Hey, I know you, you didn’t really come here for the zillion word legal text, you really just want an idea about how we handle things right (if not, scroll on down and you’ll find all the details you could imagine)? So, easy version. In order to create a program for you – we need info, right? The info you send us will never be shared with people not connected to By Jonny, cause that’s not ok. We do however sign you up for our online coaching through mailchimp.com, and we may pull anonymous statistics from the app in marketing purposes such as ”what percentage of clients reach their goals” and similar. If you feel like you wanna go at it without the coaching, you can unsubscribe to it in the bottom of every email. If you, for any reason what so ever, feel like cancelling the plan – we’re totally sad to hear it, but will give you every right to do so as long as it’s done at least 7 days prior to renewal. Since the program is made specifically for you, you can get your initial payment back until you’ve submitted your sign up form in the app and thereby had us creating a program for you, fair right? If you feel like you’ve got something on your mind, something you need us to clarify or questions about your program, you can always send us a shout on info@byjonny.se and we’ll work it out together! Happy times!

Terms and conditions:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF BY JONNY AB’s SERVICES CAREFULLY.

By using our online fee-based products or offerings including our smartphone app (collectively, the “Fee-Based Products”) you agree to the terms and conditions set forth in this Subscription Agreement (this “Agreement”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions to and from this Agreement in accordance with paragraph 2 of this Agreement. You should check this Agreement periodically for changes. By using the Fee-Based Products after such changes have taken effect in accordance with paragraph 2 of this Agreement, you agree to accept those changes whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Fee-Based Products and you should arrange to cancel your user account or subscription with us, as applicable, by notifying By Jonny AB via email at info@byjonny.se in accordance with the provisions of this Agreement.

1. Scope of Agreement

Unless otherwise indicated, this Agreement applies to (i) your use of and/or access to the Fee- Based Offerings offered currently or in the future by the meeting service provider identified during your completion of sign-up/activation or on your monthly subscription (“Service Provider”) and (ii) your use of and/or access to the websites which are owned or operated by By Jonny AB, including, without limitation, this website and any other Swedish website that we may own or operate currently or in the future (collectively, the “Website”), and all of the Fee-Based Products that are offered to you through the Website by www.byjonny.se currently or in the future. For purposes of this Agreement, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with www.byjonny.se, including, without limitation, By Jonny AB and their respective subsidiaries and affiliates.

2. Your Use of and/or Access to the Fee-Based Offerings and this Website

Unless otherwise specified, By Jonny AB grants you a non-exclusive, non-transferable, limited right to access, use and display the Fee Based Offerings to which you subscribed to and this Website and the material provided hereon, and, depending on the service in meeting rooms, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a community user of, or subscriber to, the Fee Based Offerings and/or this Website. You understand that only you may use and/or access your user account and password, and the materials provided to you for the meeting, and that your subscription to the Fee-Based Offerings is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all fees and charges in respect of usage or activity of our Fee-Based Offerings subscribed to by you. By using or accessing the Fee Based-Offerings and/or this Website, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, By Jonny AB reserves the right to cancel or terminate your password, user account, and/or access to the Fee Based- Offerings and/or this Website (or any part thereof). We reserve the right to change this Agreement from time to time, including without limitation, changing any charges and/ or fees payable in respect of subscriptions for www.byjonny.se’s Fee- Based Products. We will notify you of changes to this Agreement by our posting of changes to this Agreement on the Website located at www.byjonny.se/terms-conditions/. Any new or amended version of this Agreement will take effect, and will govern all use of the Website and any of www.byjonny.se’s Fee-Based Products you have subscribed to, commencing on the date of posting of such Agreement on the Website (or such later date as we indicate in the posting). If you do not wish your use of the Website and/or any of www.byjonny.se’s Fee-Based Products be governed by the new or amended version of this Agreement, you should notify us in writing (e- mail to info@byjonny.se will suffice) and from the date when the new version takes effect, you must cease to use the Website and any Fee-Based Products you have subscribed to and should seek a refund in respect of the fees or charges pre-paid by you for any complete unexpired periods of subscription to any Fee-Based Products. Refunds shall be made in accordance with paragraph 4 of this Agreement. In its sole discretion and without prior notice or liability, By Jonny AB may discontinue, modify or alter any aspect of the Fee Based-Offerings or Website, including, but not limited to, (i) restricting the time the Fee-Based Offerings and/or the Website is available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating any user’s right to use and/or access any of the Fee Based-Offerings and/or the Website. You agree that any termination or cancellation of your access to, or use of, the Fee-Based Offerings and/or the Website may be effected without prior notice. If you do not abide by the provisions of this Agreement, except as By Jonny AB may otherwise provide from time to time, you agree that By Jonny AB may immediately deactivate or delete your user account and all related information and files in your user account and or bar any further access to such information and/or files, the Fee-Based Offerings and/or the Website. Further, you agree that By Jonny AB shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Fee-Based Offerings and/or the Website except for a refund of any fees or charges prepaid by you with respect to the Fee-Based Offerings in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation made by By Jonny AB pursuant to this provision or this Agreement, or any policies or practices by By Jonny AB in providing the Fee- Based Offerings and/or the Website including, without limitation, any change in content or any change in the amount or type of fees or charges associated with Fee-Based Offerings is to cancel or terminate your subscription to the Fee-Based Offerings and/or the Website, as applicable. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities, features, promotions or events (“Additional Terms”). Such Additional Terms may be placed on the Website. or otherwise accessible to be viewed in connection with the specific content, activities, features, promotions or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

