General Terms and Conditions for End Users of NewU

Version 2.0.0 · Effective date: 9 October 2026

These are the terms and conditions governing the use of NewU. They set out what you may expect from us and what we expect from you. We have endeavoured to keep them as concise and readable as possible.

These terms and conditions apply between you and RabbitQuest B.V., the company that operates NewU. Before you use the Service for the first time, these terms and conditions will be presented to you and you will be asked to expressly accept them.

The manner in which we handle your data is not set out in these terms and conditions, but in our Privacy Policy, which can be consulted at https://www.newu-app.io/en/privacy-policy.

Should you have any questions, please e-mail us at info@newu-app.com.

Article 1 - Who are we and what is the Service?

1.1 NewU is the trade name of RabbitQuest B.V., having its registered office at Tolstraat 127, 1074 VJ Amsterdam, the Netherlands, and registered with the Netherlands Chamber of Commerce (Kamer van Koophandel) under number 75177307.

1.2 References to “the Service” are references to the NewU app and the parts of www.newu-app.com that you use as a user: your account, habits, challenges, content and surveys.

1.3 These terms and conditions apply to you as an individual user. Where a person manages the Portal on behalf of an organisation, such use is governed by the General Terms and Conditions of Sale and the agreement between NewU and that organisation.

Article 2 - NewU through your employer

2.1 Most persons use NewU because their employer or organisation makes it available to them. This operates as follows:

Your organisation enters into a contract with NewU and may provide NewU with your data from the employee file in order to invite you and prepare your access to NewU. NewU processes these data on behalf of your organisation in its capacity as processor.
As soon as you accept the End User Terms and Conditions and activate your personal account, NewU processes the data of your personal account as an independent controller for its own purposes as described in the Privacy Policy.
These terms and conditions apply between you and NewU. Your organisation is not a party thereto.
Your organisation cannot accept these terms and conditions or give privacy consents on your behalf. It may, however, determine which parts of the Service it makes available to employees.

2.2 Participation is always voluntary. You are never obliged to use NewU or to complete a survey. NewU does not provide your organisation with individual participation data and does not report who uses the Service or completes a survey.

2.3 Upon termination of your organisation’s contract, your access to the parts of the Service paid for by your organisation may cease. During the retention periods set out in the Privacy Policy, and insofar as technically available, NewU shall provide adequate means for you to view and download your own data, to anonymise your profile or to have your data deleted. This does not confer any right to unlimited personal use of the full Service.

2.4 You shall not pay NewU any fee for parts of the Service that your organisation makes available to you. Should NewU at a later date offer a paid personal feature, only the price and supplementary terms to which you separately agree shall apply thereto.

Article 3 - Your account

3.1 The following rules apply to your account:

You must be at least 16 years of age to use NewU.
Your account is personal. You shall not share your account or login credentials with others, and you shall not sell, rent out or transfer your account. You shall not create an account for another person. An organisation may prepare or send invitations to employees, but shall not use or manage your personal account.
The information you provide upon registration shall be accurate and you shall keep it up to date.
You shall secure your password and other login credentials with due care. Please report any suspected misuse as soon as possible to info@newu-app.com.
You shall not create accounts by automated means, such as scripts or bots.
You shall not attempt to circumvent any security measures or gain access to accounts, data or parts of the Service for which you are not authorised.

3.2 You may delete or anonymise your account yourself at any time via “Rights and permissions” in the app. You are not required to state any reason for doing so.

Article 4 - Health and medical disclaimer

4.1 NewU provides information, personal insights and general suggestions to help you work on your health and vitality. The Service does not provide medical care.

NewU is not a medical institution and does not make diagnoses.
The information in the Service does not replace a physician, therapist or other healthcare provider, and is not intended to diagnose, treat or prevent any disease or condition.
If you believe that you have a medical or psychological condition, please consult a physician.
In the case of a challenge involving physical exertion, you shall assess whether participation is responsible for you. Stop if you experience any symptoms and, in case of doubt, prior injury or a medical condition, consult a physician first.

