IT·EN

Terms of Service

Aku · A wellness companion for people living with tinnitus
Version 2.0 · Effective 10 July 2026

This is a courtesy translation. In case of any discrepancy, the Italian version prevails.

These Terms of Service ("Terms") govern the contractual relationship between the Provider and the User in relation to the use of the Aku application. They apply together with the Privacy Policy (v2.0) and the legislation in force, in particular the Italian Consumer Code (Legislative Decree 206/2005, as amended by Legislative Decree 170/2021 implementing EU Directive 2019/770 on digital content), the GDPR, and the legislation applicable to information society services.

Art. 1. Identification of the Provider

The Aku service (the "App" or the "Service") is provided by:

Mattia Peirano, self-employed professional, with registered office at Via Ugo Bassi 22, 20159 Milan (MI), Italy, VAT no. 01640360085, Italian tax code PRNMTT92S17D969H (the "Provider").

The App is developed and operated by the Provider exclusively in his capacity as a digital entrepreneur and not in the exercise of the profession of hearing care professional. The Service is in no way attributable to the exercise of a healthcare profession and does not constitute professional healthcare activity.

Contact details:

The Provider responds to communications sent to the addresses above within 5 business days of receipt.

Art. 2. What Aku is and what it is not

2.1 Description of the Service. Aku is a mobile wellness application designed to accompany adults living with tinnitus in their daily lives. The Service includes:

2.2 Non-medical nature of the Service: explicit declaration.

Aku is NOT a medical device. The App is not registered as a medical device with the Italian Ministry of Health under Legislative Decree 46/1997 as amended, nor under Regulation (EU) 2017/745 (MDR), and is not subject to supervision by the competent health authority in that capacity. Aku does not provide healthcare services, does not make diagnoses, and does not prescribe or replace any therapy. Aku is in no way a substitute for your relationship with your doctor, ENT specialist, hearing care professional, or any other healthcare professional.

If you have recently developed tinnitus, a sudden drop in hearing, pulsatile tinnitus, dizziness, or other symptoms that worry you, see a doctor without delay. In an emergency, call 112 (or your country's emergency number).

2.3 Nature of the responses generated by artificial intelligence. The conversational companion's responses are generated by an artificial intelligence system (see Art. 3): they are intended for support and wellbeing purposes, may contain errors, inaccuracies, or outdated information, and do not constitute medical, psychological, legal, or other professional advice. The App's content, including AI responses, must never be used as the sole basis for decisions concerning your health.

In particular, do not use the App:

Always verify information relevant to your health with a qualified professional.

2.4 Psychological support resources. If you are experiencing serious psychological or emotional distress, the Provider encourages you to contact a mental health professional or one of the following resources:

Art. 3. The artificial intelligence system: information and transparency

3.1 Nature of the AI system and compliance with the AI Act. Aku's conversational companion is based on an artificial intelligence model provided by Anthropic PBC (Claude model). The user interacts with an artificial system, not with a natural person: Aku is not a human being. This information is provided in fulfilment of the transparency obligation under Art. 50 of Regulation (EU) 2024/1689 (AI Act).

The Provider has carried out an assessment of the classification of the AI system under the AI Act. The system does not fall within the categories of prohibited AI systems (Art. 5 AI Act). The Provider monitors the evolution of the legislation and updates the system in accordance with the applicable obligations as the AI Act becomes fully applicable.

3.2 Operation and limitations. Responses are generated automatically on the basis of the information shared by the user during the conversation and their wellbeing profile. AI responses:

The processing of personal data connected with the use of the AI companion is governed by the Privacy Policy (v2.0), which forms an integral part of these Terms.

Art. 4. Requirements for use

To use Aku you must:

Headphones or earphones are recommended for some audio features. Always use a moderate volume: prolonged listening at high volume can damage your hearing.

Art. 5. Minimum age

The Service is reserved for persons who have reached 18 years of age. Legal age is declared by the user at sign-up, by means of a specific self-declaration. Providing false information about one's age has civil and criminal consequences.

The Provider does not knowingly collect data from persons under 18. Should the Provider become aware that a minor has created an account, it will close the account and delete the related data without undue delay.