3. Charges and Fees for Fee-Based Offerings

As a subscriber to one of the Fee-Based Offerings, you agree as follows: A. You agree to pay, using a valid credit or debit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods, if any such plans are offered) set forth at By Jonny AB’s meeting locations or on this Website (such as the recurring monthly fee or multiple period fee, as applicable), applicable taxes, and other charges and fees incurred in order to use or access the Fee-Based Offerings. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). After your payment for your initial prepayment plan billing period (standard plan or multiple-period plan), we will automatically charge your credit or debit card or other account up to 1 day prior to the start of each renewal period, unless you terminate or cancel your subscription in accordance with paragraph 4 of this Agreement before you are charged for the relevant renewal period. Except in the case of a multiple-period prepayment plan, if any, or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of activation or prior to the

beginning of the renewal period as described above. Each time you use or access our Fee-Based Offerings you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your credit card or account, we reserve the right to discontinue or terminate your use of access to the Fee- Based Offerings. If you purchased a multiple –period prepayment plan, if any are offered, or if you were eligible for a discounted rate but are no longer eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple-periods and we are offering prepayment plans at such time, you must notify us before you are charged for the next subscription period (usually about 7 days before the termination of your current prepayment plan. B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Fee-Based Offerings and connecting to the Website, including without limitation all telephone access lines (including long- distance charges, when applicable), Internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to use or access the Fee-Based Offerings. C. For purposes of your access to and use of the Fee-Based Offerings, including identification, billing and shipping, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Fee-Based Offerings (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account and for other purposes in accordance with our Privacy Policy (see paragraph 6 below). You agree to maintain and promptly update the Subscription Data to keep it accurate and current. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use and/ or access by you of any of the fee-Based Offerings or the Website (or any portion thereof). You are obligated to update your Subscription Data including your billing information if it changes by sending us an email at info@byjonny.se. D. Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of the Fee-Based Offerings. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you are responsible and will remain liable for any unauthorized use of your subscription until seventy two (72) hours after you have notified Website Customer Service in writing of such breach of security. If your credit card expires, is cancelled, lost or is subject to use without your authorisation, you agree to promptly notify By Jonny AB in writing (via email to info@byjonny.se) to receive instructions on how to securely update your Subscription Data to provide details of an alternative current, valid credit card (or other form of payment which we may accept from time to time). You are entirely responsible for any and all activities that occur through your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorised by you. You are entirely responsible for any printed material you receive that allows you to use or access the Offline Services. You agree that such printed materials are for your personal, non-commercial use and are non-transferable. E. Except for multiple-period prepayment plans, if any, charges to you for the next prepayment plan prior to the beginning of that next period, your failure to satisfy limitations we set based on demographic. We may allow you to cancel your subscription with respect to the Offline Services portion only or the Internet Products portion only of your subscription. In this case, this Agreement would continue to apply to your access to or use of the Offline Services provided by your Service Provider or Internet Products provided by us that continue as part of your subscription (with the term “Fee-Based Offering” applying only to the Offline Services or Internet Products, as applicable) and to your use and/or access of the Website.