4.2 Survey involving an occupational physician. Only if your organisation has, in advance and separately, established a procedure involving an occupational physician or occupational health and safety service, and you have been informed thereof prior to the survey, may the occupational physician obtain access to your individual results via a secure portal, after you have given your separate and explicit consent thereto. NewU enters into a separate agreement with the occupational physician or occupational health and safety service, setting out obligations of confidentiality and security and a prohibition on sharing results with your employer. The physician shall use your data exclusively for occupational health guidance and is bound by medical professional secrecy. This procedure is not a standard condition for the use of NewU. Your employer shall never receive your individual results.

Article 5 - Permitted and prohibited use

5.1 NewU is a closed environment in which your colleagues participate. Accordingly, certain rules of conduct apply. You shall not use the Service to:

threaten, bully, stalk, discriminate against or harass others, or impersonate another person;
post violent, sexual, discriminatory or otherwise offensive content;
send unsolicited commercial communications or spam;
share private data or confidential information of others;
disrupt the Service or our systems, for example by means of viruses or malware;
collect data from the Service by automated means, for example by means of scrapers or bots;
use the Service for any purpose that is contrary to the law.

5.2 We may remove content or render it inaccessible if such content is in breach of these rules or is harmful to other users, without notifying you in advance. We are under no obligation to review content in advance and we are not responsible for content posted by users.

Article 6 - Your content

6.1 If you post a photograph or comment in connection with a challenge, it shall remain yours. You grant NewU solely the right to display it to the other participants in that challenge for as long as your account exists. We do not use your photographs for marketing or any other purposes.

6.2 You shall ensure that you hold the rights to the content you post and that such content does not infringe the rights of others.

6.3 Your answers to questionnaires and your survey results do not fall within the scope of this Article. They do not constitute content within the meaning of this Article. They are not visible to your organisation and are processed as described in the Privacy Policy.

Article 7 - Our rights

7.1 The NewU app, the website, the content we provide, our name and our logo are the property of NewU and are protected by intellectual property rights.

7.2 We grant you the right to use the Service for as long as you hold an account. You may not copy, sell, rent out, sublicense or resell the Service, nor attempt to reverse engineer its source code or modify the software.

Article 8 - Availability of the Service

8.1 We use our best endeavours to ensure that the Service functions properly and remains available. Nevertheless, the Service may be temporarily unavailable, for example due to maintenance, a malfunction or a problem at a supplier.

8.2 We may modify the Service at no additional cost for reasons of security, legislation, technical developments, compatibility, maintenance, capacity or functional improvement. In doing so, the Service shall continue to meet what you may reasonably expect under the agreement.

8.3 We continuously develop NewU. Accordingly, we may modify or extend the Service and discontinue parts thereof. This also applies to the content we provide, such as habits, challenges, recipes and videos.

8.4 NewU retains your data in accordance with the periods set out in the Privacy Policy and is not a permanent back-up service. Should you wish to keep an additional copy yourself, you may download it via “Rights and permissions”.

Article 9 - Third-party services

9.1 The Service may contain links to websites or apps of third parties. We have no control over these and accept no responsibility for them.

9.2 If you connect a wearable to NewU yourself, your activity data will be shared with NewU via our partner. You do so voluntarily and may disconnect the connection at any time. How this works is set out in the Privacy Policy.

Article 10 - Liability

10.1 NewU shall be liable for damage that is the direct consequence of a failure in performance or a tort attributable to NewU, insofar as such liability arises under the law.

10.2 To the extent permitted by law, NewU shall not be liable for indirect damage, including consequential damage, loss of income, loss of savings, reputational damage and loss of data of which you could have made a copy yourself. Nor shall NewU be liable for damage arising from your provision of incorrect information, your failure to follow necessary instructions or security updates, your failure to adequately secure your login credentials, or the failure of an external service beyond our control.

