Effective as of March 2026

Preamble

SMASH, SAS (limited liability company), registered with the Trade and Companies Register of Paris, under number 942968934, with its registered office located at 9 RUE DES COLONNES, 75002 PARIS (hereinafter "SMASH" or the "Company"), publishes the NOA FIT mobile application (hereinafter the "Application").

PLEASE READ THE FOLLOWING CAREFULLY:

Before subscribing to the NOA FIT Application, each Customer must carefully read these Membership Terms (hereinafter the "Terms"), as well as the General Terms of Use ("GTU") and the Privacy Policy, which together form an integral part of the Terms.

By subscribing to the NOA FIT Application, you are deemed to have irrevocably agreed to these Terms in their entirety. If you do not agree with any of these Terms, please do not subscribe.

THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT OUT OF THE MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

These Terms apply to Users in the United States and are governed by the laws of the State of New York.

These Terms are structured in two parts:

• Part I: Provisions applicable to individual consumers (B2C)
• Part II: Provisions applicable to professional clients (B2B)

These Terms are accessible at all times from the "Legal Documents" tab of the Application and supplement the GTU governing the conditions of access to and use of the Application.

Preliminary Article. Definitions

For the purposes of these Terms, the following definitions shall have the meanings set out below:

• "Account": the Customer's personal space on the Application, created in accordance with the GTU, enabling access to the Services;
• "Application" or "NOA FIT": the NOA FIT mobile application published by SMASH, available for download on the App Store (Apple) and the Google Play Store (Android);
• "Coach": a sports, fitness or wellness professional whose coaching programs and videos are made available on the Application through SMASH;
• "Customer" or "Consumer": any individual acting for purposes outside the scope of their trade, business or profession, who subscribes to a Subscription to the Application;
• "End Users": the employees, members or beneficiaries of the Professional Client authorized to access the Services under a Professional Subscription;
• "Professional Client": any legal entity or individual acting within the scope of their professional activity (company, association, organization, etc.) who subscribes to a Professional Subscription;