4. Cancellation of Subscription

In accordance with your statutory rights, in addition to your contractual termination right under Section 4 you have the right to cancel your subscription to the Fee Based Products 14 days from date of purchase by sending us an email on info@byjonny.se if your plan was purchased from the website and not in meetings, however, after completing the sign up form in the By Jonny app, we will create your personalized program and therefore will not refund your initial payment. Information about the withdrawal right can be found here. In addition to your statutory cancellation rights either you or we may terminate or cancel your subscription to the Fee-Based Offerings at any time. You understand and agree that (subject to any of your statutory rights) the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms and conditions of this Agreement or our enforcement or application of this Agreement; (ii) any of our practices or policies, including our Terms & Conditions and Privacy Policy, or our enforcement or application of these policies; (iii) the content available through the app, the Website or any change in content provided through the Website or our Fee-Based Products; (iv) your ability to access and/or use the Website or any Fee-Based Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Fee-Based Products, we will deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files after the cancellation date, the Website (or part thereof) and/or our Fee-Based Products, except as we may otherwise provide from time to time. To cancel your subscription to one of the byjonny.se’s Fee-Based Products please send us an email at info@byjonny.se. Your cancellation or termination will take effect within seventy two (72) hours after receipt by By Jonny AB of your cancellation notice. We will attempt to process all cancellation requests within seventy two (72) hours after we receive your request. The cancellation has to be maid at least seven (7) days prior to renewal. By Jonny AB reserves the right to collect fees, surcharges, or cost incurred before your cancellation takes effect.

5. Availability of Fee-Based Products

The availability and use of the Fee-Based Offerings may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to the Fee-Based Offerings or may terminate your subscription to the Fee-Based Offerings at any time based on these criteria. For example, individuals with a current or goal BMI under 18,5 and individuals under the age of 18 may not subscribe to the Fee-Based Offerings.

6. Privacy and Security

We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which is incorporated into this Agreement by this reference. By using or accessing the Fee Based Offerings and/or this Website, your consent is provided to your personal data being used and processed in accordance with our Privacy Policy.

7. Health Disclaimer

The Fee-Based Offerings and this Website provide weight loss management and information applications and content published in the Printed Materials and over the Internet and are intended only to assist users in their personal weight loss efforts. We are not a medical organisation and its staff and Leaders cannot give you medical advice or diagnosis. Nothing contained in the Printed Materials or offered in the Offline Services, in the app or in this Website should be construed as such advice or diagnosis. The information and reports generated by By Jonny AB should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment. You are urged and advised to seek the advice of a doctor before beginning any weight loss effort or regimen. The Fee-Based Offerings and this Website are intended for use and/or access only by healthy adult individuals. The Fee-Based Offerings and the Website are not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. Before starting any weight reduction plan, you should make sure that you are not underweight. For more information, you should review our Health Notice, which are incorporated into this Agreement by this reference.

8. Automatically Become an App user

As a subscriber to one of the Fee-Based Products, you automatically receive an account on the By Jonny smartphone app, which provides you with access to certain products, offerings and/or features such as the ability to track your progress and access your personal weight loss plan. As a user of the app, you agree to provide us with true, accurate and complete information about yourself. You also consent to your information being used in accordance with our Privacy Policy. Without limiting any other provisions of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website and www.byjonny.se’s Fee-Based Products. You agree not to assign, transfer or sub-licence your rights as a user of the Fee-Based Products.

9. Restrictions on Use of Materials

You acknowledge that the Printed Materials and this Website may contain information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are the property of us and/or our licensors and are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the Swedish copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of such Content or are licensed to use such Content (including the selection co-ordinating, arrangement and enhancement of such Content). All trademarks appearing in the Printed Materials and on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is received by you in printed form or downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

10. Submissions

This Agreement applies to the app (By Jonny) and website (www.byjonny.se), and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

11. Children

The Fee-Based Products are not for use by children and is not directed to children. The Fee- Based Offerings and this Website is for use and access by individuals who are eighteen (18) years or older. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO THE FEE-BASED OFFERINGS.

