Terms and Conditions

General Terms and Conditions of neotes GmbH

Introduction

neotes offers customers services for the purpose of identifying and preventing disease risks and aging processes. These include the following offers:

Diagnostics

neotes enables customers to have the following tests carried out:

bioAge Test

The bioAge Test is an epigenetic age test that serves to measure biological age and create a fitness and nutrition profile for the purpose of adapting the customer's health strategy.

Test procedure:

After placing the order, the customer receives the test kit by post. They then register using the included kit ID. The customer collects the blood drops in accordance with the enclosed instructions (self-test), registers themselves and the test kit online and then sends the properly packaged sample collection card in the pre-paid envelope to the laboratory (Life&Brain, Bonn). After the sample has been analyzed by the laboratory for approximately four weeks from receipt of the samples, the customer is provided with their detailed bioAge report online by neotes.

The Premium package includes, in addition to the collection of additional measured values, the option of evaluating the test results with a specialized longevity physician.

Gut flora test

The gut flora test is carried out using DNA-based microbiome analysis and serves to provide a detailed assessment of gut health for the purpose of improving quality of life, especially with regard to digestion, nutrition and weight.

Procedure for the gut flora test:

After placing the order, the customer receives the test kit by post. The customer collects the stool sample in accordance with the enclosed instructions (self-test), registers themselves and the test kit online and then sends the properly packaged sample collection card in the pre-paid envelope to the laboratory (BIOMES NGS, Wildau). Within 2-3 weeks after the sample has been analyzed by the laboratory, the customer is provided with their gut flora report online by BIOMES NGS.

Longevity bloodAge Test (hormone and bloodAge Test)

The Longevity bloodAge Test consists of measuring over 50 blood parameters, including hormone parameters.

The bloodAge Test measures age-related parameters and serves to determine the state of health of the body based on more than 50 biomarkers.

Procedure for the bloodAge Test:

When placing the order, the customer selects a referring doctor near them on the website and then arranges an appointment with them for blood collection. The referring doctor sends the blood sample to the laboratory at the Hormonzentrum an der Oper, Munich, for analysis.

After the sample has been analyzed by the laboratory, the results are sent to the referring doctor, who contacts the customer to arrange an appointment to review the results of the bloodAge Test and provide advice. The doctor may give therapy recommendations and issue prescriptions... These prescriptions are not part of the scope of the bloodAge Test product.

Omega-3 Test

The Omega3 Test serves to check the body's omega-3 level in order to determine whether the body is adequately supplied with DHA and EPA.

Procedure for the Omega3 Test:

After placing the order, the customer receives the test kit by post. The customer collects the blood drops in accordance with the enclosed instructions (self-test) and then sends the properly packaged sample collection card in the pre-paid envelope to the Omegametrix laboratory and registers themselves and their test kit in accordance with the instructions. Within a few days after the sample has been analyzed by the laboratory, the customer is provided with their Omega-3 report digitally by Omegametrix.

NAD Test

The NAD Test serves to check the intracellular NAD level in order to determine whether measures to optimize healthspan are required.

Procedure for the NAD Test:

After placing the order, the customer receives the test kit by post. They then register using the kit ID included. The customer collects the blood drops in accordance with the enclosed instructions (self-test) and then sends the properly packaged sample collection card in the envelope to the laboratory Jinfinity Inc. in the USA at their own expense. The laboratory analyzes the sample within approximately two weeks. After that, the customer is provided with their NAD report online by Jinfinity Inc.

Micronutrients

neotes also sells the micronutrients listed on the neotes.com website, subject to availability.

BioCoach

The BioCoach Program is a holistic approach that, through the improvement of medical parameters, the substitution of the body's own vital nutrients as well as measures to reduce stress and lower biological age, paves the way for the customer toward an individual longevity lifestyle. The BioCoach Program is offered as a subscription model at the monthly prices stated on the website and, depending on the level selected by the customer, includes different services. Three subscriptions are available in total:

The "Basis M6" subscription includes the following partial services:

• BioAge Test Premium (see A. I.) + repeated performance every 6 months
• Gut flora test (see A. II.) + repeated performance every 6 months
• recurring longevity consultation after bioAge and gut flora tests
• two micronutrients per month

The "Basis M12" subscription includes the following partial services:

