Important Notice

NOA is a wellness and lifestyle platform. It is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR), and it is not intended to diagnose, treat, cure, mitigate, or prevent any disease. NOA does not replace consultation with qualified healthcare professionals. All content is provided for general information and to support a healthy lifestyle. If you experience symptoms of illness or have concerns about your health, please consult a licensed physician.

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§ 1  Scope and Contracting Parties

(1)  These Terms of Service (“ToS”) govern the contractual relationship between NOA Health GmbH (“NOA”, “we”, or “us”), Maybachstraße 18a, 70469 Stuttgart, Germany, registered with the commercial register of the Local Court of Stuttgart under HRB [PLACEHOLDER], and any natural person who accesses or uses the NOA web application or mobile application (“User” or “you”).

(2)  The platform provides access to the NOA dashboard, the AI-assisted health information service (“NOA AI”), the ability to import personal lab data (“Lab Import”), wearable integration, and — where separately purchased — the brokerage of biomarker blood analyses through certified partner laboratories. All services are provided digitally.

(3)  NOA is a wellness and lifestyle product. The platform does not constitute a medical device under Regulation (EU) 2017/745 (MDR). NOA does not provide diagnoses, medical recommendations, or treatment, and it does not replace professional medical advice, examination, or treatment. Outputs of NOA AI are for informational purposes only and must not be relied upon as a basis for medical decisions.

(4)  Deviating terms proposed by the User shall not apply unless expressly agreed in writing by NOA.

(5)  These ToS are made available in English. Where a German-language version is provided, the English version shall prevail for Users contracting in English; the German version shall prevail for Users contracting in German.

§ 2  Eligibility, Registration, and Conclusion of Contract

(1)  Use of the platform requires registration with a valid email address and a password. Upon completion of registration and active acceptance of these ToS and the Privacy Policy, a binding service contract is concluded between you and NOA.

(2)  Registration is open exclusively to natural persons of legal age (18 years or older) who are resident in the European Economic Area (EEA). By registering, you represent that you meet these requirements. NOA may, where reasonably necessary, request appropriate verification.

(3)  Only one registration per natural person is permitted. Access credentials are confidential and must not be shared with third parties. You must notify NOA without undue delay of any unauthorised use of your account.

(4)  NOA may refuse registration at its reasonable discretion, in particular in cases of suspected misuse or breach of these ToS.

§ 3  Scope of Services

3.1  Platform Access

Within the subscription (“Membership”), NOA provides the following functions:

• Personal health dashboard showing biomarker data and trend visualisations
• Lab Import: upload and parsing of personal PDF lab reports (no additional lab fees)
• Integration with wearables (e.g. Apple Watch, Oura Ring, Whoop, Garmin) for activity, sleep, and HRV data
• NOA AI: an AI-assisted information service providing general health information and lifestyle suggestions
• Personalised lifestyle plan covering nutrition, movement, supplements, and sleep
• NOA Score: a Vitality Index computed as a lifestyle indicator — not a diagnostic value
• A defined number of biomarker blood analyses per Membership year, depending on the selected plan (see § 3.2)

Where Memberships are sold: All paid Memberships are sold exclusively via the NOA website at noa-health.de (the “Web Checkout”). The NOA mobile application provides access to the Member’s account and to the digital features listed above; it does not itself process purchases of Memberships or of additional biomarker tests. The mobile application is provided free of charge as an access channel to the services already purchased via the Web Checkout.

3.2  Biomarker Analyses (included in Membership; brokerage only)

Each NOA Membership includes a defined number of biomarker blood analyses per Membership year. Two analytical depths are available:

• Core: 49 biomarkers (blood count, metabolism, lipids, thyroid, liver, kidney, inflammation markers)
• Advanced: 72 biomarkers (Core plus extended vitamins, trace elements, hormones, vascular markers)

Memberships are offered in three test cadences — 1, 2, or 4 biomarker analyses per year — combined with the Core or Advanced panel. The exact composition of each plan and the included number of analyses are shown at the Web Checkout before contract conclusion. Unused analyses within a Membership year expire at the end of the term and are not refundable or transferable to a subsequent term, unless expressly stated otherwise in the plan description.

Beyond the included analyses, Users may book additional biomarker tests, follow-up panels, or add-on markers as separate paid services via the Web Checkout. Such add-ons are billed separately to the Membership.