12. Website Links

This Agreement applies to this Website and the By Jonny app, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

13. Third Party Products and Services

You may be able to order services, merchandise or other products through the Website or By Jonny app from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.

14. Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERING, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, WWW.BYJONNY.SE’S FEE- BASED OFFERINGS) ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BY JONNY AB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY. NEITHER BY JONNY AB, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR ANY FUNCTION CONTAINED IN THE WEBSITE OR THE FEE-BASED PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE FEE-BASED PRODUCTS OR THE SERVERS THAT MAKE THE WEBSITE AND THE FEE-BASED PRODUCTS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE INTERNET PRODUCTS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE INTERNET PRODUCTS). NEITHER BY JONNY AB NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS) IN, OR OFFERED THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM BY JONNY AB SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OF AND/OR ACCESS TO, OR THE INABILITY TO USE AND/OR ACCESS THIS WEBSITE OR APP (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS); (B) THE USE AND/ OR ACCESS OF ANY CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS) ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE- BASED OFFERINGS); (D) UNAUTHORISED ACCESS TO, USE OF OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED OFFERINGS); (F) EVENT REASONABLY BEYOND OUR CONTROL; AND/ OR (G) ANY OTHER MATTER RELATING TO THE WEBSITE. SAVE IN RESPECT OF PERSONAL INJURY OR DEATH DUE TO THE NEGLIGENCE OF BY JONNY AB, IN NO EVENT SHALL THE TOTAL LIABILITY OF US TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE FEE-BASED OFFERINGS OR THIS WEBSITE . IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FEE-BASED OFFERINGS OR THIS WEBSITE, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE FEE-BASED OFFERINGS AND THE WEBSITE.

16. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us, our officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyer’s fees and expenses) (together, the “Damages”) arising from your improper use of any By Jonny AB products or offerings (including, without limitation, the Fee-Based Offerings or of this Website), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account or the Fee-Based Products for which you have subscribed, of any intellectual property or other right of any person or entity.

17. Governing Law and Choice of Forum

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to your use of the Website (including, without limitation, the Fee- Based Products) or this Agreement shall be filed only in the Swedish Court and you hereby consent and submit to the personal jurisdiction of such court for the purpose of litigating any such action.

18. Miscellaneous Terms

In any action against us or our affiliates arising from the use of the Website (including, without limitation, the Fee-Based Offerings), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer’s fees. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, as it may be updated from time to time together with our Privacy Policy and the Terms & Conditions (if applicable) and any Offline Terms and Conditions, are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions or the Offline Terms and Conditions, this Agreement shall control This Agreement may be modified only by our posting changes to this Agreement on the Website in accordance with paragraph 2 hereof, or by written agreement of you and us, as we determine in its sole discretion. Each time you access or use the Fee-Based Offerings or this Website, you will be deemed to have accepted any such changes. By Jonny AB may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of By Jonny AB’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. We shall not be responsible for lack of availability of the Website and/or the Fee-Based Offerings for which you have subscribed and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond the reasonable control of By Jonny AB. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible. Unless specifically provided for in this Agreement, no third party shall have any rights hereunder.

19. How to contact us

The Website and app is operated by, and the Internet Products are provided by, By Jonny AB. By Jonny AB is a company incorporated in Sweden (Company Organisation No.: 556700-8601) and its registered office is at: By Jonny AB c/o Fagerlund Gotlandsgatan 66 116 65 Stockholm Sweden

If you have any questions or concerns you may contact By Jonny AB by e-mail at info@byjonny.se or by post at the aforesaid address. By Jonny AB is registered for VAT purposes (VAT Registration No.: SE556700-860101).

Online Subscription Cancellation Policy How do I cancel Online subscription? Cancelling Online subscription is easy. Please follow the guide below to cancel your subscription:

• Email us at info@byjonny.se or Call us on +46706179981. You’ll need to provide the following information when you contact us to cancel:

• Your name and contact information (address details, phone number and email address) along with your request for cancellation (i.e. when your current subscription runs out or in the future). When does cancellation take effect? Your Online subscription is valid for a one month period at a time (your subscription month), ending on the valid end date 30 days after payment.