• BioAge Test Premium (see A. I.) + repeated performance every 12 months
• Gut flora test (see A. II.) + repeated performance every 12 months
• recurring longevity consultation after bioAge and gut flora tests
• two micronutrients per month

III. The "Premium M12" subscription includes the following partial services:

• BioAge Test Premium (see A. I.) + repeated performance every 12 months
• Gut flora test (see A. II.) + repeated performance every 12 months
• recurring longevity consultation after the bioAge and gut flora tests
• five micronutrients per month
• Longevity bloodAge Test (hormone test and bloodAge Test, see A. III.) + repeated performance every 12 months
• recurring longevity consultation after the Longevity bloodAge Test

The following additional services can optionally be booked for all three subscriptions:

• Fitness coaching
• Nutrition coaching
• Motivational coaching
• Group exchange of experience

The customer can give consent for neotes's IT partner, Datarella GmbH, Oskar-von-Miller-Ring 36, 80333 Munich, Germany, to receive the customer's health data, including data from the customer's wearables, for optimized composition. The customer receives more detailed information in § 12 of these Terms and Conditions and in the separate privacy policy on the neotes website.

Other consultations

Longevity consultation

neotes offers customers the opportunity to book individual 25-minute longevity consultations in which the result of a bioAge Test Basic and any resulting recommendations for action are discussed, if necessary in conjunction with other health data.

Nutrition consultation

neotes enables customers to develop personalized nutrition recommendations for everyday life with a nutrition expert. The scope of services comprises three sessions of 45 minutes each. The sessions are structured as follows:

• Session: assessment and goal setting; initial concrete tips
• Session: recommendations for action and guidance on practical implementation
• Session: expert advice on more serious issues

III. Free consultation

The free consultation offered on the neotes website is an initial consultation without obligation. No contract is concluded in this case; these Terms and Conditions do not apply to this consultation.

Membership

By taking out memberships, neotes offers its customers the opportunity to benefit sustainably from special offers for long-term customers.

The membership is offered in the following three models with the benefits listed below:

Starter membership:

• free shipping (no minimum order value)
• invitation to exclusive community events
• exclusive discount codes for members
• early access to new products
• consultation by longevity concierge
• priority handling by customer service

Pro membership:

• in month 1: performance of the bioAge Test Premium incl. longevity consultation
• in months 2 to 13: receipt of up to three micronutrients tailored to the customer's individual needs
• in month 14: review of progress through repeated performance of the bioAge Test Premium

III. Expert membership:

• in month 1: performance of the bioAge Test Premium incl. longevity consultation
• in months 2 to 13: receipt of up to three micronutrients tailored to the customer's individual needs
• in month 14: review of progress through repeated performance of the bioAge Test Premium
• receipt of exclusive product gifts on special occasions
• monthly personal exchange with a qualified nutritionist
• weekly individual fitness coaching to optimize health and performance

1 Scope of application

(1) These General Terms and Conditions (hereinafter: Terms and Conditions) govern the legal relationship between neotes GmbH and its customers (hereinafter: "customer(s)") with regard to the supply of test analyses presented via the website www.neotes.com of neotes GmbH.

(2) Unless otherwise agreed in writing, these Terms and Conditions shall apply exclusively. Any provisions of the customer that conflict with or deviate from these Terms and Conditions shall not be recognized, and their use is expressly objected to.

2 Registration for a customer account

(1) The customer can order test analyses via their customer account. However, a customer account is not a prerequisite for placing an order. Ordering can also take place via a so-called guest access.

(2) The customer has the option of registering for a customer account on the website of neotes GmbH (www.neotes.com). Registration requires the customer's personal data and their agreement to the validity of these General Terms and Conditions. The General Terms and Conditions apply as of the time of registration. Only persons with full legal capacity are entitled to register. There is no entitlement to registration.

By registering, the customer selects and receives a personal electronic mailbox and a corresponding password. The customer must keep this password secret. The customer must ensure that this password is not accessible to third parties. This password may also not be passed on to third parties.

(3) Registration is free of charge for the customer. The customer may cancel their customer account at any time. In the event of cancellation, the customer account will be deleted by neotes GmbH. The customer may change the personal data stored for their customer account. The changes are made online on the website of neotes GmbH (www.neotes.com). The electronic form "Change customer data" provided for this purpose must be used.

3 Conclusion of contract

(1) The presentation of test analyses on the website does not constitute a binding offer by neotes GmbH to the customer.

