\ My Fit+ App MyFit+ App End-User License Agreement

End-User License Agreement

The terms and conditions as set out in this End-User License Agreement (this “Agreement”) is a legal and binding agreement between you as an individual (hereinafter referred to as “End-User” or “you”) and PT MSIG Life Insurance Indonesia Tbk (formerly known as PT Asuransi Jiwa Sinarmas MSIG Tbk). and its parent company and affiliates (individually and collectively the "Licensor"). This Agreement gives you the right to Use MyFit+ application (the “App”) on your portable electronic device (the “Device”).

By clicking the “I Agree” button, you hereby agree to be bound by and accept the terms of this Agreement and acknowledge that you have read and understood the Privacy Policy, including the processing of personal data as described therein.

If you do not click on the “I Agree” button, you will be unable to use the App. Please delete the App.

1. Grant of License
1.1

Subject to compliance with this Agreement, the Licensor hereby grants you a non-perpetual, non-exclusive, non-transferable, non-sub-licensable, revocable and limited License to Use the App solely for your personal use. You shall not under any circumstances whatsoever transfer the License to use the App to any third party.

1.2

All Intellectual Property Rights in the App and Documentation belong to the Licensor and the rights in the App and the Documentation are licensed (not sold) to you. You shall have no Intellectual Property Rights in, or to, the App and the Documentation apart from the right to use the App and the Documentation in accordance with the terms of this Agreement. The License does not imply an assignment or transfer of any Intellectual Property Rights over the App that the Licensor has provided to you.

1.3

You shall not: (a) copy the App, except for archival or emergency restart purposes in which case you shall ensure that all titles, trademarks, and copyright and restricted rights notices be reproduced on any such copy of the App; (b) translate, merge, alter, modify, adapt or convert the App in whole or in part or cause the App or any part thereof to be combined with or become incorporated in any other program except as necessary to use the App on Devices as permitted under this Agreement; (c) export the content, create mash-ups and/or offer extended services using the App (or any part thereof), including if this leads to: (i) the creation of a product or service potentially competing with the App, or (ii) a deterioration of the perceived quality of the App or (iii) an incorrect assignment of the results or contents of the App; (d) Reverse engineer, reconstruct, disassemble, decompile or otherwise make any attempt to discover the source code of the App or parts of the App; (e) Use the App, the contents and the results in a manner not in accordance with the intended process; (f) use or implement links or any form of automatic means to access the links or other information within the results; (g) place the App onto a server so that it is accessible via any public network such as the Internet; (h) make the App available to any third parties in whole or in part outside the scope of this Agreement; (i) rent, lease, sublicense, sell, assign, loan, or otherwise transfer the App; and (j) remove or destroy any product identification, copyright notices, or other proprietary markings or restrictions from the App.

2. Rights and Obligations of End-Users
2.1

You can access and download the App at any time via the Apple App Store and Google Play Store. The App may only be installed on a single Device at any time. If you download or stream the App onto any Device not owned by you, you must have the owner’s permission to do so. You must at all times comply with the terms of this Agreement and all laws and terms relating to the use of the App including the terms and conditions of the relevant app store, whether or not you owns the Device. Without prejudice to the generality of the foregoing, you shall not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously including by hacking into or inserting malicious code into the App.

2.2

You are solely responsible for procuring access to the internet and for all costs and expenses in connection with internet access, communications, data transmission and wireless or mobile charges incurred by you in connection with Use of the App. The Licensor also does not provide any form of data backup or disaster recovery facilities.

2.3

You shall not transmit any material or content that is defamatory, offensive, illegal or in any way abusive or otherwise inappropriate in relation to the use of the App. The Licensor reserves the right at all times to delete material or contents of the End-User from the App if the Licensor in its sole discretion believes that the content: (a) is defamatory, offensive, illegal or in any way abusive or otherwise inappropriate; (b) is in breach of this Agreement or any Intellectual Property Right or any privacy or any other right; and/or (c) consists of software viruses.