Art. 6. Account

The account is personal and non-transferable. The user is responsible for the confidentiality of their login credentials and for all activities carried out through their account.

Account deletion. The user can delete their account at any time from the "Settings" section of the App. Following deletion:

Account deletion does not entail any refund of subscription fees already paid for the current period, except as otherwise provided in Art. 9.

Art. 7. Subscription, free trial, and payments

7.1 Access model. Aku is offered as an auto-renewing subscription, available through the Apple App Store or Google Play. The price is shown in the App and in the stores before purchase, with an indication of the renewal frequency (monthly or annual) and the total cost of the period.

7.2 Free trial. Upon first sign-up, a 7-day free trial with full access to the Service is offered. At the end of the trial period, the subscription starts and renews automatically, unless cancelled at least 24 hours before the end of the trial period, following the procedures of the store used for the purchase.

7.3 Management and cancellation. The subscription is managed and cancelled directly from the Apple (App Store) or Google (Google Play) account settings. Cancellation takes effect at the end of the subscription period already paid for: access to the Service remains active until the natural expiry of the period.

7.4 Payments and refunds. Payments are handled entirely by Apple or Google, as distribution platforms. Refund requests are exercised in the first instance according to the procedures and policies of the store through which the purchase was made.

Direct channel of the Provider. If the store has not acted on a refund request within 15 business days of its submission, or if the user is entitled to a refund under these Terms or the applicable legislation, the user may contact the Provider directly by writing to legal@aku-app.com, attaching proof of purchase. The Provider will respond within 10 business days of receiving the request and, where it finds the request well founded, will provide a direct refund within the limits allowed by the store distribution model.

7.5 Price changes. Any changes to the subscription price will be communicated to the user with at least 30 days' notice before the renewal concerned, through an in-app notification and/or by email. Price changes only apply from the renewal following the communication. If the user does not accept the change, they can cancel the subscription before renewal without incurring any penalty.

Art. 8. Right of withdrawal for consumers

8.1 Right of withdrawal: general principle. If you are a consumer residing in the European Union, you have the right to withdraw from the contract within 14 days of the conclusion of the contract (date of purchase), pursuant to Art. 52 of Legislative Decree 206/2005 (Italian Consumer Code) and Directive (EU) 2019/770.

8.2 Loss of the right of withdrawal for digital content: formal requirements. Pursuant to Art. 59(1)(o) of the Italian Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content not supplied on a tangible medium, where performance has begun with the consumer's prior express consent and their express acknowledgement of the consequent loss of the right of withdrawal.

Before completing the purchase (or activating the free trial), the Provider asks the user to give their express consent by means of a dedicated checkbox, with the following wording (or equivalent):

"I expressly request that the Aku Service begin immediately during the 14-day withdrawal period and I acknowledge that, as a result of this request, I lose the right of withdrawal pursuant to Art. 59(1)(o) of the Italian Consumer Code."

Acceptance of this checkbox is separate from acceptance of these Terms and the Privacy Policy. A user who has not expressly made this selection is not subject to the loss of the right of withdrawal.

The Provider retains documentary evidence of the express consent and acknowledgement for each transaction.

8.3 Purchases through the Apple App Store and Google Play. For purchases made through the Apple App Store or Google Play, the mechanisms for collecting the express consent and acknowledgement referred to in Art. 8.2 are implemented in the App's interface before redirection to the store's purchase system. The right of withdrawal and refund requests may be exercised in accordance with the procedures provided by the store. The Provider's direct channel under Art. 7.4 applies in any case.

Art. 9. Legal guarantee of conformity of digital content and services

9.1 Applicability. Pursuant to Art. 135-octies et seq. of Legislative Decree 206/2005 (as amended by Legislative Decree 170/2021 implementing Directive (EU) 2019/770), the Provider is liable to the consumer for any lack of conformity of the digital Service.

The Aku Service is provided as a renewable open-ended subscription. The legal guarantee of conformity applies for the entire duration of the active subscription: the Provider is required to supply the Service in conformity with the contract for the entire duration of the relationship.

