diet, exercise and lifestyle,
• b) for seeking the advice of, and informing, their treating physician regarding KYMA's recommendations,
• c) for any medical consequences that may result from a failure to inform KYMA of serious health conditions (e.g. cardiovascular conditions, renal failure, pregnancy, etc.).

Article 10 – Restrictions on Use – Prohibited Practices

10.1. The User is prohibited from:

• a) reproducing, copying, distributing or making available to third parties the content, programmes, protocols or materials provided by KYMA, beyond their personal use,
• b) using the platform in a manner which infringes the rights of third parties, the applicable legislation or business usage,
• c) attempting to obtain unauthorised access to KYMA's systems (e.g. hacking, reverse engineering, circumvention of security systems).

10.2. Any breach of the above may constitute grounds for the immediate termination of these Terms of Use and may give rise to a right to damages on the part of KYMA.

Article 11 – Limitation of Liability

11.1. Without prejudice to provisions of mandatory law, KYMA's liability is limited to demonstrated direct actual loss attributable to its gross negligence or wilful misconduct in the provision of the services.

11.2. KYMA shall in no circumstances be liable for:

• a) indirect, consequential or subsequent loss (e.g. loss of profits, non-pecuniary damage, lost profit),
• b) loss attributable to the User's failure to seek medical advice and/or to inform their treating physician,
• c) loss due to errors or omissions on the part of the partner diagnostic centres or other third-party providers.

11.3. The User accepts that health and wellbeing outcomes depend on multiple factors (genetic, environmental, health history, adherence to instructions, etc.) which are outside KYMA's control, and acknowledges that no guarantee of any particular result can be given.

11.4. KYMA is not liable for any temporary unavailability of the platform due to technical problems, necessary maintenance, upgrades or reasons of force majeure, provided that it takes all reasonable measures to restore operation.

Article 12 – Intellectual Property Rights and Licences of Use

12.1. All material, content, programmes, personalised plans, analyses, texts, graphics, logos, trade names, marks, software code and generally anything made available through KYMA's platform constitute the intellectual and/or industrial property of KYMA or of the respective rightholders and are protected by the applicable legislation.

12.2. The User is granted a non-exclusive, non-transferable, personal licence to use the content and the services, solely for the purposes of this agreement and for so long as it remains in force.

12.3. Without the prior written consent of KYMA, the following are prohibited:

• a) the reproduction, in whole or in part, modification, adaptation, translation, making available to third parties or exploitation of the material for commercial purposes,
• b) the creation of derivative works based on KYMA's content.

Article 13 – Personal Data and Health Confidentiality

13.1. The processing of the User's personal data, including sensitive health data, is carried out by KYMA as Data Controller in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR), Law 4624/2019 and national and EU legislation generally.

13.2. The User is informed in detail of:

• a) the categories of data collected,
• b) the purposes of processing,
• c) the legal basis for processing,
• d) the recipients or categories of recipients,
• e) the retention period,
• f) their rights (e.g. access, rectification, erasure, restriction, portability, objection), through KYMA's Personal Data Protection Policy (the "Privacy Policy"), which forms an integral part of this agreement.

13.3. The health data arising from the diagnostic tests are obtained from the partner diagnostic centres in a manner which satisfies the requirements of the GDPR and are used exclusively for the provision of the health and wellbeing optimisation services to the User.

13.4. KYMA takes appropriate technical and organisational security measures to protect the data against unauthorised access, loss, alteration or unlawful processing.

13.5. All professionals (nutritionists, health coaches, etc.) who work with KYMA and have access to the User's personal data are bound by an obligation of confidentiality and by professional secrecy.

Article 14 – Amendment of the Terms – Notification of the User

14.1. KYMA reserves the right to amend the terms of this agreement unilaterally, in particular in cases of:

• a) changes in the relevant legislation,
• b) improvements to the platform and the services,
• c) corporate reorganisation.

14.2. Any amendment will be notified to the User by appropriate means (e.g. by email or by notice on the platform). Continued use of the services after a reasonable period following such notification shall be deemed acceptance of the amended terms.

14.3. Should the User not accept the amendments, they are entitled to terminate these Terms of Use in accordance with Article 6.

Article 15 – Force Majeure

15.1. Neither party shall be liable for non-performance or defective performance of its obligations where this is due to an event of force majeure, that is to say an unforeseeable and unavoidable event beyond its sphere of influence (by way of indication: natural disasters, pandemics, war, governmental measures, widespread network outages, etc.).

15.2. The party invoking force majeure must notify the other party as soon as possible and take all reasonable measures to limit its consequences.

Article 16 – Communications

16.1. Formal communications between the parties shall take place by:

• a) electronic mail (email) to the addresses notified,
• b) notifications within KYMA's platform,
• c) postal correspondence to the postal addresses notified.

16.2. The User must notify KYMA of any change in their contact details. Until new details are notified, notices given to the previous details shall be deemed valid.

Article 17 – Governing Law – Jurisdiction

17.1. These Terms of Use are governed by Greek law.

17.2. In respect of any dispute that may arise out of the interpretation or performance hereof, the parties shall endeavour to reach an amicable settlement.

17.3. Should an amicable settlement not prove possible, the Courts of Athens are designated as having jurisdiction, the parties expressly waiving any other general or special jurisdiction, unless otherwise required by provisions of mandatory law (in particular provisions for the protection of consumers).

Article 18 – Final Provisions

18.1. These Terms of Use, together with:

• a) the special terms of the relevant programme/package,
• b) the Privacy Policy,
• c) the Terms of Use of the platform,

constitute the entire agreement between the parties and supersede any prior written or oral agreement on the same subject matter.

18.2. If any provision hereof is held to be void or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

18.3. Any failure or forbearance by KYMA to exercise rights arising hereunder shall not constitute a waiver of those rights, nor shall it preclude their subsequent exercise.

18.4. Electronic acceptance of these Terms of Use (e.g. by clicking an acceptance button, ticking a checkbox or completing a purchase) is equivalent to full and unreserved acceptance of them and has full legal effect. Use of Kyma's services likewise constitutes full and unreserved acceptance of them and has full legal effect.

These Terms of Use are posted on KYMA's website and take effect upon their electronic acceptance by the User on registration and/or purchase of services.