2.4

You shall not: (a) infringe the Licensor’s Intellectual Property Rights or those of any third party in relation to your use of the App including by the submission of any material or content; (b) use the App in a way that could damage, disable, overburden, impair or compromise the Licensor’s systems or security or interfere with other users; (c) collect or harvest any information or data from the App or the Licensor’s system or attempt to decipher any transmission to or from the Licensor’s servers; and (d) use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms.

2.5

If you download applications outside of the Appstore and Play Store, then we are not responsible for the content in the application.

3. Reward Points
3.1

By: (a) using the App and its features; (b) linking the App with third-party wearable device(s); and/or (c) manually entering the data generated by third- party wearable device(s) data, you may accrue reward points. Reward points, rewards and/or discounts are offered at the discretion of the Licensor. In addition to this Agreement, additional terms and conditions may apply to the rewards and/or discounts offered by selected third party partners.

3.2

Rewards points do not represent any monetary value and should never be redeemed against any such value. By default, Reward points will be cancelled, forfeited and are no longer available for redemption: (a) by the end of the next calendar year following the year in which they are obtained unless specified otherwise; (b) immediately after you terminate its account; and (c) at any time in the Licensor’s sole discretion and without notice or any liability to you if the Licensor suspects and/or discovers any fraudulent activities related to the use of the App, the reward points, the rewards and/or the discounts.

Redemption of e-vouchers
3.3

You may use your reward points to redeem for e-vouchers from the list of participating third party partners on the App. All e-vouchers are subject to availability and on a first-come-first-serve basis. Upon successful redemption, the corresponding reward points will be deducted from your account. If there is an error in the amount of reward points required for the redemption, the Licensor reserves the right to (i) cancel your redemption request; or (ii) process your redemption request and adjust the correct amount of reward points required for the redemption from your account. In the event that the requested e-voucher is out of stock or unavailable for whatever reason, the Licensor reserves the right to substitute the e-voucher with a voucher of similar value, change the conditions of the e-voucher (including the expiry date) or remove the e-voucher from the App. Additional terms and conditions may apply to the e-vouchers offered by the participating third party partners.

3.4

The Licensor may in its discretion, apply different tiers of reward points to different End-Users for the redemption of each e-voucher, including but not limited to restricting the redemption of certain e-vouchers to selected End- Users.

4. Termination
4.1

The Licensor shall have the right to terminate this Agreement immediately if, at its sole discretion, the Licensor determines that you are in breach of this Agreement. If the Licensor is of the view that any breach can be remedied, it will give you a reasonable opportunity to remedy the breach.

4.2

If the Licensor terminates this Agreement: (a) You shall stop all activities authorized by the terms of this Agreement, including the use of the App and the Documentation; (b) You shall delete or remove the App from all Devices in your possession and immediately destroy all copies of the App and confirm upon request of the Licensor that this has been done; and (c) the Licensor may cease providing You with access to the App. The Licensor’s rights and its obligations shall survive the termination of this Agreement.

5. Upgrades
5.1

The Licensor may, at its sole option, make upgrades to the App available in the Apple App Store, the Google Play Store, its website or by any other means or methods. Such upgrades may be made available pursuant to the terms of this Agreement or the release of such upgrades to you may be subject to your acceptance of another agreement.

6. Support Services
6.1

The Licensor is not obligated to provide Support Services for the App. If the Licensor does provide you with Support Services, these will be governed by separate terms to be agreed between you and the Licensor.

7. Limited App Warranty
7.1

To the maximum extent permitted by applicable law, except as otherwise expressly provided in this Agreement, the Licensor provides the App, the contents, the results and any support services on an “as is” “as available” basis (with all faults). The entire risk as to satisfactory quality, performance, accuracy, and effort lies with you.

8. No Other Warranties
8.1

The Licensor does not warrant that: (a) the App will operate error-free and/or uninterrupted; (b) a connection between third-party wearable device(s) and the App can be established and/or maintained, including but not limited to any failure, interruption, delay, suspension or restriction of any data transmission between the third-party wearable device(s) and the App; (c) the App will meet the intended requirements and/or results; (d) the App can be downloaded and/or used; and/or (e) the data obtained from or presented by the App is accurate, free of errors and/or omissions, and/or otherwise reliable.

