Terms of Service & End User License Agreement

Last updated: August 23, 2026

1. ACCEPTANCE OF TERMS & BINDING AGREEMENT

This Terms of Service & End User License Agreement (the "Agreement") constitutes a legally binding contract between you (whether individually or on behalf of an entity) (" User," " you,"or" your ") and Somatics, Incorporated (" Company," " we," " us,"or" our "). This Agreement governs your access to and use of the mobile application titled Somatics Fitness & Nutrition, as well as all proprietary algorithms, predictive progression tools, exercise libraries, AI chatbots, and associated services, features, and content (collectively, the "App"). By creating an account, downloading, accessing, or using the App in any manner, you expressly acknowledge, warrant, and represent that you have read, understood, and agreed to be bound by every provision of this Agreement. If you do not unconditionally agree to all terms of this Agreement, you are strictly prohibited from downloading, accessing, or using the App and must delete it immediately.

2. MODIFICATIONS TO AGREEMENT & NOTIFICATION OF CHANGES

Somatics, Incorporated reserves the right, in its sole and absolute discretion, to revise, update, modify, or replace any portion of this Agreement at any time. When we make material changes to this Agreement, we will notify you by updating the "LAST UPDATED" date at the top of these Terms, displaying a prominent notice within the App, or sending an electronic notification to the email address associated with your account. Your continued use of Somatics Fitness & Nutrition following the posting or notification of any changes constitutes your binding acceptance of the updated Agreement. If you do not agree to the revised terms, your sole remedy is to cease using the App and delete it from your device.

3. STRICT AGE LIMITATION (18+ ONLY)

The App is strictly intended and restricted for use by individuals who are at least eighteen (18) years of age or the age of legal majority in their jurisdiction, whichever is greater. Minors under the age of 18 are strictly prohibited from creating an account, accessing, or using the App under any circumstances. By using the App, you warrant and represent that you are at least 18 years of age and possess the legal capacity to enter into a binding contract. Somatics, Incorporated disclaims all liability for unauthorized use by minors and actively purges accounts determined to belong to individuals under the age of 18.

4. MEDICAL & HEALTH DISCLAIMERS (NO MEDICAL ADVICE)

4.1. General Wellness Only

SOMATICS FITNESS & NUTRITION, INCLUDING ALL WORKOUT ROUTINES, EXERCISE INSTRUCTIONS, PROPRIETARY ROUTINE BUILDERS, PREDICTIVE PROGRESSIONS, NUTRITION TRACKING DATA, RECIPES, AND ARTIFICIAL INTELLIGENCE CHATBOT RESPONSES, IS PROVIDED STRICTLY FOR INFORMATIONAL, EDUCATIONAL, AND GENERAL WELLNESS PURPOSES ONLY. THE APP DOES NOT PROVIDE MEDICAL, NURSING, DIETETIC, PHYSICAL THERAPY, OR PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT.

4.2. No Professional-Client Relationship

No doctor-patient, therapist-patient, trainer-client, or professional healthcare relationship is created by or through your use of the App. The content and features provided by Somatics Fitness & Nutrition are not a substitute for the direct advice, evaluation, or treatment of a licensed physician, registered dietitian, or certified personal trainer.

4.3. Emergency Situations

THE APP MUST NEVER BE USED DURING OR FOR A MEDICAL EMERGENCY. IF YOU EXPERIENCE CHEST PAIN, SHORTNESS OF BREATH, DIZZINESS, SEVERE MUSCLE PAIN, ALLERGIC REACTIONS, OR ANY OTHER ACUTE HEALTH SYMPTOM, YOU MUST IMMEDIATELY STOP EXERCISING, CEASE USING THE APP, AND CALL EMERGENCY SERVICES (911 OR YOUR LOCAL EMERGENCY NUMBER) OR SEEK IMMEDIATE MEDICAL ATTENTION.

5. USER FITNESS WARRANTY & ABSOLUTE SELF-SCREENING BURDEN

5.1. Representations & Warranties of Physical Capability

You expressly represent, warrant, and covenant that you are in good physical condition, have no medical reason or impairment that would prevent your safe participation in physical exercise, and have either received express medical clearance from a licensed physician prior to using Somatics Fitness & Nutrition or have intentionally, knowingly, and voluntarily chosen to forego such clearance at your own sole risk.

