Terms

Version 1.2.0 · Effective October 6, 2026 This is a translation of the German original. The German version is the authoritative version. Translations may contain errors. In case of any discrepancy, the German version prevails, unless mandatory consumer protection law provides otherwise.

1.1 These Terms of Use ("Terms") apply to your use of the TWO EQUALS mobile application, the website twoequals.app and all related services (together, the "Service"). 1.2 The Service is provided by: Ecolution GmbH Bellevue 35, 22301 Hamburg, Germany Managing Director: David Kytzia Commercial register: Hamburg Local Court (Amtsgericht Hamburg), HRB 185598 VAT ID: DE367567411 Email: info@ecolution.gmbh · Phone: +49 40 – 28 00 25 55 ("we", "us", "our"). 1.3 By creating an account, joining an invitation or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service. 1.4 Our Privacy Policy describes how we process personal data. It is not part of these Terms; read it together with them.

2.1 TWO EQUALS helps two people record their wishes, boundaries and decisions for a specific shared moment independently of each other. In the match, both see where they agree ("matches") and which points are still open. For an open point, both see who said yes and who said no, or who has not decided yet. Both talk to each other about open points. The app does not suggest a compromise and never sets anything to yes or no automatically. No match, no consent: Only when all points match can both confirm. Only then does consent come into being, and the Service documents it (the "record of agreement"). Open points are not part of the record of agreement. 2.2 TWO EQUALS is a communication and documentation aid. The Service does not replace ongoing personal communication between the people involved. 2.3 The following principles apply to every use in particular: • (a) Consent given in the app applies only to the specific match in which it was given. • (b) Consent can be changed or withdrawn at any time, including during an encounter, through words or behavior and without the app. Withdrawal outside the app is equally effective. In the app, the current agreement is ended for this purpose. • (c) Earlier consent is not consent to later or different acts. • (d) Silence, a lack of objection or a saved preset is never consent. • (e) Only each person can give their own consent. Nobody may operate the app on behalf of another person. • (f) Anyone who cannot decide freely (for example because of alcohol, drugs, sleep, pressure or dependency) cannot give valid consent, regardless of what the app shows. • (g) Every agreement via TWO EQUALS requires that no payment and no other consideration for sexual acts is expected or promised. Both people confirm this before every agreement. 2.4 No legal guarantee. A record of agreement in the app is no legal guarantee that a court, an authority or anyone else will regard a situation as valid consent. The legal assessment always depends on the circumstances of the individual case and the applicable law. 2.5 No medical service. TWO EQUALS does not provide medical advice, examination or diagnosis. The app does not store test results, HIV status, or PrEP or hepatitis information. Protective and preventive measures can reduce risks but cannot rule them out completely. 2.6 Confirmed agreement. An agreement confirmed in the app cannot be changed afterwards. It can be ended at any time; for a changed agreement you start a new one. An extension is only possible if both of you agree.

3.1 You must be at least 18 years old to use the Service. By using it, you confirm that you are 18 or older. If you enter a date of birth that shows you are under 18, you cannot use the Service. 3.2 You may only use the Service if you can legally enter into a binding contract and the use is not prohibited to you under applicable law. 3.3 You may only use the Service with people who are also at least 18 years old. If you have reason to believe that the other person is under 18, you must not use the Service with them. 3.4 Use is permitted from the age of 18. The age limit is implemented through the store age rating and the date of birth you give at registration. No verification takes place. 3.5 Which age the other person sees is chosen by each person for each encounter. The displayed age is their own statement and is not checked. Your obligation under 3.3 remains unaffected.

4.1 Account. To start a match yourself, you need an account and TWO EQUALS Premium (see 7.2). You register with a mobile number, an email address and your actual date of birth. The date of birth is stored on the account and with every record of agreement (see the privacy policy); the other person does not see it. Sign-in and account security are provided by our processor Clerk, Inc. (see Privacy Policy). To join an invitation you also need an account; joining is free of charge. Your mobile number and email address must be confirmed by code. You cannot change your date of birth yourself in the app. If it is wrong, please contact support. 4.2 Joining. Anyone who is invited joins with their own account (see 4.1). Both people must have an account; there is no access without an account. 4.3 You must provide accurate information and keep your access (device, app lock, codes, recovery key) confidential. You are responsible for activities through your account unless you are not at fault for them. Your account is bound to one device. For a new device, you confirm the switch with a code sent to your mobile number or, if you no longer have access to it, to your email address. 4.4 Inform us without delay at support@ecolution.gmbh if you suspect misuse of your account. 4.5 Each account is personal and may not be transferred.

