TERMS OF SERVICE

Last Updated: December 7, 2025

1. ACCEPTANCE OF TERMS

This Terms of Service ("Terms") describes the terms of service applicable for your access and/or use of our app "RepVox" and any services offered or provided by Carlin Labs, LLC ("Company", or "we", "our" or "us") through the app "RepVox" and website or otherwise provided by us, including but not limited to the app "RepVox" which helps users track strength-training workouts (sets, reps, weight, RPE, workout history, routines, etc.) and analyze their training, all other services that may be made available by us, and the content on the app which includes, but is not limited to the iOS app and watchOS app and our services including, but not limited to those services that use AI and/or AI Tools services (as defined below) (the "App"). We own and operate the App.

As part of the Services, we may use artificial intelligence ("AI") for content creation, pictures, marketing, generating materials and customer service (including, but not limited to chat-bot services and the AI assistant) and this AI may process your workout history, exercise data, and in-app queries to power the AI Assistant feature and improve App functionality (the "AI Tools"). Our AI Tools includes an "AI Assistant" interface where you can ask questions about your own workout data (e.g., "How has my bench press progressed this month?") among other features. This AI Assistant feature uses third-party AI providers (e.g., OpenAI and Anthropic) to process your queries.

Data sent to the third-party AI providers include, but are not limited to the text of your question, your aggregated statistics and your detailed workout history (e.g. last four weeks of volume) when needed. Short-term conversation context using the AI Tools are stored locally on your device to keep the AI Assistant coherent. We do not store a full conversation context using the AI Tools on our servers. Your conversations using the AI Tools are effectively ephemeral from our server/backend perspective. All outputs using the AI Tools are used only to respond to the question you made using the AI Tools. These Terms govern the presence and use of AI Tools in our App and in our services. The Privacy Policy also governs the presence and use of AI Tools and AI Assistant in our App and in our services.

If you are accessing and/or using our App and/or services for an entity, such as the company you work for, you represent that you have authority to bind that entity to these Terms, and you agree that "you," and "your," and "yourself" as used in these Terms includes both you personally and the entity you represent. If you are accessing our App and/or services on behalf of only yourself as an individual, then you agree that "you," and "your," and "yourself" as used in these Terms includes only you personally as an individual.

These Terms constitute a legally binding agreement made between you and us. By accessing and using the App (including, but not limited to the AI Tools), you represent and agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms, and (iii) you are bound by these Terms. If you do not accept and agree to all of these Terms, then you MUST NOT access and/or use this App and/or our services and/or the AI Tools.

2. NOT MEDICAL ADVICE

We provide information on our App to help you get the most out of our services, including, but not limited when you engage with, use and/or the use of our AI Tools and, in particular, the "AI Assistant" interface where you can ask questions about your own workout data (e.g., "How has my bench press progressed this month?") among other features. The information on our App and in the services we provide (including, but not limited to the AI Tools and AI Assistant) may be inaccurate and/or incomplete. As such, this information is not medical advice, diagnosis and/or treatment and it is not intended to replace medical advice, diagnosis and/or treatment. No doctor-patient or similar professional relationship will be created between you and us. A qualified medical professional will always be in the best position to assess your condition and make recommendations.

Any information submitted, posted, displayed, provided, or otherwise made available on the App and/or in the services we provide (including, but not limited to the AI Tools and AI Assistant) is for informational, research, and educational purposes only and it is not intended to be used to be as medical advice or to diagnose, cure, treat, or prevent any condition or disease. No action should be taken based upon any information contained in the App and/or in our services (including, but not limited to the AI Tools and AI Assistant). You should seek independent professional and medical advice from a person who is licensed and/or specialized and/or qualified in the applicable area before taking or refraining from any action based on any information contained on our App and/or in our services including, but not limited to before starting or changing any exercise program. You agree and acknowledge that you are using the App and/or in the services we provide (including, but not limited to the AI Tools and AI Assistant) at your own risk.

3. MINIMUM AGE

The App is rated 9+ and is intended for users who are at least nine (9) years of age. If you are under 9 years old, you must not use the App and/or any of the services offered by us.

