Terms and conditions

The conditions governing the use of the Careness platform and of the patient app, provided by DrillDown S.r.l..

Last updated: 2026-09-24

General Conditions of Use

of Careness powered by Tuduu

Drilldown S.r.l.

Last updated: 25/06/2026

GENERAL PART

Applicable to all Users of the Careness Ecosystem

1. Subject Matter and Definitions

1.1 Scope. These general conditions (hereinafter, the “Conditions”) govern access to and use of the ecosystem of services known as “Careness” (hereinafter, the “Ecosystem”), owned by Drilldown S.r.l., with registered office at Viale Isonzo 8, 20135 Milan (MI), Italy, VAT number/tax code 12392590969, certified e-mail (PEC) drilldownsrl@pec.it (hereinafter “Drilldown”). “Careness” is the trade mark under which Drilldown identifies and offers to the public the services described in these Conditions, delivered through the proprietary technology platform “Tuduu” (“powered by Tuduu”).

1.2 Composition of the Ecosystem. The Careness Ecosystem is structured into the following services:

• Careness App (hereinafter, the “App”): mobile application available on the Apple App Store and the Google Play Store, intended for end users (consumers). Governed by Section A of these Conditions.

• Tuduu Platform (hereinafter, the “Platform”): professional web platform accessible at platform.tuduu.it, intended for nutrition and fitness professionals, content creators and e-commerce operators. Governed by Section B of these Conditions.

• Careness Care Service (hereinafter, “Care”): intermediation service accessible at careness.it/care, which puts end users in touch with nutrition professionals. Governed by Section C of these Conditions.

1.3 Structure of the Conditions. These Conditions consist of a General Part (Articles 1 to 9), applicable to all users of any service of the Ecosystem, and of three specific Sections (A, B, C) which govern the particular conditions of each service. The Sections apply solely to the users of the corresponding service. In the event of a conflict between the General Part and a specific Section, the provisions of the specific Section prevail limited to the service concerned.

1.4 Definitions. In addition to the terms defined in the text, for the purposes of these Conditions the following definitions apply:

• “User”: any natural or legal person who accesses and uses one or more services of the Ecosystem;

• “End User”: the User who is a natural person and who uses the App and/or the Care Service in the capacity of consumer within the meaning of the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005);

• “Professional User”: the User who uses the Platform in the exercise of their own professional, entrepreneurial, craft or commercial activity (nutritionists, dietician physicians, dieticians, personal trainers, content creators, e-commerce operators);

• “Professional”: the Professional User in the field of nutrition or fitness who uses the Nutrition and/or Fitness modules of the Platform to manage the relationship with their own patients/clients;

• “Account”: the set of credentials and data associated with the User’s registration with one or more services of the Ecosystem;

• “SDK Providers”: third-party technology providers which supply anthropometric measurement tools integrated into the Platform and the App (listed in Annex 2);

• “Privacy Policy”: the privacy notice on the processing of personal data available at careness.it/privacy-policy.

2. Acceptance of the Conditions

2.1 Manner of acceptance. Access to, registration for and any use of the services of the Ecosystem presuppose that these Conditions and the Privacy Policy have been read in full and expressly accepted. In the absence of acceptance, use of the services is not permitted.

2.2 User requirements. The services of the Ecosystem are intended for Users who are of age and have legal capacity. By registering, the User declares and warrants that they are at least 18 years old (or the age of legal majority in their own country). For Professional Users, registration entails the warranty that they hold the necessary powers of representation where acting on behalf of a company or entity. Drilldown reserves the right to suspend access where there are well-founded reasons to believe that a service is being used by minors.

2.3 Account. The User undertakes to provide truthful, correct and up-to-date data at the time of registration. Access credentials are personal and non-transferable. The User is required to keep them in the strictest confidence and to notify Drilldown immediately of any unauthorised use of which they become aware. Drilldown is not liable for the consequences arising from unauthorised access attributable to the User’s negligence.

3. Intellectual Property

3.1 Ownership. The Ecosystem (including the software, the source code, the design, the interfaces, the databases, the “Careness”, “Tuduu” and “Drilldown” trade marks, the logos, the domain names and all proprietary content) is the exclusive property of Drilldown or of the respective licensors. Product images and descriptions belong to their respective owners.

3.2 Licence of use. Access to the services of the Ecosystem entails the grant of a limited, personal, revocable and non-exclusive licence of use, which is non-transferable and non-sublicensable. In the absence of Drilldown’s written consent, the User is prohibited from: (i) copying, decompiling or modifying the services or carrying out activities aimed at obtaining the source code; (ii) copying, reproducing, distributing or publishing proprietary content; (iii) commercialising or distributing the services in any capacity.