5.2. Absence of Duty to Screen

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOMATICS, INCORPORATED DOES NOT PERFORM PHYSICAL READINESS SCREENINGS, HEALTH ASSESSMENTS, MEDICAL EVALUATIONS, OR FITNESS ABILITY TESTS. THE COMPANY HAS NO DUTY, OBLIGATION, OR LIABILITY REGARDING THE EVALUATION OF YOUR PHYSICAL READINESS. It is exclusively your personal, non-delegable responsibility to evaluate your health, assess your physical capabilities, consult with medical professionals, and determine whether any exercise, movement, weight load, set, rep, or predictive progression generated by the App is safe, appropriate, or advisable for you to perform.

6. EXPRESS ASSUMPTION OF RISK & EXERCISING ENVIRONMENT WAIVER

6.1. Voluntarily Assumed Risks

You recognize, understand, and fully appreciate that physical exercise, strength training, weightlifting, high-intensity workouts, and cardiovascular conditioning carry inherent, known, and unknown risks of severe physical injury, permanent disability, paralysis, heart attack, stroke, and death, as well as property damage. YOU VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUME ONE HUNDRED PERCENT (100%) OF ALL RISKS ASSOCIATED WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE RISKS OF INJURY RESULTING FROM FOLLOWING ANY WORKOUT ROUTINE, EXERCISE TECHNIQUE, OR ALGORITHMICALLY PREDICTED PROGRESSION.

6.2. Equipment and Environment Disclaimer

Somatics, Incorporated exercises no control over, and assumes zero liability for, your physical environment, home gym setup, exercise equipment, floor conditions, spotter availability, or third-party facilities. You acknowledge that equipment failure (including but not limited to snapped resistance bands, failing barbells, or broken machinery), slip-and-fall hazards, and inadequate supervision are risks assumed entirely by you.

7. PROPRIETARY ALGORITHMS & "PREDICTIVE PROGRESSIONS" RELEASE

7.1. Algorithmic Recommendations as Raw Estimates

Somatics Fitness & Nutrition utilizes proprietary software formulas, routine building logic, and predictive progression algorithms designed to generate automated exercise selections, rep schemes, set structures, and weight load progressions. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL PREDICTIVE PROGRESSIONS, SUGGESTED WEIGHT INCREMENTS, AND WORKOUT SCHEMES ARE AUTOMATED COMPUTATIONAL ESTIMATES ONLY. THEY DO NOT TAKE INTO ACCOUNT YOUR REAL-TIME FATIGUE, BIOMECHANICAL FORM, ACUTE INJURIES, OR ACTUAL PHYSICAL LIMITATIONS.

7.2. Absolute Release for Algorithmic Suggestions

You agree that you will independently evaluate every single weight load, exercise, rep target, and routine generated by the App before attempting the movement. UNDER NO CIRCUMSTANCES SHALL SOMATICS, INCORPORATED BE LIABLE FOR ANY INJURY, MUSCLE TEAR, JOINT STRAIN, OVERUSE SYNDROME, OR PROPERTY DAMAGE RESULTING FROM YOUR RELIANCE ON, OR EXECUTION OF, ANY ALGORITHMICALLY PREDICTED PROGRESSION OR ROUTINE BUILDER RECOMMENDATION, EVEN IF CAUSED BY A PROGRAMMING BUG, ALGORITHMIC ERROR, OR SOFTWARE FAILURE.

8. THIRD-PARTY DATA WAIVER & ALLERGEN RELEASE (FATSECRET API)

8.1. Third-Party "AS-IS" Sourcing

The App retrieves nutrition tracking metrics, caloric data, macronutrient breakdowns, micro-nutrient data, ingredient lists, and recipes via third-party Application Programming Interfaces (APIs), including but not limited to the FatSecret API. SOMATICS, INCORPORATED DOES NOT INDEPENDENTLY VERIFY, TEST, SANITIZE, GUARANTEE, OR AUDIT ANY THIRD-PARTY NUTRITIONAL OR RECIPE DATA. ALL NUTRITION DATA IS PRESENTED STRICTLY "AS-IS"AND"AS-AVAILABLE."