If you are between 9 and 18 years old (or the age of majority in your jurisdiction, whichever is higher), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By allowing a minor to use the App, the parent or legal guardian agrees to supervise the minor's use of the App and accepts full responsibility for the minor's actions.

If you are using the App on behalf of a minor as their parent or legal guardian, you represent that you have the authority to bind yourself and the minor to these Terms, and you agree that "you," "your," and "yourself" as used in these Terms includes both you personally and the minor you represent.

4. OUR APP

The information provided when using our App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

If you access or download our App from: (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services and you agree that you are solely responsible for any such charges. We hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one user Account on one mobile device owned or leased solely by you, for only your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App or any of our services to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Services or any copy thereof, and we or our third-party partners or suppliers retain all rights, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms. If the App is being acquired on behalf of the United States Government, then the following provision applies: The App will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the App and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the App.

You may export your workout data (CSV/JSON) from within the App. Export availability is subject to your subscription tier: Free users may export data from the last 14 days, while Pro subscribers may export their complete workout history. If you have any questions about this process, please contact us directly at [email protected].

5. USER ACCOUNT

You may be able to create an account on our App and, if so, by creating an account you agree that:

If you no longer wish to have an account, you can delete it on the App.

6. APP TIERS/SUBSCRIPTIONS

The App may have a free tier. The App will have a Pro tier which will require a digital subscription as provided for in the App. The App will have in-App purchases and/or purchases for premium digital features which are handled via Apple's in-app payment systems if you downloaded the App for iOS, and via Google's in-app payment systems if you downloaded the Android version of the App. Purchases can be made for digital subscriptions, in-app purchases and/or access to premium digital features.

Subscriptions automatically renew until cancelled. To cancel, manage your subscription in your Apple ID settings (iOS) or Google Play Store settings (Android). Charges occur at confirmation of purchase, or after any free trial period ends. Deleting the App does not cancel your subscription.

7. REFUNDS

Any refunds to the digital subscription billing, any purchases made on the App or any purchases to access premium digital features will be subject to the Apple App Store policies and Google Play Store policies. We do not process any refunds of any amounts. All refunds must be made through the Apple App Store and Google Play Store.

8. YOUR CONDUCT

By using the App, you represent and warrant that: (i) all information you submit to us will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you have the legal capacity and you agree to comply with these Terms; (iv) you are at least 9 years of age, and if you are under 18 years of age (or the age of majority in your jurisdiction), you have obtained parental or legal guardian consent to use the App; (v) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (vi) you will not use the App for any illegal or unauthorized purpose; and (vii) your use of the App will not violate any applicable law or regulation.

The content and information on the App (collectively, the "Content Matter"), as well as the infrastructure used to provide such Content Matter, is proprietary to the Company. Without our prior written permission, you may not use, copy, reproduce, republish, recreate, upload, sublicense, resell, loan, post, transmit, distribute or modify our intellectual property, copyrights, trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the App.

You are responsible for violations of these Terms by anyone using our App and/or services with your permission or using your account on an unauthorized basis. Your use of the App and/or services to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms apply to anyone accessing or using the App and/or services; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the App and/or services, even if such person did not themselves violate the provision.

You acknowledge and agree that you will not use or rely on the AI Tools as the basis for a decision to purchase any service from us and the AI Tools do not constitute an offer to sell or solicitation to buy any service from us.

You are solely responsible for verifying and validating any output generated by the AI Tools, including but not limited to those in connection with any purchase decisions.

You acknowledge and agree that the AI Tools generate responses automatically which may not be subject to human review and may generate responses that are inaccurate and/or incomplete.

You acknowledge and agree that we are not responsible for any responses or content by the AI Tools since we do not control the AI Tools.

We make no guarantees regarding the accuracy, currency, suitability, quality or completeness of any responses or content by the AI Tools. You should independently verify any information provided.

You acknowledge and agree that we will not be responsible for any loss or damage incurred as the result of your use of, the responses of or any content by the AI Tools.