3.3 User content. The User retains full ownership of the rights in their own content uploaded to the Ecosystem. By uploading content, the User grants Drilldown a non-exclusive, royalty-free and revocable licence to use, reproduce and distribute such content solely within the scope of the provision of the services. The User warrants that they hold the necessary rights and that the content does not infringe third-party rights or provisions of law. Drilldown reserves the right to remove infringing content.

3.4 Feedback. Any comments, suggestions or ideas provided by the User in relation to the services shall not be considered confidential. Drilldown shall be free to use such feedback without this entailing any right to compensation.

4. Privacy and Data Protection

4.1 Processing of personal data. Drilldown processes Users’ personal data in compliance with Regulation (EU) 2016/679 (“GDPR”) and with the applicable Italian legislation, on the terms indicated in the Privacy Policy available at careness.it/privacy-policy. By accepting these Conditions, the User declares that they have reviewed the Privacy Policy.

4.2 Usage data and aggregated data. Drilldown may collect data relating to the use of the services in order to improve the Ecosystem. Such data may be anonymised and aggregated and used for statistical analysis and research purposes in a strictly non-identifying form.

4.3 Newsletter. The User may consent, at the time of registration or subsequently, to receiving informational and promotional communications from Drilldown. Consent is optional, does not condition access to the services and may be withdrawn at any time by means of the relevant unsubscribe link.

5. General Exclusions of Warranty

5.1 Absence of medical advice. The services of the Ecosystem do not have the character of a medical device and do not constitute an offer of medical advice, diagnosis or healthcare treatment. The nutritional information, the anthropometric measurements, the data and the suggestions generated are for informational purposes only. Any decision concerning health must be taken by a competent professional on the basis of a direct assessment of the specific case.

5.2 Availability. The services of the Ecosystem are provided “as is” and “as available”. Drilldown does not warrant that the services will be free from interruptions or errors. Drilldown reserves the right to suspend the services temporarily for maintenance, updating or security reasons.

5.3 Indemnity. The User undertakes to indemnify and hold Drilldown harmless from any liability, damage, cost or expense arising from: (i) improper or unauthorised use of the services; (ii) breach of these Conditions; (iii) uploaded content that infringes third-party rights.

6. Amendments to the Conditions

6.1 Procedure. Drilldown reserves the right to update these Conditions at any time, for example in order to align them with regulatory changes or with the introduction of new functions. Substantial amendments will be communicated with at least 15 days’ prior notice through the site, the App and/or e-mail. A User who does not intend to accept the amendments may cease use of the services and delete their own Account by the effective date. Continued use after the amendments come into force shall constitute acceptance of the new Conditions.

6.2 Version record. Previous versions of these Conditions are archived and may be consulted in the legal section of the careness.it site.

7. Communications and Contacts

For communications relating to these Conditions or to the services of the Ecosystem: nutrition@tuduu.it or info@tuduu.it, or the contact details indicated on the careness.it site. Drilldown will contact the User at the contact details provided at the time of registration.

8. Applicable Law

These Conditions and all contractual relationships arising from them are governed by Italian law. The court having jurisdiction is determined by the Section applicable to the service used by the User. In the absence of a specific indication in the applicable Section, the Court of Milan (Foro di Milano) shall have jurisdiction, without prejudice to the mandatory fora provided for by law.

9. Final Provisions

9.1 Entire agreement. These Conditions (together with the Annexes, the Privacy Policy and, where applicable, the Data Processing Agreement) constitute the entire agreement between the User and Drilldown regarding the use of the services of the Ecosystem.

9.2 Partial invalidity. Should any provision be held void or invalid, it shall be applied to the maximum extent permitted and this shall not affect the remaining provisions.

9.3 No waiver. The failure to exercise, or delay in exercising, a right does not constitute a waiver.

9.4 Assignment of the contract. The User may not assign the contract without Drilldown’s written consent. Drilldown may assign it in the context of corporate transactions, subject to prior notice.

9.5 Language. These Conditions are drafted in the Italian language. Any translations are provided for convenience; in the event of discrepancy, the Italian text prevails.

SECTION A — CARENESS APP

Specific conditions for End Users

A.1 Scope

A.1.1 This Section A applies to all End Users who download, install and use the Careness App. The App is available for download on the Apple App Store and the Google Play Store.

A.1.2 Modes of use. The App may be used in two modes:

• Basic Mode: the User freely uses the general functions of the App. Articles A.1 to A.7 apply.