9.2 Lack of conformity. A lack of conformity exists where the Service:

An interruption of the Service attributable to causes external to the Provider (e.g. malfunction of the consumer's internet connection, unavailability of the stores' operating systems) does not constitute a lack of conformity.

9.3 How to report a lack of conformity. To report a lack of conformity, the consumer can write to legal@aku-app.com, indicating:

The Provider acknowledges receipt within 2 business days and responds on the merits within 10 business days of receiving the report.

9.4 Remedies. In the event of an established lack of conformity, the consumer is entitled, in the following order, to:

Any further remedies provided by law remain unaffected.

Art. 10. Relationship with the stores (Apple and Google)

The App is distributed through the Apple App Store and Google Play. Apple Inc. and Google LLC are not parties to the contractual relationship between the consumer and the Provider and are not responsible for the App, its content, or its operation.

For the App downloaded from the Apple App Store, the user acknowledges that:

Equivalent provisions, insofar as compatible, apply to purchases through Google Play.

Use of the App is also subject to the respective Terms of Use of the Apple App Store and Google Play.

Art. 11. Permitted and prohibited use

The user may use Aku exclusively for personal and lawful purposes, in compliance with these Terms, the applicable legislation, and the rights of third parties.

It is prohibited to:

Art. 12. Suspension, restriction, and closure of the account

12.1 Urgent measures. In the event of established fraudulent activity, unauthorised access to the systems, use of the Service in breach of criminal law, or conduct posing an immediate risk to the security of the Service or of other users, the Provider may immediately suspend the account, notifying the user within 24 hours of the suspension by email to the registered address. The user may contest the suspension by writing to legal@aku-app.com within 7 business days of the notification; the Provider responds within 5 business days of receipt.

12.2 Closure for established violations. In the event of violations of these Terms that do not fall within the urgent cases under Art. 12.1 (e.g. repeated use of the App for prohibited purposes, repeated submission of unlawful content in conversations), the Provider:

12.3 Refund in the event of closure. In the event of permanent closure of the account at the Provider's initiative due to the user's violations, no refund is due for the remaining subscription period. In the event of closure of the account at the Provider's initiative for reasons not attributable to the user (e.g. discontinuation of the Service), the Provider refunds the proportionate share of the subscription paid for the unused period.

Art. 13. Intellectual property

13.1 Provider's content. The App, its design, texts, sounds, exercises, the Aku trademark, and all other content are the property of the Provider or its licensors and are protected by intellectual property legislation (Italian Law 633/1941 as amended). The user is granted a personal, non-exclusive, non-transferable, revocable licence, limited to using the App in accordance with these Terms. No intellectual property rights are transferred to the user.

13.2 User content. The content entered by the user in conversations (messages, diary notes, check-ins) remains the exclusive property of the user. The user grants the Provider the licence strictly necessary for the provision of the Service (including the processing of messages to generate AI responses), within the limits and for the purposes described in the Privacy Policy (v2.0). This licence is non-exclusive, revocable upon account deletion, and does not include the right of the Provider to use the user's content for its own commercial purposes, except for data rendered anonymous for the improvement of the Service subject to the user's separate optional consent.

13.3 Artificial intelligence output. The responses and other content generated by the AI system in response to the user's messages (the "Outputs") are provided for the user's personal use within the Service. The Provider claims no copyright over the Outputs. The user is responsible for their use of the Outputs and undertakes not to use them in breach of the law or of these Terms. The Provider does not warrant that the Outputs are original, exclusive, or protectable: similar content may be generated for other users.

Art. 14. Availability of the Service

The Provider undertakes to keep the Service available and functioning in accordance with reasonable standards for subscription digital services. However, temporary interruptions may occur due to planned maintenance (of which the Provider will give reasonable advance notice), updates, or unforeseen technical events, including those attributable to third-party providers.

The Provider informs the user of planned interruptions through an in-app notification or by email with reasonable notice, unless technical urgency does not allow it.

In the event of a significant and prolonged interruption (exceeding 72 consecutive hours) for reasons attributable to the Provider, the user is entitled to a proportionate reduction of the fee for the period of unavailability, pursuant to Art. 9.4.