A breach or violation of any of what is said in these Terms will result in an immediate termination of the App including but not limited to the AI Tools.

9. YOUR CONTENT

By posting, displaying, publishing or making available for download or use any content by using our App (other than personal information that is subject to the Privacy Policy), you hereby grant us a perpetual, worldwide, nonexclusive, irrevocable, royalty-free license to perform, display, reproduce, prepare derivative works from, distribute, transfer and otherwise use all or any part of such content only for the storage and processing of your content to operate our App and/or our services and for us to display that content back to you across your device(s). Notwithstanding the foregoing, you will own your workout data and notes and we will not sell or sublicense your individual workout logs beyond what may be needed for subprocessors acting on our behalf.

10. REVIEWS, COMMENTS AND OTHER INTERACTIVE AREAS

By submitting any message, data, information, text, music, sound, photos, graphics, code or any other content to the App and/or concerning the App and/or services by electronic mail, postings on the App and/or concerning the App and/or services, or other social network platforms operated by us, including but not limited to any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), You are certifying that you are the rightful owner or licensee of the Submissions and you grant us with a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our sole discretion. You further grant we have the right to pursue at law or in equity any person or entity that violates your or our rights in the Submissions. You acknowledge and agree that all Submissions are non-confidential and non-proprietary.

The App, the services and our other social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post content, messages, materials or other items on the App and/or the services ("Interactive Areas"). If we provide such Interactive Areas, then you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the App and/or the services and/or our other social network platforms any of the following:

We take no responsibility and assume no liability for Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We are not liable for any statements, representations or Submissions provided by our users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the App and/or the services and/or our other social network platforms and/or the Interactive Area at any time and for any reason.

We enforce a zero-tolerance SPAM policy regarding information transmitted through our network. We may determine in our sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

You agree not to use the App and/or services for the purpose of recruiting including, but not limited to recruiting for another website and/or app and/or service that offers competing functionality to the App and/or services.

If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, then you hereby declare that: (i) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by us or our licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (iv) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. Any violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the App and/or the services and/or our other social network platforms. See also the section titled "Termination" below.

11. MOBILE APPLICATION LICENSE

11.1. Use License: If you access the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

11.2. Apple and Android Devices: The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the App: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that: (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country; and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

12. MOBILE APPLICATIONS FROM THE GOOGLE PLAY STORE

The following applies to any mobile applications, including but not limited to the Services that you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that these Terms are between you and us only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) We, and not Google, are solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to our Google-Sourced Software.

13. MOBILE APPLICATIONS FROM THE APPLE APP STORE

The following applies to any mobile applications, including but not limited to the App that you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that these Terms are solely between you and us, not Apple, Inc. ("Apple") and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as the provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party's intellectual property rights, us, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own all rights, title and interest in the App and the App is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and the Marks are provided on the App "AS IS" and "AS AVAILABLE" for your information and personal use only. No part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on our App or in our Content or in our Marks or any digital rights management mechanism, device, or other content protection or access control measure associated with our App or Content. Doing the above and/or use of the materials for any other purpose is a violation of U.S. copyright law and other proprietary rights and the use of any such material on any other website or app or networked computer environment is strictly prohibited.

15. PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which we make the App available. As a user of the App, you agree not to:

16. THIRD-PARTY SERVICES

The App may be integrated and/or have API reliance from third-parties. We do not guarantee any continued availability of the API reliance on third-parties including if those third-parties change or revoke access to the APIs. In addition, it is your sole responsibility for providing accurate API credentials. We are not responsible or liable for any incorrect API credentials or other things that cause issues with the API.

AI Tools may contain derivatives of, or incorporate or be integrated with, third-party tools including but not limited to AI models whose distribution is subject to restrictions. You agree to comply with any and all policies concerning third-party tools.

The key subprocessors for live data are as follows: (i) Supabase for the database, auth and storage; (ii) RevenueCat for subscription management; (iii) Postmark or an equivalent company for transactional and marketing email; (iv) OpenAI as an AI model provider; and (v) Anthropic as an AI model provider.