(2) The customer's order via the website of neotes GmbH (www.neotes.com) constitutes an offer to conclude a contract.

(3) Immediately after receipt of the customer's order, neotes GmbH will send the customer a message by email to the email address provided by the customer, confirming receipt of the order by neotes GmbH and listing its details (order confirmation). This confirmation of receipt does not yet constitute acceptance, but merely informs the customer that the order has been received by neotes GmbH.

(4) The contract is concluded when neotes GmbH accepts the customer's offer by sending an order confirmation. The order confirmation is sent by email to the email address provided by the customer.

During the ordering process, the customer is obliged to fill out a questionnaire that is required for carrying out the bioinformatics within the framework of the test. The customer may optionally provide additional information that enables the doctor to better classify the test results in the overall health context.

4 Delivery conditions

(1) Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer.

(2) All deliveries are made at the customer's expense and risk. The risk passes to the customer when handed over to the shipping company commissioned by neotes GmbH.

(3) Shipping costs can be viewed on the website together with the prices of the respective test analyses and are shown separately by neotes GmbH on the invoice.

(4) All information provided by neotes GmbH on its website regarding the availability, shipment or delivery of a test analysis is estimated information and approximate guideline values. They do not constitute binding or guaranteed shipping or delivery dates.

5 Cooperation with laboratories and other analysis facilities

The facility performing the analysis depends on the service purchased by the customer:

As part of the bioAge Test, the samples are analyzed by Life&Brain GmbH Venusberg-Campus 1, Building 76, 53127 Bonn on behalf of and under the responsibility of Age Labs AS, Gaustadalléen 23A, 0373 Oslo, Norway.

As part of the gut flora test, the samples are analyzed by BIOMES NGS GmbH, Schwartzkopffstraße 1, Hall 21, 15745 Wildau, Germany.

As part of the Longevity bloodAge Test, the samples are analyzed by Kinderwunsch und Hormon Zentrum an der Oper, Lacher Puchta Pauer Michna PartG, Maximilianstraße 2a, 80539 Munich, Germany.

As part of the NAD Test, the samples are analyzed by Jinfinity Inc. 1235 Walton Way, Augusta, GA 30901, United States.

As part of the Omega3 Test, the samples are analyzed by Omegametrix GmbH Am Klopferspitz 19, 82152 Martinsried.

6 Arrangements for discussion and consultation in doctor-patient or coach-patient discussions

If the service includes a discussion or consultation by a doctor or coach, this conversation takes place remotely or in person.

7 Prices, due date and payment terms, subscription model

(1) The prices shown in the shopping cart on the website of neotes GmbH (www.neotes.com) include the applicable VAT and transport costs. They are therefore total final prices.

(2) The total final price for the test analyses is due upon receipt of the order confirmation for individual orders.

(3) If the customer chooses to enter into a subscription (also called a "membership"), the respective monthly amount is to be paid at the beginning of each calendar month. Delivery then takes place by the end of the fifth day of the respective calendar month.

(4) The customer can pay the purchase price by credit card or Paypal.

8 Retention of title

The test kits delivered by neotes GmbH to the customer remain the property of neotes GmbH until payment has been made in full.

9 Claims for defects and limitation of liability

(1) The customer's rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise stipulated below.

(2) neotes GmbH gives no guarantee for the condition of the test kits it delivers to the customer. In particular, the product or test descriptions on the website do not have the character of a guarantee.

(3) neotes GmbH is liable without limitation for damages resulting from injury to life, body or health based on a breach of duty by neotes GmbH, a legal representative or vicarious agent of neotes GmbH.

(4) If the patient has the blood sample taken by a doctor of their trust and choice, this doctor is not a vicarious agent of neotes GmbH. neotes GmbH is not liable for damages resulting from injury to life, body or health that are solely attributable to a breach of duty by this doctor.

(5) If the collection of samples is the responsibility of the customer, the customer is responsible for collecting the sample in accordance with the instructions. neotes shall not be liable for damages resulting from incorrect sample collection, insofar as these are not attributable to defects in the instructions enclosed with the test kit or in the test kit itself.

(6) In the event of a slightly negligent breach of essential contractual obligations, neotes GmbH shall be liable only up to the amount of the foreseeable damage typical for the contract. Essential contractual obligations are, in the abstract, those obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance a contracting party may regularly rely. This does not apply in the cases referred to in § 9 para. 1 and 2.