• Patient Mode: the User links to one or more Professionals by means of a unique code, gaining access to additional functions. The clauses of Article A.8 also apply.

A.1.3 Registration. The Account is created by means of: (i) completion of the registration form with personal credentials; or (ii) federated log-in through a third-party service (e.g. Google, Apple). In both cases the User obtains a personal Account. The User may delete their own Account at any time from the App settings or by contacting Drilldown.

A.2 Functions – Basic Mode

A.2.1 General description. The Careness App in Basic Mode allows the User to:

• create and manage shopping lists of food and consumer products, drawing on a database populated with information from producers;

• consult, for each product, nutritional information, ingredients and the indicative price estimate based on average market values;

• set a personal nutritional profile (dietary restrictions, personal choices, lifestyles) and check in real time the compatibility of each product by means of the “Nutri-alert” system;

• consult and save culinary recipes, with automatically calculated nutritional values;

• manage digital loyalty cards of affiliated retailers;

• use the “Salvacibo” function to reduce food waste;

• share shopping lists and recipes with other Users.

A.2.2 Nutritional information. The App uses algorithms to calculate nutritional values and to check compatibility with the User’s profile. Such information is indicative in nature and is for informational purposes only. It does not constitute medical, dietetic or nutritional advice. In the event of allergies, intolerances or diseases, the User must always check the physical labels of the products and consult a qualified professional.

A.2.3 Product database. Drilldown undertakes to update product information periodically but does not warrant its completeness, accuracy or timeliness. The information is provided by producers and/or by third-party sources.

A.3 Free of Charge Use and Premium Services

A.3.1 Basic Mode free of charge. Use of the App in Basic Mode is free of charge. Drilldown reserves the right to introduce paid functions, which will be identified as such before any charge is made.

A.3.2 In-app purchases. Any in-app purchases will be managed through the payment systems of the stores (Apple App Store, Google Play Store) and subject to their respective terms. The right of withdrawal for digital purchases is governed by the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005).

A.4 Obligations of the End User

A.4.1 Compliant use. The User undertakes to use the App solely for private use and for the intended purposes. It is prohibited to: (i) use the App for purposes other than those intended; (ii) compromise or disturb the proper operation of the App; (iii) attempt to access unauthorised functions or other Users’ Accounts.

A.4.2 User content. Should the User upload content to the App (e.g. recipes, images), they warrant that such content does not infringe third-party rights or provisions of law.

A.5 Limitation of Liability

A.5.1 Without prejudice to the mandatory consumer rights provided for by the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005), Drilldown shall not be liable for indirect, incidental or consequential damages arising from the use of, or the inability to use, the App.

A.6 Duration, Withdrawal and Suspension

A.6.1 Duration. The contractual relationship is of indefinite duration and runs from registration.

A.6.2 Withdrawal by the User. The User has the right to uninstall the App and to cease using it at any time, as well as to request the deletion of their own Account pursuant to Article 2.3. Deletion entails the termination of access and the deletion of personal data in accordance with the Privacy Policy, save for what is necessary for legal obligations.

A.6.3 Suspension by Drilldown. Drilldown reserves the right to: (i) suspend the service with immediate effect in the event of a breach of the Conditions or for security reasons; (ii) discontinue the service permanently with at least 15 days’ prior notice.

A.7 Consumer Protections

A.7.1 Court having jurisdiction. For disputes between Drilldown and the End User, the court of the place of residence or domicile of the consumer-User shall have jurisdiction, pursuant to Article 66-bis of the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005).

A.7.2 Online dispute resolution. The User has the option of resorting to the Online Dispute Resolution (ODR) platform made available by the European Commission at:

https://ec.europa.eu/consumers/odr

A.7.3 Unfair terms. Pursuant to Articles 33-36 of the Italian Consumer Code (Codice del Consumo), the clauses of these Conditions which entail limitations of liability, rights of withdrawal or unilateral amendments in favour of Drilldown are expressly accepted by the End User by means of a double signature where required by the legislation in force.

A.8 Patient Mode – Linking with a Professional

The following clauses apply solely to the User who activates Patient Mode. Activation requires the express acceptance of these additional clauses.

A.8.1 Activation and linking

(a) In order to activate Patient Mode, the User enters in the App the unique code provided by the Professional. The link allows the Professional to view and manage the User’s data through the Platform and to share dietary plans, training plans and personalised information.