17. HIPAA AND PROTECTED HEALTH INFORMATION

"HIPAA" refers to the Health Insurance Portability and Accountability Act of 1996 and the rules and the regulations passed by the U.S. Congress designed to protect privacy and ensure the security of Personal Health Information ("PHI") and electronic Personal Health Information (ePHI).

We are not a HIPAA covered entity or a business associate of a HIPAA-covered entity. As such, you must not send any PHI or ePHI when you use our App and/or the services we provide (including, but not limited to the AI Tools and AI Assistant); for example: no full names, addresses, payment information, sensitive personal identifiers, detailed diagnoses, doctor names, hospital names, insurance numbers, or policy numbers.

Apple Health data is accessed and written only with your explicit permission. Apple Health data is only used for fitness-related features.

18. INTERRUPTIONS

We cannot guarantee the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

19. PRIVACY POLICY

Our Privacy Policy (currently published at /privacy-policy.html) (the "Privacy Policy") applies to your access and/or use of the App, and/or our services and its terms are made a part of and incorporated into these Terms by this reference. Additionally, by accessing and/or using the App and/or our Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand and agree that any message or information you send through the App and/or our services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, your personal, payment or credit card information) is encrypted.

The Privacy Policy may be changed from time to time and such changes are effective immediately upon their posting. By accessing and/or using the App and/or our services, you acknowledge that you have read our Privacy Policy and agree to our Privacy Policy.

20. COOKIES POLICY

We use cookies or similar technologies to optimize the functionality of the App to help us understand how the App are used and to improve our App and services. For more information about the cookies and similar technologies used on our App, please refer to our Cookie Policy located in our Privacy Policy (currently published at /privacy-policy.html).

21. ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases make using our App and/or services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

22. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the App and/or the services we provide including, but not limited to the AI Tools that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the App and/or in our services including, but not limited to the AI Tools or on any related app and/or website is inaccurate at any time without prior notice, including after you have made any purchase(s).

We undertake no obligation to update, amend or clarify information in the App and/or the services we provide including, but not limited to the AI Tools or on any related app and/or website, except as required by law. No specified update or refresh date applied in the App and/or the services we provide including, but not limited to the AI Tools or on any related website, should be taken to indicate that all information in the App and/or the services we provide including, but not limited to the AI Tools or on any related app and/or website has been modified or updated.

23. PERMISSIONS

The App may include certain functions that are accessed or modified through the App, which may require explicit user permission to access such functions. You acknowledge and agree that denying explicit user permission to those functions may affect or reduce your user experience, or prevent the App from working altogether. Those functions may include, but not limited to, access to contacts, microphone, or camera functions.

24. DISCLAIMER OF WARRANTIES

The App and/or the services is provided on an "AS IS" and "AS AVAILABLE" basis. You agree that your use of the App and the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility for any: (i) errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use pertaining to the App (including, but not limited to the AI Tools and AI Assistant); (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the App (including, but not limited to the AI Tools and AI Assistant); (iii) any interruption or cessation of transmission to or from the App; including but not limited to those occurring because of maintenance or during maintenance windows; (iv) lack of revenue impact; or (v) the defamatory, offensive or illegal conduct of any third party not under our control. The information provided on the App is made available solely for general information purposes and is neither designed nor intended to provide legal or other professional advice. Any reliance you place on such information is strictly at your own risk. You agree and acknowledge that you are using the App and/or in the services we provide (including, but not limited to the AI Tools and AI Assistant) at your own risk.

You acknowledge and agree that the AI Tools have not been fully tested and may use experimental technology. As such, any content provided by the AI Tools may not meet your desired use, including, without limitation, that it may be inaccurate, offensive, or duplicative content, and in each case, may provide content that does not represent our views. It is your responsibility to use discretion before relying on, publishing or otherwise using the AI Tools or the content produced by the AI Tools.