10 Special provisions for BioCoaching and optional coaching and exchange-of-experience offers (see C.)

(1) Ordinary termination of a subscription may be effected by either party at the end of the month without giving reasons.

(2) The possibility of extraordinary termination remains unaffected.

(3) As part of the BioCoach subscription, the customer receives a dose of the micronutrients recommended by neotes as a result of the test analysis, sufficient for the subscription period in accordance with the recommended daily dose.

(4) The optional coaching and exchange-of-experience offers are booked and billed individually. Service disruptions in connection with these optional additional services cannot, in principle, affect the underlying BioCoach subscription.

(4) The offer of group exchange of experience depends on the availability of other participants. If neotes is unable to arrange a suitable group for the customer within a reasonable time, the customer has the right to withdraw the booking of the group offer. In this case, the customer will be refunded the full amount, provided this has already been paid.

11 Membership

(1) Membership can be terminated ordinarily at any time at the end of the month.

(2) The right to extraordinary termination remains unaffected.

(3) Neotes is not obliged to hold community events on a regular basis. Membership only entitles the holder to participate in community events to the extent that they actually take place.

(4) Prioritization by customer service applies exclusively to non-members.

12 Data protection

(1) neotes GmbH collects, processes and uses the customer's personal data exclusively for the performance of the contract and in compliance with the applicable data protection laws.

(2) The customer may consent by means of a separate declaration to the processing of data by neotes GmbH and to the transfer of data to cooperating laboratories. This data transfer takes place in pseudonymized form.

(3) If the service includes a discussion or consultation by a doctor or coach, the customer may voluntarily consent by means of a separate declaration to the transfer of data to the doctor or coach. This transfer of personal data to the doctor or coach takes place without prior pseudonymization or anonymization.

(4) In the course of the BioCoach Program, the customer's consent to the transfer of personal health data to neotes's IT partner, Datarella GmbH, Oskar-von-Miller-Ring 36, 80333 Munich, Germany, is required. This partner collects the customer's individual health data, including data from wearables worn by the customer, in order to make it available to the end customers as well as any doctors and coaches involved in the provision of services, to enable the most effective possible evaluation in line with the contractual objective.

(5) The customer receives more detailed information on items (1) to (4) in the separate privacy policy on the neotes website.

12 Choice of law, place of jurisdiction and final provisions

(1) The contractual relationship shall be governed by the laws of the Federal Republic of Germany, excluding conflict of laws rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions on the applicability of mandatory consumer protection law remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship shall be Berlin, unless an exclusive place of jurisdiction applies. Otherwise, the statutory provisions on jurisdiction shall apply.

(3) Deviations from these Terms and Conditions must be made in writing. This also applies to changes to this written form clause.

(4) Should individual or multiple provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining Terms and Conditions.

13 Information on online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are willing to participate in an out-of-court arbitration procedure.

As of: August 2024

APPENDIX: CONSUMER INFORMATION IN DISTANCE SELLING CONTRACTS FOR THE PURCHASE OF GOODS FROM NEOTES GMBH under: [www.neotes.com] – § 312d para. 1 BGB in conjunction with Art. 246a EGBGB

The following information does not constitute contractual terms. The contractual terms are defined exclusively by the General Terms and Conditions.

If you order as a consumer on our website, i.e. not in the context of your commercial or self-employed professional activity, we draw your attention to the following:

Supplier data

neotes GmbH
Managing Director: Roman Kacer
Ziegelstraße 7c
40468 Düsseldorf

Telephone: 030 440 39 720
E-mail: cs@neotes.care

Commercial register: District Court Charlottenburg (Berlin)
Commercial register number: HRB 222575
VAT identification number: DE 3360 75258

1. The language available for concluding the contract via the website is exclusively German.
2. You can find the essential characteristics, condition and other features of the goods offered by neotes GmbH in the individual product descriptions on the website.
3. The presentation of goods on the website is for information purposes only and does not constitute a binding offer to supply goods. Contracts for the supply of goods between you and neotes GmbH are only concluded when you place an order by clicking the "Buy now" button and neotes GmbH subsequently declares acceptance (shipping confirmation). The declaration of acceptance (shipping confirmation) is sent by email from neotes GmbH to the address you provided during registration.
4. Any input errors when placing your orders can be corrected at any time via the input fields on the website or with the help of a delete and change function before you send your order.
5. The prices for goods stated on the website are final prices including VAT. The total final price also includes transport costs.
6. The total final price for the delivery of goods by neotes GmbH becomes due upon acceptance of the order by neotes GmbH. Payment can be made by credit card or Paypal at your choice.
7. You have a right of withdrawal in accordance with the following provisions (see also the separate section on cancellation policy):