8.2. Complete Anaphylaxis, Allergen, and Metabolic Release

The App is not intended for use by individuals managing severe metabolic diseases (such as Type 1 Diabetes) or individuals with life-threatening food allergies. YOU BEAR ONE HUNDRED PERCENT (100%) OF THE RESPONSIBILITY FOR VERIFYING INGREDIENTS, PACKAGING, ALLERGEN WARNINGS, CROSS-CONTAMINATION RISKS, AND PORTION SIZES INDEPENDENTLY PRIOR TO CONSUMING ANY FOOD OR FOLLOWING ANY RECIPE. SOMATICS, INCORPORATED DISCLAIMS ALL LIABILITY FOR ANY ADVERSE HEALTH EFFECTS, ALLERGIC REACTIONS, ANAPHYLAXIS, METABOLIC COMPLICATIONS, OR INACCURATE NUTRITIONAL LOGGING ARISING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN THIRD-PARTY API DATA.

9. ARTIFICIAL INTELLIGENCE CHATBOT TERMS (GOOGLE GEMINI INTEGRATION)

9.1. AI Output Characterization & Hallucinations

Somatics Fitness & Nutrition incorporates artificial intelligence technology powered by third-party large language models, including Google Gemini. You expressly acknowledge that AI-generated responses are automated, non-human outputs produced by machine learning models. AI OUTPUTS MAY BE INACCURATE, OUTDATED, MISLEADING, INCOMPLETE, OR FABRICATED ("HALLUCINATIONS"). SOMATICS, INCORPORATED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY, RELIABILITY, OR SAFETY OF AI CHATBOT RESPONSES.

9.2. Prohibited Uses & Prompt Injection

You are strictly prohibited from utilizing the AI chatbot to:

• Seek medical diagnosis, symptom evaluations, or emergency advice
• Type, inject, or upload malicious code, "jailbreak" prompts, prompt-injection exploits, or system bypass instructions
• Harvest, scrape, or extract underlying model prompts, rules, or system architectures
• Generate illegal, defamatory, abusive, harassing, or sexually explicit content.

9.3. Absolute Right of Immediate Termination

Somatics, Incorporated reserves the right, in its sole and absolute discretion, to monitor AI chat logs for safety compliance and to instantly terminate or suspend your account, without prior notice or refund, if you violate AI usage boundaries or attempt prompt-injection attacks.

9.4. Third-Party IP in AI Outputs

You acknowledge that generative AI models may occasionally synthesize text or ideas that resemble third-party copyrighted or trademarked material. You agree that if you export, publish, or use AI outputs outside the App, you do so at your own risk and hold Somatics, Incorporated harmless from any intellectual property claims resulting from your publication of AI outputs.

10. INTELLECTUAL PROPERTY RIGHTS & USER LICENSE

10.1. Limited, Revocable License

Subject to your strict compliance with this Agreement, Somatics, Incorporated grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and run one copy of Somatics Fitness & Nutrition on an authorized mobile device solely for your personal, non-commercial use.

10.2. Reservation of Ownership

Somatics, Incorporated retains all right, title, and interest in and to the App, including all custom source code, exercise libraries, exercise animations, databases, software architectures, UI/UX designs, trademarks, logos, routine builder formulas, predictive progression logic, and algorithms. You acquire zero ownership rights under this Agreement.

10.3. License to User Data and Inputs

By submitting data, custom exercise inputs, chat prompts, logging metrics, or feedback into the App, you grant Somatics, Incorporated a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, adapt, aggregate, and anonymize such data for algorithm training, software development, debugging, and business analytics.

11. SUBSCRIPTIONS, BILLING & REFUND POLICY

11.1. In-App Purchases and Auto-Renewal

Access to certain premium features, routines, or predictive tools in Somatics Fitness & Nutrition may require a recurring subscription fee ("Subscription"). Subscriptions are billed on a recurring periodic basis (e.g., monthly or annually) through your Apple App Store or Google Play Store account ("App Store Account"). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL IT AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE CURRENT PERIOD VIA YOUR APP STORE ACCOUNT SETTINGS.