(b) The User acknowledges that their own data will be accessible to the linked Professional. The Professional acts as an independent data controller for the purposes connected with their own professional activity. Drilldown acts as data processor on behalf of the Professional, limited to storage and processing through the Platform.

(c) The User may unlink from the Professional at any time from the App settings. Unlinking interrupts the sharing of data, it being understood that the data already transmitted remains at the disposal of the Professional in the capacity of independent controller.

A.8.2 Additional functions

In Patient Mode, the User may, depending on the service provided, access:

• Personalised dietary plans: display of the plans drawn up by the Professional, with recipes, portions and nutritional values.

• Anthropometric monitoring: body measurements through photographic scanning (Article A.8.3), with history and charts showing change over time.

• Personal dashboard: display of their own parameters and of the trend over time.

• Communication with the Professional: messaging within the scope of the professional relationship.

• Training plans (where activated by the Professional): personalised exercise programmes.

A.8.3 Anthropometric measurement through photography

(a) Description. The App allows the User, on the Professional’s instructions, to carry out anthropometric measurements through photographic scanning. The User takes photographs of the body from their own device in rear and side shots, following the in-app instructions. The photographs are processed by SDK Providers which return measurements (circumferences, estimated body composition, fat/lean mass percentages).

(b) Privacy precautions. The photographs are taken exclusively in rear and side shots, and without capturing the face or, alternatively, where frontal, they shall provide for the obscuring of the face (privacy by design). The User is required to: (i) turn their head towards the wall while the shot is taken; (ii) cover any identifying marks (e.g. tattoos).

(c) Storage of images. The photographs are stored on Drilldown’s servers (located in the EU/EEA) for display in the dashboard and comparison over time. The images sent to the SDK Providers may be deleted after processing or retained for a limited period (indicated in the Privacy Policy).

(d) Indicative nature. The measurements are for informational purposes only. They do not constitute a clinical or diagnostic examination. The User must not take decisions concerning their own health based solely on the results.

A.8.4 Health data and consent

(a) Special categories of data. In Patient Mode the App processes special categories of data under Article 9 GDPR: data concerning health (nutritional status, weight, body parameters, diseases or allergies), potentially biometric data (body images and derived measurements), data capable of revealing religious or philosophical beliefs (dietary preferences).

(b) Explicit consent. Before activation and before each measurement session, the App requests explicit, specific and informed consent pursuant to Article 9(2)(a) GDPR. Consent is separate for each purpose:

• Consent to the linking with the Professional (mandatory for Patient Mode): sharing of personal and health data;

• Consent to anthropometric measurement (optional): acquisition and processing of body photographs;

• Consent to external integrations (optional): import/export of data from/to third-party platforms.

(c) Withdrawal. Each consent may be withdrawn at any time from the App settings. Withdrawal does not affect the lawfulness of the processing carried out before the withdrawal.

A.8.5 Integrations with health platforms

The App may offer optional integrations with third-party platforms (e.g. Apple Health / HealthKit, Google Health Connect) for the import/export of data (weight, physical activity, body parameters). Activation is optional and requires explicit consent. The imported data will be visible to the linked Professional, where applicable. Drilldown is not responsible for the operation of third-party platforms. The use of HealthKit data complies with the Apple Developer Program Guidelines (section 5.1.3): HealthKit data will not be used for advertising or data mining purposes.

A.8.6 Relationship with the Professional

(a) Drilldown provides the technology only. The relationship between the User and the Professional is direct between the parties; Drilldown is not a party to it and assumes no responsibility for it.

(b) Any decision concerning health, diet or physical activity must be taken by the competent Professional. The App does not replace professional judgement.

(c) For complaints about the professional service, the User shall address the Professional directly. For technical complaints about the App, the User shall contact Drilldown (Article 7).

A.8.7 Data portability

The User has the right to obtain a copy of their own data in a structured, machine-readable format (Article 20 GDPR). The App makes available an export function accessible from the settings. In the event of deletion of the Account in Patient Mode, the User has a grace period of 30 days to export their own data before final deletion.

SECTION B — TUDUU PLATFORM

Specific conditions for Professional Users

B.1 Scope and Registration

B.1.1 This Section B applies to all Professional Users who register with the web Platform (platform.tuduu.it). Professional Users means:

• nutrition professionals (nutritionists, dietician physicians, dieticians);

• content creators and content providers;

• e-commerce operators in the food or nutrition sector;

• fitness and well-being professionals (personal trainers, athletic trainers, wellness operators).

B.1.2 Registration. Registration takes place (i) through the online sign-up form, or (ii) by direct invitation from Drilldown. The User warrants that the information provided is accurate and complete. Drilldown reserves the right to request documentation in order to verify professional status (e.g. registration with a professional register).