Role of NOA: NOA does not itself provide medical services, blood draws, laboratory analyses, medical consultations, diagnoses, or treatment. NOA acts exclusively as a technology platform and broker. By taking up a biomarker analysis included in the Membership or booking an add-on test, you acknowledge and agree that:

• The treatment contract for the blood draw is concluded directly between you and the respective practice or healthcare professional carrying out the procedure (the “Partner Practice”), within the meaning of Sections 630a et seq. of the German Civil Code (BGB).
• The laboratory analysis contract is concluded directly between you and the respective accredited partner laboratory (the “Partner Laboratory”).
• Partner Practices and Partner Laboratories are independent service providers. They are not employees, agents, or subcontractors of NOA. Their terms and conditions apply in addition to these ToS for the respective service.
• NOA receives the laboratory report from the Partner Laboratory and makes it available to you in your account. NOA does not interpret the results, does not provide medical advice based on the results, and does not issue any clinical recommendations.
• Partner Practices may verify your age and identity by means of an official ID document before performing the blood draw, and may refuse the service for medical reasons (e.g. inability to find a vein, insufficient sample volume).

Where the Partner Practice qualifies as a treatment provider under Section 630a BGB, applicable statutory retention obligations for treatment records (e.g. ten-year retention under Section 630f(3) BGB) apply to the Partner Practice, not to NOA. NOA processes the laboratory results received from Partner Laboratories on the basis of your consent (Article 9(2)(a) GDPR) and the contract concluded with you.

3.3  NOA AI — Function and Limits

NOA AI operates on three layers: (i) education — general, non-personal health information; (ii) contextualisation — placing your values in relation to published reference ranges; (iii) coaching — lifestyle suggestions regarding nutrition, movement, sleep, and stress management.

Inherent limitations: NOA AI is a generative artificial intelligence service. You acknowledge and accept that its outputs may be incomplete, outdated, inaccurate, or misleading. NOA AI may fail to account for your specific medical history, current medications, allergies, contraindications, or other relevant circumstances. NOA AI may produce content that, if relied upon as medical advice, could be harmful. NOA AI is not a substitute for the independent clinical judgment of a qualified healthcare professional.

NOA AI does not provide diagnoses, medication recommendations, dosage advice, treatment plans, or emergency triage. Every AI output relating to personal health values includes a notice recommending consultation with a qualified healthcare professional. You are responsible for critically reviewing any information provided by NOA AI and for seeking professional advice before acting on it.

Prohibited reliance: You represent that you will not use NOA AI as a primary or sole source for medical decisions, diagnosis, treatment, medication choices, or emergency triage. Using NOA AI in connection with acute, severe, or life-threatening conditions is strictly inappropriate and may result in serious harm.

Regulatory classification: NOA AI is designed and operated so that it does not qualify as a medical device under Regulation (EU) 2017/745 (MDR) and is not a high-risk AI system under Regulation (EU) 2024/1689 (AI Act). NOA complies with the general-purpose AI transparency obligations of the AI Act and monitors regulatory developments. If a scope adjustment becomes necessary, NOA will notify Users in accordance with § 14.

3.4  Medical Emergencies

If you experience symptoms of a medical emergency — including, without limitation, chest pain, difficulty breathing, severe bleeding, signs of stroke, suicidal ideation, or any other condition you believe to be life-threatening — call the European emergency number 112 immediately or contact your local emergency services. Do not use the NOA platform or NOA AI for emergency triage or as a substitute for emergency medical care.

§ 4  Prices, Payment, and Membership Term

(1)  Applicable prices for Memberships and add-on services are displayed clearly and completely at the Web Checkout (noa-health.de) before contract conclusion. All prices are in Euro and include statutory value-added tax.

(2)  Memberships are offered with an annual term. The Membership fee covers platform access and the number of biomarker analyses included in the selected plan (see § 3.2). The full annual fee is charged at the start of the Membership term to the payment method provided at the Web Checkout.

(3)  Add-on services (additional biomarker tests, follow-up panels, or other add-on markers) are billed separately as one-time payments at the Web Checkout when booked.

(4)  

(5)  Payment processing is handled by NOA’s third-party payment service providers. By providing payment details at the Web Checkout, you authorise NOA (or its payment processor) to charge the agreed amounts to your payment method. Accepted payment methods are displayed at the Web Checkout.

(6)  In case of payment default, NOA is entitled to suspend access to the platform and to your Membership benefits (including the redemption of remaining biomarker analyses) until the outstanding amount has been settled. Statutory consequences of default remain unaffected.

(7)  Price changes for renewing Memberships will be communicated to you by email at least six weeks before they take effect. You have the right to terminate the Membership before the change takes effect; if you do not, the new price applies to the next Membership year. The notice will explicitly state this consequence.

§ 5  Term and Termination

(1)  The initial Membership term is twelve (12) months from the date of contract conclusion at the Web Checkout. Unless terminated in due time, the Membership renews automatically. Renewals are governed by paragraph (2).