11.2. Strict No-Refund Policy

ALL FEES AND CHARGES ARE ONE HUNDRED PERCENT (100%) NON-REFUNDABLE. SOMATICS, INCORPORATED DOES NOT PROVIDE REFUNDS, CREDITS, OR PRORATED BILLING FOR UNUSED SUBSCRIPTION PERIODS, ACCIDENTAL PURCHASES, OR DISSATISFACTION WITH APP FEATURES. Because billing is processed directly through Apple Inc. or Google LLC, all refund requests are subject strictly to the governing policies of the applicable app store platform.

12. COMPLETE DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMATICS FITNESS & NUTRITION, ITS ENTIRE CONTENT, PROPRIETARY ALGORITHMS, EXERCISE LIBRARIES, PREDICTIVE PROGRESSIONS, NUTRITION DATA, AND AI CHATBOT FEATURES ARE PROVIDED ENTIRELY ON AN "AS-IS"AND"AS-AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SOMATICS, INCORPORATED EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, SYSTEM INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR MALWARE.

13. HARD LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOMATICS, INCORPORATED, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR THIRD-PARTY API PROVIDERS (INCLUDING GOOGLE AND FATSECRET) BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES WHATSOEVER. THIS LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, EQUIPMENT DAMAGE, OR NUTRITIONAL ERRORS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF SOMATICS, INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SOMATICS, INCORPORATED ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.

14. INDEMNIFICATION BY USER

You agree to defend, indemnify, and hold harmless Somatics, Incorporated, its parent entities, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and API partners from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees and court costs) arising out of or relating to:

• Your access to, use of, or misuse of the App
• Your violation of any provision of this Agreement
• Your reliance on any workout, routine, predictive progression, AI output, or nutrition metric
• Any physical injury, disability, death, or property damage caused by your workout execution or equipment choices
• Your violation of any third-party right, including intellectual property, privacy, or statutory rights
• Any improper, abusive, or prompt-injection inputs submitted into the Gemini chatbot.

15. DISPUTE RESOLUTION, MANDATORY BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1. Mandatory 30-Day Informal Dispute Resolution

Prior to initiating any formal legal proceeding or arbitration, you agree to first send a written "Notice of Dispute" to Somatics, Incorporated at our designated legal contact email. The Notice of Dispute must contain your full name, account details, a clear explanation of the dispute, and the specific monetary or injunctive relief sought. You and Somatics, Incorporated agree to engage in good-faith informal negotiations for a period of at least thirty (30) calendar days from the date of receipt. No formal arbitration demand may be submitted until this 30-day period expires.

15.2. Mandatory Binding Arbitration

If a dispute is not resolved within the 30-day informal negotiation period, all claims, controversies, or disputes arising out of or relating to this Agreement, the App, or your relationship with Somatics, Incorporated shall be settled exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified herein. The arbitration shall take place in the home jurisdiction of Somatics, Incorporated, and the language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.3. CLASS ACTION AND JURY TRIAL WAIVER

YOU AND SOMATICS, INCORPORATED EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING.

15.4. Mass Arbitration Batching Defense

To ensure administrative efficiency and neutralize bad-faith mass arbitration filings, if twenty-five (25) or more similar arbitration demands are filed against Somatics, Incorporated by or with the assistance of the same law firm or coordinated legal network within a 90-day period, the AAA shall administer the arbitration demands in sequential batches of no more than fifty (50) demands per batch. Only one batch shall be arbitrated at a time, and arbitrator fees for subsequent batches shall not be assessed until the preceding batch is fully resolved. You agree that this batching protocol is essential to preserving access to affordable dispute resolution.