You understand and agree that any material and/or data obtained through the use of the App, including but not limited to the AI Tools is done at your sole risk. You should not rely on factual assertions in output from the AI Tools without independently fact checking their accuracy. Output from the AI Tools that appears accurate because of their detail or specificity may still contain material inaccuracies. Output from the AI Tools may not account for events or changes to underlying facts occurring after the development of the AI Tools. No information or advice, whether oral or written, obtained by you from us, our App or through our AI Tools shall create any guarantee or warranty of any kind.

25. LIMITATION OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the App (including, but not limited to the AI Tools and AI Assistant).

26. COMPLIANCE WITH LAWS

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the App ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (i) comply with Applicable Laws relating to anti-bribery and anti-corruption, including, but not limited to the US Foreign Corrupt Practices Act of 1977; (ii) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (collectively, "Export Laws"); and (iii) not directly or indirectly export, re-export or otherwise deliver any of our software, content or services in violation of any Export Laws, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not prohibited from receiving software, Content, or other services pursuant to these Terms under Applicable Laws, including, but not limited to the Export Laws.

27. VOID WHERE PROHIBITED

Although our App is accessible worldwide, not all features or services discussed, referenced, provided or offered through our App and/or in our services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made in our App and/or in our service is void where prohibited. If you choose to access our App and/or service from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Please note that our App and/or service may change over time without notice.

28. USER RESPONSIBILITY

You are responsible for violations of these Terms by anyone using our App with your permission or using your account on an unauthorized basis. Your use of the App to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms apply to anyone accessing or using the App; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the App, even if such person did not themselves violate the provision.

29. GOVERNING LAW

These Terms and your use of the App are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

30. DISPUTE RESOLUTION

If you and us have any dispute, controversy and/or claim related to these Terms ("Dispute"), then you and us both agree that such Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by final and binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. The arbitration fees and each party's share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested in writing by either you or us. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Jose, California or the closest location in distance thereto. Except as otherwise provided herein, you or us may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the final and binding award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in Santa Clara County, California, and both you and us hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either you or us that is related in any way to the App and/or the services to be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you or us will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the state and federal courts located in Santa Clara County, California, and both you and us hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

You and us both agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and us both agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of you or us; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither you nor us will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the state and federal courts located in Santa Clara County, California, and both you and us agree to submit to the personal jurisdiction of that court.

31. TERMINATION

You agree that we, in our sole discretion, may terminate or suspend your use or access to the App, Content, Content Materials, information, and services at any time and for any or no reason, in our sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the App and the services. Accessing the App, Content, Content Materials, information, and services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the App, Content, Content Materials, information, and services.

32. ELECTRONIC COMMUNICATIONS

When you visit the App and/or use our services and/or send emails to us, you are communicating with us electronically; and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the App or by other authorized form of electronic message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. You have a right to withdraw your consent to receive electronic communications at any time, and you acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the App and/or the services. If you want to withdraw your consent to receive electronic communications, please contact us at [email protected].

33. EMPLOYMENT OPPORTUNITIES

We may, from time to time, post employment opportunities on the App and/or invite users to submit applications for employment to us. If you choose to submit your name, contact information, resume and/or other personal information to us in response to such employment listings, you are authorizing us to use this information for all lawful and legitimate hiring, employment and other business purposes. We also reserve the right, at its discretion, to forward such information to our subsidiaries and affiliates for their legitimate business purposes. Nothing in these Terms or contained in our services or on the App will constitute a promise by us to review any such information, or to contact, interview or employ any individual who submits such information.

34. COPYRIGHT INFRINGEMENT NOTICE AND TAKEDOWN POLICY

We respect the rights of copyright holders and abides by the federal Digital Millennium Copyright Act and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders.

As part of our response, we may remove or disable access to allegedly infringing material residing within our App and our services (collectively, the "Materials"). This Copyright Infringement Notice and Takedown Policy ("DMCA Policy") supplements, and is incorporated into our Privacy Policy and all other contracts between you and us.

34.1 Reporting Instances of Copyright Infringement: If you believe that any content residing or accessible on or through the Materials infringes your copyright, please send a notice of copyright infringement to us at [email protected], and make sure the notice of copyright infringement contains the following information:

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. Additionally, under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys' fees incurred by the alleged infringer or by us.

