PROJECT PARTICIPATION AGREEMENT and Participant Consent and Release This Project Participation Agreement and Participant Consent and Release (“Agreement and Consent”) includes (1) information about how The Breathing App, LLC, incorporated and registered in Delaware, USA, (the “Company” or “we”) may collect, use and disclos e your personal data for purposes of the Project (defined below), (2) the terms of your participation in the Project including the Release from Liability, and (3) your signed acknowledgment that you have read and understand this Agreement and Consent and y our consent to the collection, use , and disclosure of your personal information as described below. It is agreed as follows: The Project You have voluntarily agreed to participate in the Company’s initial - stage business development project (“the Projec t”) to design and build an online app to guide the participant(s) in slow breathing and movement practices to support the alleviation of symptoms associated with diabetes (the “Service” or “Services”). The objective of the Service is to test the user acces sibility and experience of 28 - day guided breathing and movement practices. We will ask you to: ● Answer an online questionnaire. ● Join weekly Zoom calls. ● Complete the 28 - day course to the best of your ability. ● C omplete an online survey to rate your experience using the online service app. Collection, Use, and Sharing of Your Personal Data As a participant in the Project, you will be asked to provide personal data to the Company and its Service Providers (defi ned below). The personal data will include your name and contact and, depending on the Services you select, may include sensitive personal data about your date of birth, country of residence, and the type of diabetes that you have. Your personal data will be transmitted to the Company and its developers located in the United States, Amsterdam, Prague, and the United Kingdom. Protection of Personal Data The Company and other service providers who assist the Company in providing the Service (collectively, “Service Providers”) are required to implement commercially reasonable technical and organizational security measures appropriate to the sensitive nature of your personal data. The Company and the Service Providers are not permitted to sell your personal data or lease or exchange it for valuable consideration. The Company and its Service Providers may use your personal data only for the following purposes: ● For internal product development and quality assurance. ● For research and development , if the data are anonymized and aggregated basis and cannot be used to identify you. ● Marketing purposes (unless you direct us not to). ● Other purposes for which you give your express consent. The Services Are Not Medical Advice and Not Intended for Medica l or Healthcare Purposes You understand and agree to each of the following limitations and restrictions on the information and recommendations you receive as a participant in the Project: ● The Services are not medical advice and are provided for your gene ral informational, educational , and lifestyle enhancement only. ● The analysis, assessments, and recommendations you receive are not based on direct medical or other scientific testing on this 28 - program but are based on evidence - based best practices accrued from third - party peer - reviewed research. ● You will not use any of the information, results, or recommendations you receive from your participation in the Project for any medical purposes. ● If you have a physical or mental health condition, illness, or other health or medical problem, you confirm to the Company that you have consulted with your doctor or other qualified healthcare professional for any appropriate guidance before you participa te in the Project. ● The Company and the Service Providers are not responsible or liable in any way for how you interpret or use any recommendations or other information that you receive. ● The Company and the Service Providers may retain and use on an anon ymized basis any data derived from your information. ● The Company will retain your personal information for the purposes listed above until your account is deleted, and you confirm that you want your personal information to be deleted, or otherwise up unti l 12 months from the end of your participation in the Project. Right to Withdraw Consent to Further Use of Your Personal Data or Terminate Participation in the Project At any time, you may choose to withdraw consent for continuing use of your identifiable data by the Company , or you may terminate your participation in the Project by sending an email to: ask@thebreathing.app The Company will process your request prompt ly. However, please note the following information. If you withdraw your consent, we will discontinue the use of your personal data going forward. Withdrawing your consent does not affect how we used your data in the past. I f you withdraw consent to the continued use of your identifiable data or terminate your participation in the Project, the Company and its Service Providers retain the right to use your personal data if it has been fully anonymized and cannot be used to personally identify you. We may a lso retain your personal data as permitted or required by applicable law. Release from Liability In exchange for your participation in the Project and receipt of the Services without charge, you hereby release the Company and its Service Providers, as well as their respective employees, representatives, officers, successors, and assigns, from any and all claims, liabilities, damages, and obligations of every kind and nature, known or unknown, arising out of or related to the Project, your participation in the Project, and your submission of your personal data in connection with the Project and the Services. You agree that this release is binding on your heirs, personal representatives, successors, and assigns. Confidential Information and Your Confiden tiality Obligations “Confidential Information” means all confidential information in whatever form (including written, oral, visual, or electronic form, or on tape or disk) relating to the Project which the Company directly or indirectly discloses or make s available to you. It includes: information relating to the Project; the existence and terms of this agreement; information relating to the business, affairs, customers, clients, suppliers, plans, intentions , market opportunities, operations, processes, p roduct information, know - how, technical information, designs, trade secrets, or software of the Company; any information, findings, data or analysis derived from Confidential Information, and any other information that is identified as being of a confident ial or proprietary nature. In return for the Company making Confidential Information available to you, you undertake to the Company that you shall: keep the Confidential Information secret and confidential; not use or exploit the Confidential Information in any way except for the Project; not directly or indirectly disclose or make available any Confidential Information in whole or in part to any person except as expressly permitted by and in accordance with this agreement; not copy, reduce to writing or o therwise record the Confidential Information except as strictly necessary for the Project - any such copies, reductions to writing and records shall be the property of the Company; and not use, reproduce, transform or store the Confidential Information in an externally accessible computer or electronic information retrieval system or transmit it in any form or by any means other than for the Project. Governing Law and Jurisdiction This agreement and any dispute or claim (including non - contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive juris diction to settle any dispute or claim (including non - contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Your Agreement and Consent to Participating in the Project By signing below, you hereby confirm and certify the following: ● I am at least eighteen (18) years of age and have the legal capacity to enter into this Agreement and Consent. ● I intend this agreement and consent to be effective in all countries of the world. ● I freely and knowingly enter each of the agreements as set out in this Agreement and Consent , including the Release from Liability ● I freely and knowingly give my consent to participate in the Project and to receive the Service , including my consent to the processing of my personal data, and sensitive personal data in connection with my participation in the Project. ● I have been given the opportunity to ask questions and receiv e answers about the Project and to obtain independent legal advice of my choice prior to signing this Agreement and Consent.