B.1.3 Single Account. Each User may create only one Account, save for a different written authorisation for specific needs. Drilldown reserves the right to delete duplicate accounts.

B.2 Modular Architecture

The Platform is organised into functional modules that may be activated independently or in combination (hereinafter, the “Modules”). Each Module may be subject to specific conditions described in the following articles. The general clauses (General Part + Articles B.1, B.10-B.16) apply to all Professional Users; the clauses of the individual Modules apply solely to those who have activated them.

B.3 “Recipes” Module

The “Recipes” section allows Professional Users to create, upload and manage culinary recipes. In particular: (i) nutrition professionals may create recipes to be included in dietary plans; (ii) creators may publish original recipes; (iii) e-commerce operators may associate the products of their own shop as ingredients of the recipes, creating “purchasable recipes”. The section allows nutritional and dietary preference filters. The recipes are processed by algorithms which automatically calculate the nutritional values per portion.

B.4 “Merchant” Module

The “Merchant” section is dedicated to e-commerce operators or retailers. The User may integrate their own product catalogue with the Platform, linking products to recipes and allowing direct purchases. The Platform offers automatic SEO functions for the integrated recipes. The e-commerce operator is solely responsible for the products, the transactions, regulatory compliance, order management, shipping, invoicing and after-sales assistance. Drilldown provides the technology infrastructure only and is not a party to the sales.

B.5 “Nutrition” Module

B.5.1 Description. The “Nutrition” section is aimed at nutrition professionals. The functions include:

• tools to create and personalise dietary plans, with the possibility of using recipes and viewing nutritional impacts in real time;

• generation of PDF documents (diet sheets, nutritional reports);

• a mobile application which allows the patient to view the nutritional plan and the recommended recipes;

• anthropometric measurement functions (Article B.6);

• professional monitoring dashboard showing the change in anthropometric and nutritional parameters over time.

B.6 Anthropometric Measurement

B.6.1 Description. The Platform integrates, for the Modules which provide for it (Nutrition and Fitness), an anthropometric measurement function based on the processing of body images.

(a) Acquisition of the images. The patient/client takes photographs of the body through the App. The in-app guidelines provide for privacy by design precautions: the subject must turn their head towards the wall; any identifying marks must be covered. Where the provider offers an experience that provides for a frontal photograph, systems for obscuring the face and for non-retention will be implemented.

(b) Processing through third-party SDKs. The images are transmitted to the SDK Providers (Annex 2) which return measurements (circumferences, estimated body composition). Processing may take place partly on the device (on-device) and partly on the Provider’s servers.

(c) Storage. The original photographs are stored on Drilldown’s servers (EU/EEA) for the dashboard and comparison over time. The images sent to the SDK Providers may be deleted after processing or retained for a limited period (Annex 2). The Professional may delete a patient’s images at any time.

(d) Results. The results are integrated into the professional dashboard and into the patient’s app. The measurements are for informational and supporting purposes: they do not constitute a clinical or diagnostic examination. The Professional is required to supplement such data with their own clinical assessment.

B.7 “Fitness” Module (in the process of activation)

The “Fitness” section will be aimed at fitness and well-being professionals. The professional will be able to create personalised training plans, monitor progress through anthropometric measurement and combine training programmes with nutritional plans. The specific conditions will be governed by a dedicated Annex published before activation. The SDK Provider for measurement in the Fitness Module may differ from that of the Nutrition Module.

B.8 Integrations with External Platforms

The Platform may offer optional integrations with third-party platforms for the monitoring of health and physical activity (e.g. Apple Health / HealthKit, Google Health Connect). Activation is optional and requires the explicit consent of the User and/or of the patient. Drilldown is not responsible for the operation or the policies of third-party platforms. The User is required to verify compliance with their own professional obligations.

B.9 Analysis Algorithms

The Platform uses algorithms for nutritional analysis and for the processing of anthropometric measurements. The outputs (nutritional values, indications on allergens, body composition) are indicative. It is the responsibility of the Professional User to verify the accuracy of the information before using it or communicating it to their own clients. Any errors or anomalies must be reported promptly to Drilldown.

B.10 Obligations of the Professional User

B.10.1 Compliant use. The User undertakes to use the Platform in compliance with the Conditions, with Drilldown’s instructions and with the applicable laws. Use for illegal or unauthorised purposes is not permitted.

B.10.2 Verification of outputs. The Professional User is required to check the accuracy of the algorithmic outputs before using them for professional purposes (Article B.9).