34.2 Our Response To A Copyright Infringement Notification: Following receipt of a proper written notification, we will promptly remove or disable access to the allegedly infringing content. We will also: (i) notify the user who posted the allegedly infringing material that we have removed the material or disabled access to it; and (ii) provide the user with a copy of the copyright infringement notification. We may suspend or terminate access to the Materials of users that repeatedly or egregiously infringe the copyrights of others.

34.3 Submitting A DMCA Counter-Notification: If you believe your content was removed or disabled by mistake or misidentification, you may send us a counter-notification that includes the following information:

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Upon receipt of a valid counter-notification, we shall forward it to the person who submitted the infringement notification. The person who submitted the infringement notification or the copyright holder they represent shall then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Materials.

34.4 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating access to the Materials for any users who, in our sole discretion, are deemed to be repeat infringers. We may also and at our sole discretion limit and/or terminate access to the Materials of any users who infringe any intellectual property rights of others, whether or not they are repeat infringers.

34.5 Copyright Agent Contact Information: Both infringement notifications and counter notifications should be submitted to our Copyright Agent at [email protected].

35. VIOLATION OF TERMS

We may disclose any information we have about you including, but not limited to your identity if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App and/or services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with either intentionally or unintentionally our rights or property, or the rights or property of visitors to or users of the App and/or services, including but not limited to our customers. We reserve the right at all times to disclose any information that we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determines that applicable law requires or permits such disclosure, including but not limited to exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve any transmittal or communication by you with us, and may also disclose such data if required to do so by law or if we determine that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any such data violates the rights of others; or (iv) protect the rights, property or personal safety of us, our employees, users of our App and/or services or visitors to the App and the public.

You agree that we may, in our sole discretion and without prior notice, suspend or terminate your access to the App and/or the services and/or block your future access to the App and/or the services, in our sole discretion, for reasons including but is not limited to: (i) requests by law enforcement or other government agencies; (ii) a request by you; (iii) discontinuance or material modification of the App and/or the services and/or any service offered on or through the App; (iv) unexpected technical issues or problems; (v) non-payment of services when owed; (vi) any abuse, as decided in our sole discretion; (vii) our determination that you have violated any law; or (viii) our determination that you have violated these Terms or other agreements or guidelines which may be associated with your use of the App and/or services.

If your access to the App and/or services and/or your future access to the App and/or the services are terminated, you must immediately pay all outstanding amounts to us and immediately stop using our App and services.

If we take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, any and all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the App and/or services as a result of any violation of these Terms. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us seeking any injunctive or equitable relief that we deem necessary or appropriate, at our sole discretion, in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

36. INDEMNITY

You agree to defend, indemnify and hold harmless us, our affiliates, subsidiaries, employees, contractors, partners, investors, agents, officers, directors, successors and assigns from and against any and all complaints, claims, charges, causes of action, suits, actions, demands, recoveries, damages, obligations, losses, liabilities, costs, fines, penalties, debt, expenses or other costs or expenses of any kind or nature, including without limitation attorneys' fees and accounting fees, whether known or unknown, whether at law or in equity, whether suspected or unsuspected, whether disclosed and undisclosed, arising out of, in connection with or related to any claim, suit, action or proceeding by a third party arising out of or relating to: (i) your use, misuse and/or unlawful use of the App and/or services; (ii) your breach of these Terms and/or our Privacy Policy; (iii) your violation of any law or the rights of a third party; (iv) any AI responses; or (v) any content that you post, upload or cause to interface with the App and/or services, or otherwise transfer, process, use or store in connection with the App and/or services. You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge us and each of our affiliates, subsidiaries, employees, contractors, partners, investors, agents, officers, directors, successors and assigns harmless from any and all complaints, claims, charges, causes of action, suits, actions, demands, recoveries, damages, obligations, losses, liabilities, costs, fines, penalties, debt, expenses or other costs or expenses of any kind or nature, including without limitation attorneys' fees and accounting fees, whether known or unknown, whether at law or in equity, whether suspected or unsuspected, whether disclosed and undisclosed, arising out of, in connection with or related to your use of the App and/or the services.