5.1 You may only use the Service for consensual and lawful purposes. 5.2 In particular, you must not: • (a) pressure, deceive, threaten or manipulate anyone into using the app or giving consent; • (b) operate the app for another person, use another person's device or consent on their behalf; • (c) use the Service with a person under 18 or with a person who cannot decide freely; • (d) present a record of agreement as proof of acts that were not agreed or that took place after consent was withdrawn; • (e) publish, share or use records of agreement or screenshots to expose, blackmail or harass anyone; • (f) disrupt the Service, circumvent security measures, reverse-engineer the app (unless permitted by law) or access it by automated means; • (g) use the Service for commercial sexual services, human trafficking or any other unlawful activity. 5.3 In the event of a breach, we may suspend your account temporarily or permanently. We take into account the severity of the breach, fault and your legitimate interests. Where required by law, we will inform you and give you the opportunity to respond. We may report serious breaches, in particular under 5.2 (a), (c) and (g), to the competent authorities. If we rightfully suspend your account permanently because you have seriously breached these Terms and are responsible for this, your use of TWO EQUALS Premium also ends. You then have no claim to further provision of the Service, and you may not create a new account. Your statutory consumer rights and your rights under the Privacy Policy, such as the right of access, remain unaffected. 5.4 Reports and contact. If you believe a display name or self-written boundaries are unlawful or breach these Terms, report this directly in the app, via the support form on twoequals.app or by email to support@ecolution.gmbh. This address is also our single point of contact for users and authorities under the Digital Services Act (Regulation (EU) 2022/2065), in German or English. Reports are reviewed by humans. If we take measures under 5.3, we will tell you the reasons and how you can challenge them.

6.1 When both people confirm a match, we store the record of agreement. It contains the yes/no matches, the chosen duration, both people's statements on whether alcohol or other intoxicating substances are involved, the confirmation that no consideration has been agreed, and an audit trail (timestamp, device model, operating system, IP address). It also contains information that allows the record to be attributed to a person and its authenticity to be verified (see Privacy Policy, “Linking records of agreement”). Details are set out in the Privacy Policy. 6.2 Records of agreement cannot be changed afterwards. If an agreement is ended or consent is withdrawn, this is documented as a new entry and does not overwrite the original record. A changed agreement is always a new agreement. 6.3 Records of agreement are visible to both people involved. They remain stored for the retention period stated in the Privacy Policy (as a rule ten years from the end of the agreement), even if a person deletes their account or withdraws their consent. If both people request deletion, we delete the record earlier. 6.4 You retain all rights to the information you enter. You grant us a simple, free-of-charge right to store, process and display this information to the extent necessary to provide the Service.

7.1 Free use. The app is free of charge. Without a purchase you can, in particular, manage your profile, your wishes and boundaries and your default settings, accept invitations, take full part in a match started by another person, see the result, view your history and existing records of agreement, and restore purchases. 7.2 TWO EQUALS Premium. Starting a new match yourself requires TWO EQUALS Premium. Premium unlocks only this function. There is no limit on the number of matches or on the number of people you start them with. People who are invited do not need Premium. 7.3 One-time purchase. Premium is a one-time in-app purchase and then remains permanently active. There is no subscription, no automatic renewal and no further cost. You will see the price in the respective store before purchase. “Permanently” means for as long as we operate the Service, not for the rest of your life. We will announce the discontinuation of the Service at least 12 months in advance. If this is not possible for reasons beyond our responsibility, for example an official or court prohibition, removal of the app from the store or insolvency, we will inform you as early as possible. 7.4 No influence on consent. Premium has no influence on what you or the other person select, which boundaries you set, how a match comes about, what is stored or shown to the other person, or whether consent can be withdrawn. Existing matches, taking part in invitations and your history remain accessible even if you do not have Premium or it temporarily cannot be verified. 7.5 Payment via the stores. Purchases are made exclusively via the Apple App Store or Google Play. Prices, payment processing, invoices and refunds are governed by Apple or Google under their terms. We do not receive your payment data. 7.6 Restoring purchases. Premium is linked to your App Store or Google Play account. We also assign the verified purchase to your TWO EQUALS account. You can restore a purchase via "Restore purchases" if you use the same store account, for example on a new device or after you have deleted your TWO EQUALS account and created a new one. A purchase made with Apple does not automatically apply to Google Play, and vice versa. 7.7 Free activation. In individual cases we may activate Premium free of charge, for example for testing or promotions. There is no entitlement to this.