(2)  In line with German consumer-protection law (Section 309 No. 9 BGB as amended by the Fair Consumer Contracts Act): the initial twelve-month term may be terminated with one month’s notice to the end of the term. After automatic renewal, the Membership may be terminated by the User at any time with one month’s notice.

(3)  Termination is to be effected via the account settings on the NOA website (“Manage Membership”), via the dedicated cancellation button accessible without login pursuant to Section 312k BGB, or by email to support@noa-health.de. NOA will confirm termination by email without undue delay.

(4)  

(5)  The right to extraordinary termination for cause remains unaffected. NOA is entitled to terminate without notice in cases of material breach of these ToS, false information at registration, or misuse of the platform.

(6)  Following termination, your data will be handled in accordance with the Privacy Policy and applicable statutory retention obligations (including those that apply to Partner Practices and Partner Laboratories independently of NOA). You may request a data export at any time via your account settings.

§ 6  Right of Withdrawal (Consumers)

(1)  As a consumer, you have a statutory right to withdraw from the Membership contract within 14 days without giving any reason. A separate withdrawal instruction including a model withdrawal form is provided to you at the Web Checkout before contract conclusion.

(2)  For the digital-service components of the Membership (platform access, NOA AI, dashboard, Lab Import): the right of withdrawal expires when performance of the contract has commenced with your express prior consent and your acknowledgement that you thereby lose your right of withdrawal (Section 356(5) BGB / Article 16(m) Directive 2011/83/EU).

(3)  

(4)  Withdrawal declarations are to be sent to: NOA Health GmbH, Maybachstraße 18a, 70469 Stuttgart, Germany, or by email to withdrawal@noa-health.de.

§ 7  Acceptable Use

(1)  You undertake to use the platform exclusively for personal, non-commercial purposes and not to provide false information about your identity or your state of health.

(2)  The following actions are prohibited:

• Sharing access credentials with third parties
• Commercial use of platform content without prior written consent from NOA
• Attempting to circumvent technical protection measures or to overload the platform infrastructure
• Automated data retrieval (scraping, bots, crawlers) without express written authorisation
• Using the platform in the name of or on behalf of third parties without their express consent
• Uploading content that is unlawful, infringes third-party rights, or contains malware

(3)  In case of breach, NOA reserves the right to suspend or terminate the account and to pursue legal remedies.

§ 8  User Submissions and Content

(1)  You may submit content to the platform, including uploaded lab reports, written queries to NOA AI, profile information, and lifestyle data (collectively, “Submissions”). You retain ownership of your Submissions and your underlying personal data.

(2)  You grant NOA a limited, non-exclusive, revocable, royalty-free licence to host, store, reproduce, process, and display your Submissions to the extent strictly necessary to provide the contractual services to you. This licence terminates upon termination of the contract or upon withdrawal of the corresponding consent, subject to statutory retention obligations.

(3)  Use of Submissions for the training or improvement of AI models is carried out exclusively in pseudonymised form and only on the basis of a separate, granular, and revocable consent obtained from you in the app settings. No training use takes place without such consent.

(4)  You warrant that your Submissions do not infringe the rights of third parties, do not contain unlawful content, and do not include personal data of other persons unless you are authorised to provide such data.

(5)  NOA may, but is not obliged to, review Submissions and may remove content that violates these ToS or applicable law.

§ 9  Data Protection

(1)  Protection of your health data is a top priority for NOA. Processing of personal data is carried out exclusively in accordance with Regulation (EU) 2016/679 (GDPR), the German Federal Data Protection Act (BDSG), and the NOA Privacy Policy, which forms an integral part of this agreement.

(2)  Health data are special categories of personal data under Article 9(1) GDPR. Processing is based on your explicit consent pursuant to Article 9(2)(a) GDPR. Consent may be withdrawn at any time with effect for the future via the account settings.

(3)  All personal data are stored exclusively on servers located within the European Union. Transfers to third countries outside the EEA do not take place. Where sub-processors are used (hosting, AI model providers, analytics), an up-to-date list is maintained in the Privacy Policy.

(4)  Granular consent: separate consents are requested for each data category (lab data, wearable data, AI interaction logs, product analytics). Each consent is independently revocable at any time in the app settings.

(5)  NOA does not process your health data for advertising purposes and does not share them with third parties for commercial purposes. Data are used solely for service provision and — in pseudonymised form and only with separate consent — for improvement of AI models. No automated decisions producing legal effects or similarly significant effects (Article 22 GDPR) are taken.

(6)  You are entitled to all rights under the GDPR, including access (Article 15), rectification (Article 16), erasure (Article 17), data portability (Article 20), restriction of processing (Article 18), and objection (Article 21). Requests should be addressed to: privacy@noa-health.de. You also have the right to lodge a complaint with a supervisory authority (Article 77 GDPR).