• If you cancel at the latest 7 days prior to renewal of your subscription, your account will be terminated at the time of renewal.

• If you cancel within 7 days prior to renewal of your subscription, you will be billed for the following subscription month. Your cancellation will therefore be effective at the end of your next subscription month. Am I eligible for a refund?

• Before Activation: If you realise that you do not meet the requirements to use the Online subscription, or are otherwise unable to activate on our website, email info@byjonny.se for assistance before completing the initial sign up form in the app. We will refund the cost of your initial purchase. To qualify for a refund your sign up form in the app (providing us information for your personal weight loss plan) must not have been submitted.

• After Activation: Please note – we do not provide pro-rated refunds except in special circumstances such as becoming pregnant. If you have a special circumstance, please email us on info@byjonny.se to discuss your situation with our Customer Service team who will be able to help. If you have any questions regarding our cancellation or refunds policy, then please email our Customer Service team at info@byjonny.se. 19. Revision Date This Agreement was last revised on 2 March 2019.

GDPR and Privacy Policy:

1. What Information We Collect

The types of information that we collect fall under two general categories: personally identifiable information (PII) and non-personally identifiable information (non-PII). PII consists of any information which can be used to specifically identify you as an individual, whereas non-PII consists of aggregate information or any information that does not reveal your identity. The following sections describe how your PII and non-PII are collected by us, and how we use such information. The information described below is stored by By Jonny AB, c/o Fagerlund, Gotlandsgatan 66, 116 65 Stockholm, Sweden, email: info@byjonny.se. For any further questions or to see or make changes to the saved information please contact our assigned Data Protection Officer Jonathan Fagerlund at jonny@byjonny.se. You may at any time withdraw permission to save your personal information by contacting us on either of the adressen above. In accordance with GDPR you are also able to make a claim to The Swedish Data Protection Authority.

2. How We Collect and Use Information

2.1. Log Files.

Any time you visit any of our websites, our servers automatically gather information from your browser (such as your IP addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information. For example, we may log your IP address for system administration purposes. IP addresses are logged to track a user’s session. This gives us an idea of which parts of our site users are visiting. We do not share the log files externally.

2.2. Cookies.

We use “cookies” to keep track of some types of information while you are visiting our website or using our services. Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our website and distinguish repeat visitors from new visitors. They also allow us to save user preferences and track user trends. We rely on cookies for the proper operation of our website; therefore if your browser is set to reject all cookies, the website will not function properly. Users who refuse cookies assume all responsibility for any resulting loss of functionality. We do not link the cookies to any PII.

2.3. Web Beacons.

“Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors. We may also use web beacons in email communications in order to understand the behavior of our customers. We do not link the web beacons to any PII.

2.4. Information About You.

When you register or subscribe to any of our services, we collect a wide variety of information about you. Any information provided by yourself in any forms, questionnaires, food diaries, or record sheets in online forms or in the By Jonny app will be strictly confidential and only shared with the client concerned and employees of By Jonny AB. Content shared in social media or other public places in which By Jonny is tagged may be shared by By Jonnys Instagram account (byjonny.se) in marketing purposes, this will be taken down immediately upon request. You may choose to provide us with your photo(s) or video(s) and by providing us such content, you agree that we may make them available to users of By Jonny services or use them in marketing. Except as otherwise stated in this privacy statement, we do not disclose your PII to other users of our services.

2.5. Purchase Information.

To process purchases, we may require your name, address, phone number, email address and personal number. Such information is used to process your order or as otherwise described herein. This information will be stored for seven years in accordance with Swedish Law for bookkeeping.

2.6. E-mails and Telephone Calls.

We require an e-mail address from you when you register for our services. We use your e-mail for both transactional and promotional (e.g., online coaching, newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. E-mail messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. We reserve the right to send you certain communications relating to By Jonny’s services, such as service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. We may also contact you by telephone or text message (including to any wireless number you may provide to us) solely in connection with By Jonny’s services. If you would rather not receive telephone calls or text messages from us, you may ask to be removed from our contact list via email to info@byjonny.se or when you receive a call or text message from us.