10.3 The foregoing limitations shall not apply in the event of intent or deliberate recklessness on the part of NewU’s management, in the event of death or personal injury insofar as limitation is not permitted, or where mandatory law precludes limitation.

10.4 Nothing in these terms and conditions limits your mandatory consumer rights. If the Service does not meet what you may expect under the agreement and the law, you may request NewU to remedy the problem within a reasonable period and free of charge. You retain all other statutory remedies.

10.5 Insofar as NewU is liable, such liability shall be limited to € 500 per event and per calendar year. This limitation shall not apply in the cases referred to in Article 10.3.

Article 11 - Termination

11.1 You may delete your account at any time via the app.

11.2 We may temporarily restrict or terminate your access to the Service if:

you breach these terms and conditions;
you use the Service in a manner that causes harm to others or to NewU;
we are legally obliged to do so;
the contract between NewU and your organisation terminates (see Article 2).

11.3 We shall inform you in advance where possible and, where possible, give you a reasonable opportunity to remedy the situation. In the event of an acute threat, serious misuse or a legal obligation, we may act immediately and shall inform you as soon as reasonably possible. Upon termination, your right to use the Service shall lapse. Provisions which by their nature are intended to survive termination, including those concerning intellectual property, liability and governing law, shall remain in force. What happens to your data is set out in the Privacy Policy.

Article 12 - Privacy

12.1 The manner in which NewU handles your personal data is set out in the Privacy Policy, available on our website (https://www.newu-app.io/en/privacy-policy). The Privacy Policy sets out, among other things, which data we process, on which legal basis, for how long we retain them and how you may exercise your rights.

12.2 These terms and conditions do not alter your privacy rights. The Privacy Policy explains how NewU processes personal data; it does not form part of this agreement and does not require your acceptance. In the event of any conflict between these terms and conditions and the Privacy Policy regarding the processing of personal data, the Privacy Policy shall prevail.

12.3 We request your separate consent for the processing of your health data at the start of each survey. Such consent is independent of these terms and conditions.

Article 13 - Amendments to these terms and conditions

13.1 We may amend these terms and conditions. Each version bears a version number and a date.

13.2 In the case of textual amendments, such as a rewording or a correction without consequences for your rights or obligations, we shall only update the version number and the date.

13.3 In the case of substantive amendments, we shall inform you before the effective date in a manner that allows you to retain the information, and shall explain what is changing. If your rights or obligations change materially, we shall ask you to expressly accept the amended terms and conditions. If you do not accept them, the existing agreement shall remain in force, unless continuation under the previous terms and conditions is not reasonably possible owing to a legal obligation, a security risk or a material change to the Service.

In that event, NewU may terminate the agreement subject to prior notice, with due observance of any statutory rights of the user.

13.4 The most recent version and an archive of previous versions are available on our website. For as long as such archive is not yet technically available, you may request a previous version via info@newu-app.com. NewU makes these terms and conditions available in several languages. All language versions bear the same version number. Should the content of a translation deviate, the Dutch version shall prevail.

Article 14 - Miscellaneous provisions

14.1 Invalid provisions. If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions shall remain in force. The invalid provision shall be replaced by the rule provided by law; to the extent the parties have latitude, they shall seek a valid solution that approximates the purpose of the provision as closely as possible without limiting your statutory rights.

14.2 No waiver. Our failure to enforce a provision on any occasion shall not constitute a waiver thereof.

14.3 Governing law. These terms and conditions are governed by Dutch law. Disputes shall be submitted to the competent court in Amsterdam, unless the law designates another court.

Contact

Should you have any questions regarding these terms and conditions, please e-mail us at info@newu-app.com.

RabbitQuest B.V. (NewU), Tolstraat 127, 1074 VJ Amsterdam, the Netherlands, Chamber of Commerce no. 75177307.