Effective Date: April 21, 2025

Last Update: June 26, 2025

1. Acceptance of Terms and Company Information

These Terms and Conditions (“Terms”) govern your use of the services provided by Livy Health GmbH (”Livy”, “Aniva,” “we,” “us,” or “our”), a company registered in Berlin, Germany, with its registered office at Retzbacher Weg 44, c/o Noah Petermann, 13189 Berlin, Germany (Handelsregister HRB 272567, Amtsgericht Berlin-Charlottenburg).  By creating an account or using Aniva’s website, mobile application, and related offerings (collectively, the “Services”), you agree to be legally bound by these Terms.  If you do not agree, you must not use the Services.

These Terms, together with our Privacy Policy and any Informed-Consent documents you sign for specific tests, form the entire agreement between you and Aniva and supersede all prior agreements, discussions, or representations.

2. Service Description and Scope

2.1 What We Do

Aniva operates a digital wellness platform that allows you to

• order biomarker tests (blood, saliva, or other);
• order DNA genotyping for lifestyle traits;
• receive personalised—but not medical—reports, educational insights, and supplement suggestions; and
• purchase supplements and digital content.

We provide these Services through accredited Partner Providers (laboratories, phlebotomy networks, logistics firms, tele-wellness coaches, and supplement formulators).

2.2 Not Medical Services

Aniva is not a medical facility or healthcare provider.  We neither diagnose nor treat disease.  All clinical procedures (e.g. blood draws) are performed by independent Partner Providers who are solely responsible for meeting healthcare-professional standards.

2.3 No Doctor-Patient Relationship

Using the Services does not create a doctor-patient relationship with Aniva.  Information provided is general wellness and educational content.  Always consult a licensed physician before acting on any information.

2.4 Service Limitations

• Tests cover selected wellness indicators only; they are not comprehensive diagnostics.
• DNA trait reports are validated for wellness insights, not diagnosis; results are probabilistic.
• The Services are not certified as medical devices or in-vitro diagnostics under EU MDR/IVDR.
• Outcomes depend on many factors; results and recommendations may not suit your specific circumstances.

2.5 Geographical Scope

We target residents of the European Union, currently focusing on Germany and Finland.  If you access the Services from elsewhere, you are responsible for local legal compliance.

3. User Eligibility and Account Registration

3.1 Eligibility

You must be 18 years or older (or the age of majority in your jurisdiction) and legally able to contract.  Minors may participate only through a parent/guardian account (see 3.5).

3.2 Account Creation

You agree to provide accurate, current, and complete registration data and to keep it updated.  Each person may hold one account.

3.3 Account Security

You are responsible for all activity under your credentials.  Notify hello@aniva.health immediately of any unauthorised use.  We may require multi-factor authentication.

3.4 Prohibited Conduct

You agree not to:

• use the Services unlawfully, discriminatorily, or fraudulently;
• submit another person’s sample without legal authority;
• reverse-engineer, scrape, or hack the platform;
• introduce malware;
• use the Services for paternity, forensic, insurance, employment, or law-enforcement screening.

3.5 Children and Parental Consent

Parents/guardians may create accounts for minors (< 18) by:

1. providing verifiable ID;
2. completing the Informed Consent; and
3. accepting full responsibility.

When the child turns 18, we request re-consent; failure to respond may lead to account suspension and sample destruction.

4. Informed Consent to Testing and Sample Collection

4.1 Separate Consent Form

Each test requires electronic signature of a Biospecimen Informed Consent that complies with the German Genetic Diagnostics Act (GenDG), GDPR Art. 9, and ISO 15189.

4.2 Your Representations

By submitting a sample, you warrant that it is yours (or that of your authorised dependent), you are not acting for an insurer/employer/law-enforcement entity, and you will not use results discriminatorily.

4.3 Sample Handling & Logistics

• Transport: UN 3373 / IATA PI 650.
• Residual samples destroyed after 90 days unless you opt-in to 5-year storage.
• Chain-of-custody records retained 10 years.

4.4 Predictive Genetic Tests

Current DNA panels exclude disease-risk markers.  Future predictive tests will require a physician order and genetic counselling per GenDG §§ 7–11.

4.5 Risks & Limitations

Risks include needle discomfort, lab errors, data breaches, psychological impact, and incidental findings.

4.6 Withdrawal of Consent

Email privacy@aniva.health to withdraw.  Processing already completed cannot be reversed; residual samples are destroyed within 30 days.

5. Data Protection (GDPR)

5.1 Controller & DPO

Controller: Livy Health GmbH  |  DPO: privacy@aniva.health

5.2 Legal Bases

Contract (Art 6 (1)(b)), explicit consent for health/genetic data (Art 9 (2)(a)), legitimate interest (Art 6 (1)(f)).

5.3 Processors

All Partner Providers sign GDPR-compliant DPAs covering purpose limitation, confidentiality, sub-processor controls, and deletion.

5.4 Security

AES-256 encryption at rest, TLS 1.3 in transit, strict RBAC, annual ISO 27001 audits, and regular penetration testing.

5.5 International Transfers

Safeguarded under EU Standard Contractual Clauses 2021/914 plus encryption and pseudonymisation.

5.6 Your Rights

Access, rectification, erasure, restriction, objection, portability, and DPA-level complaints.  Request via in-app portal or email.

5.7 Retention Schedule

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6. Wellness Content & Supplement Disclaimer

• Supplements comply with EU 2015/2283 (Novel Foods) and German food law.
• NRVs follow EFSA guidelines.
• Check allergies and drug interactions with your physician.
• Results outside reference ranges may prompt advice to seek medical review.

All information is educational and not medical advice.  Outcomes are not guaranteed and depend on individual factors.

7. Partner Provider Framework

7.1 Quality Standards

Laboratories: ISO 15189 or DIN EN ISO 17025.

Phlebotomy partners: ≥ € 5 million professional-liability cover.

7.2 Incident Reporting

Report sample loss, lab error, or injury to quality@aniva.health within 48 h.

7.3 Independent Status

Partner Providers are independent contractors; Aniva is not liable for their professional acts except for negligent selection (culpa in eligendo).

8. Fees, Payment, Taxes & Refunds

• Prices include VAT unless stated otherwise; subscription price increases require 30-day notice.
• Late interest: ECB base rate + 5 pp.
• Fraudulent chargebacks: € 15 admin fee.
• Quality-related cancellations (e.g. lab accreditation loss): full refund or alternative provider.