2.7. Demographic Data.

Demographic data is also collected on our website, in online forms and/ or the By Jonny app. We use this data to tailor our visitors’ experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. Some of this information may be shared with advertisers on a non-personally identifiable basis.

2.8. Online Survey Data.

We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of our services. You may also volunteer for certain surveys that we may offer to our users, and any additional rules regarding the conduct of such surveys will be disclosed to you prior to your participation. We do not link the survey responses to any PII, and all responses are anonymous.

2.9. Use for Research.

In addition to the uses outlined above, by using our site, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful exercise programming. This research, conducted by fitness professionals, may be published in academic journals. However, all of your responses will be kept anonymous, and no PII will be published.

2.10. Use for programs.

The information you provide in forms, emails or other ways of communication with By Jonny is needed to be able to create your personalised program. This may include information about your height, weight, previous attempts at weight loss, preferences in general, food habits, lifestyle and exercise, but also private information like adress, phone number, email, allergies or other medical conditions that can affect the program. The information will be saved in our back-end website to be able to access it at all times and thereby be able to provide you with a fast and reliable service. It will also be stored in saved in emails, mails or text messages sent by you. No printed copies will be kept, and you may at all times demand to see or remove any information By Jonny has saved that can be linked to you. This does not include information that is collected anonymously which cannot be linked to you and therefore not be shared to you by By Jonny. The sharing or removal of your information will take place within 72 hours of when the request is made. Such information is not shared with third parties without special consent. By Jonny will never purposely share any information with anyone without your consent, but by using the services you agree to the storing of your information and accept the risk implied with sharing such private details which are then stored on dropbox. Information that we are not required to save by Swedish Law (for bookkeeping purposes) will be deleted from emails and dropbox after termination of the services if not agreed otherwise. You can at all times choose to view and have this information changed or removed.

2.11. Use for newsletter.

Mailchimp is used for sending newsletter and by signing up for By Jonny’s newsletter you agree to them handling your email and agree to receive the newsletter until you unsubscribe which can be done in every email or by contacting By Jonny at info@byjonny.se.

2.12. Use for advertising.

The By Jonny app will collect anonymous statistical data (such as percentage of weight loss goals reached, number of times a recipe has been used and similar), this may be used in marketing and/or educational purposes. This information is collected anonymously and can not be tracked to specific users.

3. Disclosure of Your Information to Third Parties

3.1. Disclosure By Law.

You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend By Jonny’s, or a third party’s, rights or property; or (3) protect someone’s health or safety.

3.2. Disclosure to Trusted Third Parties By Us.

We may share your non-PII with third parties, but not in a manner that would reveal your identity. We may share your PII, sometimes in conjunction with your non-PII, with service providers that may be associated with us to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any other purpose than we authorize.

3.3. Disclosure to Trusted Third Parties at Your Request.

While visiting our site, we may provide you with advertisements, promotions, and offers from third party providers. Please refer to the third party provider’s own privacy policy (provided on the offer pages) if you have any questions regarding how your information is used by such providers.

3.4. Information Transferred As a Result of Sale of Business.

As we develop our business, we may buy or sell assets and, depending on the transaction, your PII may be one of the transferred assets. In the event that we are acquired by another company, your PII may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your PII is collected or used.

4. Links to Other Sites

We are not responsible for the privacy practices or the content of other websites that may be linked to this site or of any third party advertisers.

5. Acceptance of Privacy Statement

Your use of our website(s), including any dispute concerning privacy, is subject to this privacy statement and the applicable Terms and Conditions of Service. BY USING OUR WEBSITE AND/ OR SERVICES, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY STATEMENT AND THE APPLICABLE TERMS AND CONDITIONS OF SERVICE. If we decide to change our privacy policy, we will post those changes to this privacy statement page (https:// www.byjonny.se/terms-conditions/) and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by other means, such as e-mail, at our discretion. Your continued use of any portion of our website following posting of the updated privacy statement will constitute your acceptance of the changes.

6. Revision Date

This Agreement was last revised on March 2, 2019.