§ 10  Liability

Scope of NOA’s services: As clarified in § 1 and § 3, NOA provides a digital wellness platform and acts as a broker for third-party medical services. NOA does not itself provide medical advice, diagnoses, treatment, blood draws, or laboratory analyses. The following liability provisions apply within this scope.

(1)  NOA is liable without limitation for damages caused intentionally or by gross negligence, for damages resulting from injury to life, body, or health attributable to NOA, and under the German Product Liability Act (ProdHaftG).

(2)  For damages caused by slight negligence, NOA is liable only in the event of breach of a material contractual obligation (cardinal duty), and only up to the amount of foreseeable damage typical for this type of contract.

(3)  Save as set out in paragraphs (1) and (2), NOA’s liability is excluded. In particular, NOA assumes no liability for:

• Medical services rendered by Partner Practices or Partner Laboratories, including the medical accuracy of laboratory results, the manner of blood collection, and any clinical advice given by third parties — these are the sole responsibility of the respective third party
• Decisions you take on the basis of platform content, NOA Score values, or NOA AI outputs without seeking qualified medical advice
• Outputs of NOA AI to the extent they reflect inherent limitations of generative AI systems disclosed in § 3.3 and have been used contrary to the prohibited-reliance provisions therein
• Technical disruptions caused by third-party wearable providers, app store operators, or other third-party services
• Loss of data caused by force majeure or cyberattacks where NOA has taken all reasonable security measures

(4)  The limitations of liability set out above do not apply where NOA has assumed a guarantee or where mandatory statutory liability applies. Mandatory consumer-protection provisions remain unaffected.

§ 11  Intellectual Property

(1)  All platform content — including texts, software, algorithms, AI models, trademarks, and the NOA Score model — is protected by copyright and other intellectual property rights and remains the property of NOA Health GmbH or its licensors.

(2)  For the duration of the contract, you are granted a simple, non-transferable, non-sublicensable right to use the platform for personal purposes. Reproduction, redistribution, or commercial exploitation requires NOA’s prior written consent.

(3)  Your health data and lab data remain your property. NOA receives only the processing rights necessary for service provision; these rights expire at the end of the contract or upon withdrawal of consent.

§ 12  Availability and Technical Changes

(1)  NOA aims for a platform availability of 99% on an annual average but cannot guarantee uninterrupted availability. Planned maintenance will be announced in good time.

(2)  NOA may modify, extend, or discontinue functions where reasonable for the User. In the event of material restrictions to the scope of services, you have an extraordinary right of termination.

§ 13  Mobile Application and App Store

(1)  The NOA mobile application is made available through the Apple App Store and Google Play. It functions as a free access channel to the account and digital features that you have purchased via the Web Checkout. The mobile application does not itself offer Memberships, biomarker tests, or any other paid services for in-app purchase, and the fees for biomarker analyses relate to a physical service rendered off-platform by third parties.

(2)  Where you download or use the mobile application, the terms of the relevant app store apply to the download and to the operation of the application on your device, in addition to these ToS. In case of conflict, the mandatory provisions of the app store terms prevail with respect to the relationship between you and the app store operator.

(3)  

(4)  The contractual relationship for the paid services (Membership and add-on tests) is concluded exclusively between you and NOA via the Web Checkout. App store operators are not party to this contract and receive no commission on the paid services.

§ 14  Changes to These Terms

(1)  NOA may amend these ToS with effect for the future, in particular in response to changes in the law, new product functions, or adjustments to the business model.

(2)  Changes will be communicated to you by email at least six weeks (42 days) before they take effect. If you do not object within this period, the new ToS are deemed accepted. The notification will expressly inform you of this consequence and of your right to object.

(3)  If you object, NOA is entitled to terminate the contract at the time the new ToS take effect.

§ 15  Dispute Resolution and Governing Law

(1)  These ToS are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers resident in the EEA, mandatory consumer-protection provisions of the country of habitual residence remain unaffected.

(2)  Place of performance and exclusive jurisdiction for disputes with merchants is Stuttgart, Germany. For consumers, the statutory venue applies.

(3)  The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr/. NOA is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16  Final Provisions

(1)  Should individual provisions of these ToS be or become invalid, the validity of the remaining provisions remains unaffected. Any invalid provision shall be replaced by a valid provision that comes closest to the economic purpose intended.

(2)  Side agreements, amendments, and additions must be made in writing or in text form (email).

(3)  Contract languages are English and German. The version in the language in which the contract was concluded prevails.

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Contact

NOA Health GmbH  |  Maybachstraße 18a, 70469 Stuttgart, Germany

General enquiries: info@noa-health.de

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