B.10.3 Compliance with professional rules. If subject to rules of professional ethics, the User is required to use the Platform in a manner consistent with their own professional obligations.

B.10.4 Specific obligations for anthropometric measurement. The User who uses the measurement functions undertakes to: (i) inform the patient about the manner of acquisition and about the privacy precautions; (ii) obtain the patient’s explicit consent for the processing of the images in accordance with Article B.10.5; (iii) not use images or data for purposes other than the consultancy; (iv) not share images with third parties without the patient’s consent.

B.10.5 Third-party data and consent for special categories. The User who enters personal data of third parties (patients/clients) warrants that they have collected it lawfully. In particular:

• For special categories of data under Article 9 GDPR (health, biometric data, body images, preferences capable of revealing religious beliefs): the User must obtain explicit, specific, informed and freely given consent under Article 9(2)(a) GDPR, in advance and in a documentable form.

• Drilldown makes available granular consent mechanisms in the App and in the Platform which distinguish mandatory purposes from optional ones. The User is required to use such mechanisms.

• In relation to such processing, the User qualifies as Data Controller and Drilldown acts as Data Processor under Article 28 GDPR. The conditions are governed by Annex 1 (DPA).

B.11 Subscription Plans and Payments

B.11.1 Paid services. Access to certain functions may be subject to a paid SaaS subscription plan, with different service levels. The anthropometric measurement functions may entail additional consumption-based costs (pay-per-use).

B.11.2 Fees and payment. Prices are indicated on the Platform, stated exclusive of VAT. Payment is made through Stripe. The User authorises automatic charging at the frequency provided for by the plan.

B.11.3 Price changes. Drilldown may amend prices with prior notice. The changes apply from the following billing period. The User may cancel before the amendment takes effect.

B.11.4 Renewal and cancellation. Subscriptions renew automatically. The User may withdraw through the Platform or through support. Cancellation takes effect at the end of the period already paid for; no refunds are provided for unused periods.

B.12 Service Levels (SLA)

Drilldown undertakes to keep the Platform operational with an availability (uptime) target of 99.5% on a monthly basis, excluding scheduled maintenance. Maintenance will be communicated with at least 48 hours’ prior notice. In the event of a prolonged service disruption exceeding 24 consecutive hours not attributable to the User, the latter shall be entitled to a proportionate credit. The SLA does not apply to disruptions caused by: (i) force majeure; (ii) malfunctions of third-party networks; (iii) actions of the User.

B.13 Customised Contracts and Partnerships

B.13.1 Specific agreements. Should Drilldown and the User enter into a specific agreement, its provisions apply in addition. In the event of a conflict, the clauses of the specific agreement prevail.

B.13.2 White Label partnerships. Drilldown may grant third parties (“Partners”) the use of the Platform on a white label basis (zero attribution). In such case: (a) the Partner acts as independent controller of the processing of its own users’ data; (b) Drilldown acts as the technology provider and, where applicable, as data processor under Article 28 GDPR; (c) the Partner is responsible for its own T&Cs and privacy policy towards its own users; (d) the commercial terms are governed by a specific contract.

B.14 Exclusion of Warranties and Limitation of Liability

B.14.1 “As is” functionality. The Platform is provided “as is”. Drilldown does not warrant that: (i) it will meet all the User’s needs; (ii) the results will always be accurate; (iii) operation will be free from interruptions; (iv) any defects will be corrected immediately.

B.14.2 Limitation of liability. To the maximum extent permitted by law, Drilldown shall not be liable for indirect, incidental, consequential, special or punitive damages. Total liability may not exceed the amount of the fees paid in the preceding 12 months (or EUR 100 in the case of free use). The limitation does not apply in cases of wilful misconduct or gross negligence.

B.14.3 Indemnity of the Professional User. The User indemnifies Drilldown against losses arising from: (i) content that infringes third-party rights; (ii) breach of the Conditions; (iii) negligence or wilful misconduct; (iv) products sold through the Platform; (v) improper use of the anthropometric measurement functions or of the body images.

B.15 Duration, Suspension and Termination

B.15.1 Duration. The relationship comes into force upon acceptance of the Conditions and remains valid for the entire duration of the use of the Platform.

B.15.2 Withdrawal and portability. The User may withdraw by requesting the deletion of the Account. Before final deletion, they have a grace period of 30 days to export their own data and that of their own patients (CSV, JSON, PDF), including the anthropometric measurements.