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, has or have taken possession of the last good. To exercise your right of withdrawal, you must inform us (neotes GmbH, Ziegelstraße 7c, 40468 Düsseldorf, Germany, telephone +49 (30) 440 39 720, email cs@neotes.care) of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract is received by us. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to

neotes GmbH
Ziegelstraße 7c
40468 Düsseldorf
Germany

without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We bear the cost of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their condition, properties and functioning.

The withdrawal must be addressed to

neotes GmbH, Ziegelstraße 7c 40468 Düsseldorf, Germany
If you have any questions about your right of withdrawal and/or our offers, you can contact our customer service at the telephone number: +49 (30) 440 39 720 and by email at the following address: cs@neotes.care. You may, but are not required to, use the following form for this purpose:

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)
To: neotes GmbH, Ziegelstraße 7c, 40468 Düsseldorf, Germany, email: cs@neotes.care

The right to withdraw from the contract exists independently of your warranty claims, should the goods be defective.

1. In the event of the purchase of an item, you have the statutory liability rights for defects. If there is a defect for which warranty is owed, you are in particular entitled under the statutory provisions to demand subsequent performance, to withdraw from the contract or to reduce the purchase price. In all other respects, we refer to our General Terms and Conditions.
2. The contract text and this information are only kept in their current version on our website. You will receive the contract text with the General Terms and Conditions applicable to you as well as the data protection agreement with your invoice. If you are interested in keeping it permanently, please keep the contract text yourself.
3. Technical steps leading to the conclusion of a contract.

You have the possibility to view transactions such as orders, deliveries, invoices, etc. at any time in your password-protected customer account.

The following steps explain in detail how you can place an order with us. Please read this explanation carefully before making a purchase.

10.1 Selection of goods

When you have found the desired product in our product range, you can call up the product description by clicking on the respective category button and the corresponding drop-down buttons on the product page.

If you decide to buy the product, you can add it directly to the shopping cart without obligation by clicking the "Add to cart" button at the end of the product description with the left mouse button.

Alternatively, you can add the product directly to the shopping cart without calling up the product description, without obligation, by clicking the "Shopping cart" button with the left mouse button.

The selected goods are now in the shopping cart.

10.2 The shopping cart

You can view the shopping cart at any time by clicking the "Shopping cart" button, which is located [describe button location], or the "View cart" button, which is located [...] respectively. As soon as you have clicked the "Shopping cart" button or the "Cart" button with the left mouse button, the shopping cart window opens. In this window you will find the information that your product selection has been successfully added to the shopping cart. You also have x options available to you.

The 2nd option allows you to change the quantities of the products placed in the shopping cart or remove them from the shopping cart. The options are located in the information section of the shopping cart. Here you first see your selection of products in the shopping cart and can check and manage them. Below the last product there is an overview of the total amount to be paid by you (purchase price and fees for shipping / payment methods for all products in the shopping cart). In the row of the inserted product you have the option of selecting the quantity. To do this, go to the box in the "Quantity" column and click in the box with the left mouse button. You can now delete the existing number and enter the desired quantity/number to be delivered. You can also remove a product from the shopping cart here. To do this, go to the product to be removed. In the product row, to the right of the quantity, there is a red cross (X). Click on the cross with the left mouse button and the product will be removed from the shopping cart again.

10.3 Order process and customer registration

Once you have found all the desired goods and added them to your shopping cart, it is necessary to press the "..." button with the left mouse button to continue the order process. The first of x pages of the order process will then open.

You have the option of placing the order as a "guest" or you can register as a customer and place the order as a registered customer.

If you carry out the ordering process as a "guest", the next page appears:

First, your details (e.g. name, date of birth, address) must be entered. To do this, enter the data in the lines in the cells as requested.

If you require a different delivery address, click the "Different delivery address" button with the left mouse button. A further input field will then appear for entering the delivery address. Please also enter the data here in the lines in the cells as requested.