8.1 If you are a consumer in the EU, you generally have a statutory right of withdrawal for purchases of digital content. 8.2 Because purchases are made via the Apple App Store or Google Play, Apple or Google handle withdrawal and refunds. Follow the procedure of the respective store; for Apple, via reportaproblem.apple.com. Your statutory rights against us remain unaffected. 8.3 Your right of withdrawal for digital content may expire early if you have expressly agreed that performance may begin before the end of the withdrawal period and have confirmed that you thereby lose your right of withdrawal.

9.1 We strive to keep the Service available at all times but cannot guarantee uninterrupted availability. Maintenance, security updates or circumstances beyond our control may cause interruptions. 9.2 We may change the Service if there is a valid reason, for example new technical standards, security requirements, changes in the law or new features. This will not result in any additional costs for you. We will inform you clearly and comprehensibly about the change. 9.3 If a change impairs your access or usability more than insignificantly, we will inform you in good time beforehand in the app and by email about the content and timing of the change and about your right to terminate the contract. You can then terminate the contract free of charge within 30 days of this information or of the change, if that occurs later. This does not apply if you can continue to use the Service unchanged at no additional cost.

10.1 The Service, including software, design, texts and the TWO EQUALS name and logo, is legally protected and belongs to us or our licensors. 10.2 We grant you a simple, non-transferable, revocable right to use the app for private purposes in accordance with these Terms. 10.3 The app contains open-source components. Their license terms are listed under "Open-source licenses" and take precedence for those components.

11.1 We are liable without limitation for damage caused by intent or gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent we have given a guarantee. 11.2 In cases of slight negligence, we are only liable for breach of essential contractual obligations (cardinal obligations), i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. In these cases, liability is limited to typical, foreseeable damage. 11.3 Otherwise, our liability is excluded. 11.4 The above limitations also apply to our employees, representatives and vicarious agents. 11.5 Your own responsibility. We are not responsible for the behavior of the people you meet or for what happens between you. Each person is responsible for respecting the other person's decisions, including the withdrawal of consent at any time.

12.1 The user contract runs for an indefinite period. 12.2 You can terminate at any time by deleting your account in the app under “Account”. Before deletion, you will see your account ID and a one-time recovery key. On request, we will send both to your verified email address. Keep both in a safe place. With them, you can still request access to your records of agreement after deletion, apply for their deletion, and prove yourself which records belonged to your former account. Independently of this, in the cases set out in the Privacy Policy, we can attribute a record of agreement to a person using the contact anchors described there, in particular at the request of an authority or a court. 12.3 After deletion, your sign-in data (phone number, email) is deleted at the sign-in service. As contact anchors, your mobile number and email address remain stored in encrypted form with your records of agreement (see Privacy Policy, “Linking records of agreement”). Records of agreement remain stored for the other person and for the retention period stated in the Privacy Policy. Your Premium purchase remains linked to your store account (see 7.6). 12.4 Each party's right to terminate for good cause remains unaffected, in particular in the event of serious breaches of section 5.

13.1 We may change these Terms if there is a valid reason, in particular due to changes in the law, court decisions or new features of the Service. 13.2 We provide changes to these Terms with an update of the app. When you first open the app after the update, we show you the changes and ask for your consent. With your consent, the new Terms apply. If you do not consent, the previous Terms continue to apply to you. You can delete your account at any time. 13.3 We may make changes that are exclusively to your advantage, purely editorial (for example correcting typos or new contact details), or that exclusively implement mandatory legal requirements, without your consent.

14.1 These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). 14.2 If you are a consumer, this choice of law does not deprive you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence. 14.3 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Hamburg, Germany. 14.4 Consumer dispute resolution: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

If you downloaded the app from the Apple App Store, the following also applies: • (a) These Terms are an agreement between you and Ecolution GmbH, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content. • (b) Your right of use is limited to Apple devices that you own or control, in accordance with the usage rules of the Apple Media Services Terms. • (c) Apple has no obligation to provide maintenance or support for the app. • (d) If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the extent permitted by law, Apple has no other warranty obligation with respect to the app. • (e) We, not Apple, are responsible for addressing any claims by you or third parties relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, and consumer protection or privacy claims. • (f) In the event of a third-party claim that the app infringes intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim. • (g) You confirm that you are not located in a country that is subject to a US Government embargo or that has been designated as "terrorist supporting", and that you are not listed on any US Government list of prohibited or restricted parties. • (h) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16.1 Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions. 16.2 These Terms were written in German. The German version is the original and authoritative version. The other language versions are translations, which may contain errors. In case of discrepancies, the German version prevails, unless mandatory consumer protection law provides otherwise. 16.3 Contact regarding these Terms: support@ecolution.gmbh