B.15.3 Suspension or termination by Drilldown. Drilldown may suspend or terminate: (i) for the security of the Platform; (ii) for a serious or repeated breach; (iii) upon a measure of the Authority; (iv) upon cessation of the activity. Drilldown will provide notice with reasonable prior warning. In the event of termination not attributable to the User, Drilldown will refund the portion of the fee for the period not enjoyed.

B.15.4 Effects of termination. Upon termination, the User shall cease use. The clauses intended to survive (accrued payments, warranties, limitations of liability, indemnities, intellectual property, data processing) shall continue to be effective.

B.16 Court Having Jurisdiction

For disputes arising from this Section B, the Court of Milan (Foro di Milano) shall have exclusive jurisdiction, without prejudice to the mandatory fora provided for by the applicable law.

SECTION C — CARE SERVICE

Specific conditions for the nutritional intermediation service

C.1 Description of the Service

C.1.1 The Care Service is an intermediation service which allows the End User to identify and get in touch with nutrition professionals (hereinafter, the “Care Professionals”) belonging to the Careness network.

C.1.2 How it works. The User accesses the Care Service, provides information on their own nutritional needs and preferences, and receives one or more suggestions of Care Professionals suited to their profile. Should the User wish to proceed, Drilldown will transmit the User’s contact data to the selected Care Professional, who will contact the User directly in order to begin the consultancy.

C.1.3 Free of charge for the User. The Care Service is free of charge for the End User. Drilldown’s remuneration consists of a percentage of the professional service delivered by the Care Professional, as governed by a dedicated commercial agreement between Drilldown and the Professional.

C.2 Role of Drilldown

C.2.1 Intermediation. Drilldown acts solely as a technology intermediary. The Care Service does not constitute the delivery of healthcare, nutritional or medical services by Drilldown. Drilldown is not a party to the contractual relationship between the End User and the Care Professional and assumes no liability whatsoever as to the quality, timeliness or outcome of the professional service.

C.2.2 Selection of the Professionals. Drilldown undertakes to verify that the Care Professionals belonging to its network hold the declared professional qualifications (e.g. registration with a professional register, where applicable). However, Drilldown does not warrant the correctness of the information provided by the Care Professionals or the quality of the services delivered. Liability for the professional service remains entirely with the Care Professional.

C.3 User Data and Transmission to the Professional

C.3.1 Collection of data. In order to provide the Care Service, Drilldown collects from the End User the following data: contact data (first name, surname, e-mail, telephone), information on the nutritional needs and dietary preferences expressed by the User, and any other information provided voluntarily. Some of this information may fall within the special categories of data under Article 9 GDPR (data concerning health, preferences capable of revealing religious or philosophical beliefs).

C.3.2 Legal basis and consent. The processing of contact data is based on the performance of the service requested by the User (Article 6(1)(b) GDPR). For special category data, Drilldown requests the User’s explicit consent (Article 9(2)(a) GDPR) before transmission to the Care Professional.

C.3.3 Transmission. The data is transmitted solely to the Care Professional selected by the User. From the moment of transmission, the Care Professional becomes an independent data controller for the purposes of their own professional activity. Drilldown does not retain the User data transmitted to the Professional beyond the period strictly necessary for the provision of the intermediation service (a maximum of 6 months from transmission), save for legal obligations.

C.3.4 Minimisation. Drilldown transmits to the Care Professional solely the data necessary to contact and take charge of the User. No further data will be transmitted without the User’s consent.

C.4 Exclusion of Liability

C.4.1 Drilldown is not liable for: (i) the quality, adequacy or outcome of the Care Professional’s service; (ii) any breaches, delays or damages caused by the Professional; (iii) the financial terms agreed directly between the User and the Professional; (iv) the processing of data carried out by the Professional in the capacity of independent controller.

C.4.2 Complaints. For complaints relating to the professional service, the User shall address the Care Professional directly. For complaints relating to the operation of the Care Service (e.g. failure to transmit data, errors in the matching), the User may contact Drilldown at the contact details indicated in Article 7.

C.5 Consumer Protections

The End User of the Care Service benefits from the same protections provided for by Article A.7 (consumer’s court, ODR platform, unfair terms).

ANNEX 1

Data Processing Agreement

Applicable to the Nutrition and Fitness Modules of the Platform

Parties:

• Data Controller: the Professional who uses the Nutrition and/or Fitness modules and determines the purposes and means of the processing of the data of their own patients/clients;

• Data Processor: Drilldown S.r.l., which processes the personal data on behalf of the Controller.