If you are using our App and/or services on behalf of a business, that business accepts these Terms and that business will hold harmless and indemnify us, our affiliates, subsidiaries, employees, contractors, partners, investors, agents, officers, directors, successors and assigns from and against any and all complaints, claims, charges, causes of action, suits, actions, demands, recoveries, damages, obligations, losses, liabilities, costs, fines, penalties, debt, expenses or other costs or expenses of any kind or nature, including without limitation attorneys' fees and accounting fees, whether known or unknown, whether at law or in equity, whether suspected or unsuspected, whether disclosed and undisclosed, arising out of, in connection with or related to any claim, suit, action or proceeding by a third party arising out of or relating to the use of the App and/or our services or violation of these terms, including but not limited to any liability or expense arising from such complaints, claims, charges, causes of action, suits, actions, demands, recoveries, damages, obligations, losses, liabilities, costs, fines, penalties, debt, expenses or other costs or expenses of any kind or nature.

37. THIRD-PARTY ADVERTISING

We do not have third-party ads on the App.

38. LINK USAGE AND REQUESTS

We may consider and approve link requests including, but not limited to those from the following types of organizations:

If you are interested in linking to our App, you must inform us by contacting us at [email protected]. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our App, and a list of the information on our App to which you would like to link. It may take us 2-3 weeks for us to respond.

We will approve link requests at our own discretion, which may include if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us or the public; (c) we benefit from the visibility of the hyperlink; and (d) the link is in the context of general resource information.

Approved organizations may link to our App so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

Approved organizations may hyperlink to our App as follows:

No use of the Company's logo or other artwork will be allowed for linking absent a written trademark license agreement that is signed by the parties.

39. DATA PROCESSED IN THE UNITED STATES

The primary backend database/auth/storage is via Supabase/Postgres hosted in the United States. We process data in the United States, and we make no representation that our App including, but not limited to the AI Tools are appropriate or available for use beyond the United States. If you use our App from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our App including, but not limited to the AI Tools may describe programs and services that are available only in the United States (or only parts of it).

We reserve the right to limit the availability of our App, our AI Tools and/or the provision of any content, programs, service, or other feature described or available on our App to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion.

If you are in a jurisdiction outside the United States and nevertheless continue to use our App, your personal information may be transferred into and processed within the United States, and your continued use of our App constitutes your consent to such transfer and processing. Please review our Privacy Policy for additional information on how we process and protect your data.

40. CHANGES TO TERMS

We reserve the right, at our sole discretion, to change, modify, add or remove all or portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will update these Terms and change the "Last Updated" date at the top of these Terms. Unless otherwise indicated, any new material added to the App and/or services will also be subject to these Terms. You must periodically review the App and/or services for the latest information about our Terms. Please see the "Last Updated" date at the top of these Terms which shows the date these Terms were last updated. Your continued use of our App and/or our services following the posting of any changes will mean that you accept and agree to the changes.

41. SURVIVAL

The terms and conditions providing for any activity following the termination or expiration of this Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of this Terms, shall survive the termination or expiration of this Terms.

42. MISCELLANEOUS

These Terms, the Privacy Policy, and any policies and/or operating rules posted by us on our App and/or the services or in respect to our App and/or the services or otherwise, and/or any contracts we enter into with you constitutes the complete and exclusive statement of the agreement between you and us concerning this subject matter of these Terms and supersede all proposals, oral or written, and all other communications between you and us relating to the subject matter of these Terms. Unless otherwise stated in these Terms, in the event any information posted in our services and/or on the App from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense all or any of our rights or obligations under these Terms without restriction. Our failure to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by us of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond its control. If any non-English translations of these Terms are provided, it is for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

43. CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App or if you have a question about these Terms, please contact us at [email protected]. You may attach logs if you are reporting a bug or have feedback.

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