8.2

You acknowledge that the App together with its features and content are provided for general information purposes only and they do not offer advice, including but not limited to medical advice, upon which you should rely. The App and any of its features are not intended to be a medical device, and they do not provide, and are not intended to provide, any confirmed medical diagnoses or any detection or confirmation as to whether a user has any illness or disease. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. To the maximum extent permitted by applicable law, the Licensor disclaims all warranties and conditions, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and accuracy or completeness of results with respect to the App, the contents and the results. There is no warranty against infringement. The Licensor does not warrant that you will be able to download, copy, store, display, transfer, and/or play secure content.

8.3

The reliability of Good Health results is affected by the accuracy and recency of data provided. Our platform is not a healthcare provider nor it is intended to provide a deterministic assessment of your individual state of health and should not be treated as a diagnosis, or substitute for professional medical care and evaluation. Please consult your doctor or healthcare provider if you require any clarifications on your health condition and before making any decisions that may affect your health.

9. Limitation of Liability
9.1

To the maximum extent permitted by applicable laws, under no circumstances will the Licensor be liable for any consequential, special, indirect, incidental or punitive damages whatsoever, including, without limitation, damages for loss of profits or revenues, business interruption, loss of business information, loss of data, loss of use or other pecuniary loss, unless such damage and/or loss is directly caused by the Licensor. In any case, the entire liability of the Licensor howsoever arising under or in connection with this Agreement shall be limited to greater of: the (a) amount actually paid (if any) by you for the App License in the six (6) months immediately preceding the occurrence of the event which is the basis of the claim; and (b) USD 50.

10. Trademarks
10.1

The names used in this Agreement, in the App, by the Licensor and in the Documentation may constitute trademarks of the Licensor, or other third parties. You are not authorized to use any such trademarks.

11. Governing Law
11.1

This Agreement shall be governed by and construed under the laws of [insert local jurisdiction] and all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting in [insert local jurisdiction], and you and the Licensor consent and agree that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Possible applicability of CISG 1980 is explicitly excluded.

12. General
12.1

If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. The Licensor reserves the right to change the terms of this Agreement to reflect changes in law or best practice or to deal with additional features which the Licensor is seeking to introduce. The Licensor will notify you of any change when you next start the App. If you do not accept the notified changes, you will not be permitted to continue to use the App. The Licensor shall have the right to transfer its rights and obligations under this Agreement to a third party without the need to seek your prior consent.

13. Definitions

The following definitions apply to this Agreement:

“App”

means the App, whether offered as a stand- alone application or incorporated into any existing application or End-User interface, including the corresponding Documentation as provided by the Licensor;

“Documentation”

means all the information regarding the App, such as the installation guide, functionality description, Privacy Policy and user manual.

“Intellectual Property Rights”

means all rights in inventions, patents, copyrights, design rights, trademarks and tradenames, service marks, trade secrets, know-how and any other intellectual property rights (whether registered or unregistered) and all applications for any of them, anywhere in the world;

“License”

means the License in respect of the App granted by the Licensor to you as further described under Article 1;

“Licensor”

means PT MSIG Life Insurance Indonesia Tbk (formerly known as PT Asuransi Jiwa Sinarmas MSIG Tbk), its affiliated companies and its successors;

“Open Source Terms”

means the terms of any License that directly or indirectly create, or purport to create, obligations for the Licensor with respect to the App and/or derivative works thereof; or grant, or purport to grant, to any third party any rights or immunities under intellectual property or proprietary rights in the App or derivative works thereof;

“Support Services”

means technical or other support services to be provided by the Licensor, or such party appointed by the Licensor, to you;

“Use”

means (i) accessing or downloading the App into temporary or permanent primary memory of the Device, and any other intended use as set out in this Agreement or (ii) copying the App only for archival or emergency restart purposes.

Last updated: November 2023