1. Subject Matter and Duration

1.1 Subject matter. Pursuant to Article 28 GDPR, this agreement governs the processing of personal data which the Processor carries out on behalf of the Controller within the Nutrition and/or Fitness modules. The Processor shall process the data entered by the Controller (identification, nutritional, anthropometric data, body images) solely in order to provide the functions of the Platform.

1.2 Duration. It coincides with the duration of the contractual relationship relating to the modules concerned. The Controller may terminate it with immediate effect in the event of a serious breach.

2. Purposes of the Processing

The Processor provides the Controller with the Platform on a SaaS basis for the management of the nutritional and/or fitness activity: storing and processing information for personalised consultancies, dietary and/or training plans, monitoring of anthropometric parameters, management of communications and appointments.

3. Type of Personal Data Processed

The Processor processes on behalf of the Controller:

• Identification and contact data: first name, surname, e-mail, date and place of birth, contact details, addresses.

• Nutritional/health data: state of health, dietary habits, preferences, allergies, weight, anthropometric parameters, lifestyle. Special categories under Article 9 GDPR.

• Data from body scans: body photographs (rear and side, without the face), derived measurements, body composition. Special categories under Article 9 GDPR, processed with strengthened safeguards (Section 7).

4. Categories of Data Subjects

Patients/clients of the Controller, natural persons who receive consultancy and whose data is entered into the Platform.

5. Obligations of the Controller

The Controller undertakes to:

• ensure the lawful collection of the data, obtaining explicit consent under Article 9(2)(a) GDPR for special categories, and adequately informing the data subjects;

• provide documented and up-to-date instructions on the processing;

• regularly verify the Processor’s safeguards (right of audit with reasonable prior notice);

• respond to patients’ requests to exercise their rights;

• treat the Processor’s technical information as confidential.

6. Obligations of the Processor

The Processor undertakes, under Article 28 GDPR, to:

• process the data solely on documented instructions from the Controller;

• ensure the confidentiality of the authorised personnel;

• adopt adequate security measures under Article 32 GDPR (Section 7);

• not use the data for its own purposes;

• not engage sub-processors without authorisation (Section 8);

• assist the Controller with requests to exercise rights and with breach notifications;

• immediately inform the Controller of data breaches with all the information useful for notification under Articles 33-34 GDPR;

• make available documentation to demonstrate compliance;

• report any instructions conflicting with the legislation.

7. Security Measures

The Processor adopts technical and organisational measures under Article 32 GDPR:

• Access control: access limited to authorised personnel; secure authentication.

• Encryption: HTTPS/TLS in transmission; encryption at rest; pseudonymisation in aggregate analyses.

• Integrity and availability: regular Azure SQL backups; restore procedures; anti-malware measures and firewall.

• Testing: periodic verification of effectiveness; monitoring of security logs.

• Specific measures for body images: storage on Azure servers in the EU/EEA with encryption at rest; access limited to the Controller and to the patient through the app; images not indexed by search engines; no use for own purposes (including the training of algorithms) without the Controller’s express authorisation.

8. Sub-processors

The Controller hereby authorises the Processor to make use of the sub-processors listed in Annex 2. The Processor shall inform the Controller of additions or replacements with at least 30 days’ prior notice. The sub-processors are bound by obligations that are at least equivalent. The Processor remains fully liable for their conduct.

9. Transfers to Third Countries

Processing takes place mainly in the EU/EEA. Any transfers to third countries take place solely in compliance with Chapter V of the GDPR, on the basis of: (i) an adequacy decision; (ii) standard contractual clauses (SCC); or (iii) other appropriate safeguards. Annex 2 indicates, for each sub-processor, the location and the legal basis of the transfer.

10. Retention and Deletion

10.1 Retention during the relationship. The Processor retains the data in accordance with the following maximum periods:

The Controller may request the early deletion of the data of an individual patient through the Platform or through support.

10.2 Termination of the relationship. Upon termination, the Processor shall cease all processing. At the Controller’s choice (communicated within 30 days), the Processor shall return the data (CSV, JSON, PDF) or delete it permanently, including backup copies, save for legal obligations. Deletion shall be certified in writing upon request.

ANNEX 2

List of Authorised Sub-processors

Pursuant to Section 8 of Annex 1, the Controller authorises the Processor to make use of the following sub-processors:

* The location of 3DLook’s servers is in the process of being verified. In the event of a transfer outside the EEA, compliance with Chapter V GDPR will be ensured. Until formalisation, use will not be activated for patient data.

This list is updated as at [DATE]. Any amendment will be communicated to the Controller with at least 30 days’ prior notice.

VERSION RECORD

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