The Provider may modify, add, or remove App features as part of the normal evolution of the Service. Changes that significantly reduce the essential features of the Service are communicated with at least 30 days' notice and give the user the right to withdraw from the contract without penalty, with a proportionate refund of the sums paid for the unused period.

Art. 15. Limitation of liability

15.1 Content and AI responses. The App's content, including sounds, exercises, information, and responses generated by artificial intelligence, is provided "as is", for wellbeing and support purposes. The Provider does not warrant that it is in all cases accurate, complete, up to date, or fit for a specific purpose.

To the maximum extent permitted by law, the Provider is not liable for damages arising from:

15.2 Mandatory consumer rights. Nothing in these Terms excludes or limits:

Art. 16. Privacy and personal data

The processing of the user's personal data, including health-related data, is governed by the Privacy Policy (Version 2.0), available in the App under the "Privacy and data" section and at www.aku-app.com/en/privacy.

The Privacy Policy forms an integral part of this contractual relationship as regards the processing of personal data. In particular:

Art. 17. Changes to the Terms

17.1 Non-substantial changes. The Provider may update these Terms for formal corrections, technical regulatory adjustments, or clarifications that do not significantly alter the economic conditions or the rights of the parties. Such changes are communicated through an in-app notification with a minimum of 15 days' notice before they take effect. Continued use of the App after the effective date constitutes acceptance of the non-substantial changes.

17.2 Substantial changes. Substantial changes are those that significantly affect the economic conditions (e.g. price changes not falling within Art. 7.5), the user's fundamental rights under the Italian Consumer Code, or the nature of the Service offered.

Substantial changes are communicated to the user with at least 30 days' notice before they take effect, through an in-app notification and by email to the registered address. The communication clearly indicates the nature of the changes, their effective date, and the user's right to withdraw.

A user who does not intend to accept substantial changes has the right to withdraw from the contract without any penalty within the notice period, with a proportionate refund of the sums paid for the unused subscription period. Withdrawal is exercised by writing to legal@aku-app.com before the effective date of the changes.

Art. 18. Governing law, jurisdiction, and alternative dispute resolution

18.1 Governing law. These Terms are governed by Italian law. For consumers residing in other European Union Member States, the consumer protection rules provided by the law of the user's country of residence remain applicable in any case, insofar as those rules guarantee a higher level of protection.

18.2 Jurisdiction. For disputes between the Provider and consumer users, territorial jurisdiction lies with the court of the consumer's place of residence or domicile, if located in Italy, pursuant to Art. 33(2)(u) of Legislative Decree 206/2005. For professional users, the Court of Milan has jurisdiction.

18.3 Alternative dispute resolution (ADR). The consumer has the right to have recourse to alternative dispute resolution (ADR) procedures pursuant to Italian Legislative Decree 130/2015 and Directive 2013/11/EU, before bringing the matter before the courts. The list of ADR bodies accredited for consumer disputes is published by the Italian Ministry of Enterprises and Made in Italy (www.mimit.gov.it). The consumer may also turn to the mediation and conciliation services of the Chambers of Commerce, including that of the Milan Monza Brianza Lodi Chamber of Commerce, which has territorial jurisdiction over the Provider's registered office.

The Provider undertakes to participate in good faith in ADR procedures initiated by the consumer user.

Art. 19. Final provisions

Severability. The invalidity or ineffectiveness of any individual clause of these Terms does not affect the validity of the remaining clauses, which remain fully effective.

No waiver. The Provider's failure to exercise a right, or delay in exercising it, does not constitute a waiver of that right nor preclude its future exercise.

Communications. All formal communications relating to these Terms must be sent to legal@aku-app.com. The Provider's communications to the user are made through in-app notifications or by email to the registered address.

Coordinated version. These Terms and Conditions (v2.0) are released together with the Privacy Policy (v2.0) and the DPIA (v2.0) and must be interpreted in coordination with those documents. In the event of a conflict between these Terms and the Privacy Policy on personal data matters, the Privacy Policy prevails.

This is a courtesy translation. In case of any discrepancy, the Italian version prevails.

Version 2.0 final · 10 July 2026 · Mattia Peirano (sole proprietorship)