16. APPLE APP STORE SURVIVAL & EULA PRIMACY

16.1. Apple as Third-Party Beneficiary

If you download Somatics Fitness & Nutrition from the Apple App Store, you acknowledge and agree that this Agreement is concluded between you and Somatics, Incorporated only, and not with Apple Inc. ("Apple"). However, Apple and Apple's subsidiaries are express third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

16.2. Custom Terms Precedence

In the event of any conflict between the terms of this Agreement and the default Apple Licensed Application End User License Agreement (EULA), the terms of this custom Agreement shall supersede and control to the maximum extent permitted by applicable law.

17. GEOGRAPHIC SCOPE & UNITED STATES USE ONLY

17.1. Territorial Limitation

Somatics Fitness & Nutrition is controlled, operated, and administered by Somatics, Incorporated from its offices within the United States. The App is intended strictly for access and use by residents of the United States. Somatics, Incorporated makes no representations or warranties that the App, exercise libraries, predictive progressions, recipes, or AI chatbot features are appropriate, legal, or available for use outside the United States.

17.2. International Trade Controls

You expressly represent and warrant that: (a) you are accessing the App from within the United States; (b) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (c) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. STATE-SPECIFIC STATUTORY DISCLOSURES & WAIVERS

18.1. California Civil Code Section 1542 Waiver

If you are a resident of the State of California, you expressly waive all rights and benefits under California Civil Code Section 1542, which states verbatim: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You expressly acknowledge that this waiver includes claims, injuries, or damages that are presently unknown, unsuspected, or unanticipated arising out of or related to your use of Somatics Fitness & Nutrition.

18.2. State Automatic Renewal Law Disclosures

In compliance with state Automatic Renewal Laws (including California, New York, Oregon, and Virginia):

• Your Subscription will automatically continue and renew at the selected interval (e.g., monthly or annually) at the prevailing subscription rate unless cancelled.
• You explicitly authorize Somatics, Incorporated (via Apple App Store or Google Play Store) to charge your payment method on a recurring basis.
• You may cancel your Subscription at any time through your Apple ID Account Settings or Google Play Subscription Manager. Cancellation takes effect at the end of the current billing cycle.

18.3. New Jersey Consumer Protection Notice

If you are a consumer residing in New Jersey, the limitations, exclusions, and disclaimers in Sections 12, 13, and 14 are intended to be as broad and inclusive as permitted by the laws of the State of New Jersey. Nothing in this Agreement excludes, restricts, or modifies any right or remedy available to you under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCNWA).

18.4. State Savings Clause

Where any provision of this Agreement is restricted, limited, or prohibited by applicable state law, such provision shall be deemed amended to comply with the minimum requirements of such state law, or severed if compliance is impossible, without invalidating the remaining provisions of this Agreement.

19. SEVERABILITY AND SURVIVAL

19.1. Severability

If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is impossible, the provision shall be severed, and all remaining provisions of this Agreement shall remain in full force and effect.

19.2. Survival

All clauses which by their nature should survive termination shall survive the termination or expiration of this Agreement, including without limitation Section 4 (Medical Disclaimers), Section 5 (Self-Screening Warranty), Section 6 (Assumption of Risk), Section 7 (Algorithmic Release), Section 8 (Third-Party Data Waiver), Section 10 (Intellectual Property), Section 12 (Disclaimer of Warranties), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Arbitration & Class Action Waiver), and Section 18 (State-Specific Waivers).

20. FORCE MAJEURE & SERVICE OUTAGES

Somatics, Incorporated shall not be held liable for any failure, delay, data loss, or server disruption resulting from acts of God, cloud hosting failures, third-party API downtime (including Google Gemini or FatSecret service disruptions), cyberattacks, internet outages, power grid failures, labor disputes, or government directives beyond our reasonable control.

21. ENTIRE AGREEMENT

This Agreement constitutes the final, complete, and exclusive agreement between you and Somatics, Incorporated regarding your use of Somatics Fitness & Nutrition, superseding all prior oral or written agreements, understandings, representations, or marketing communications regarding the subject matter herein.

22. SMS MESSAGING (VERIFICATION CODES)

22.1. Program Description

Somatics, Incorporated operates a single text message program in connection with Somatics Fitness & Nutrition. That program sends one-time verification codes, also called sign-in codes, to the mobile telephone number associated with your account. The codes are used to create your account, to confirm that you control the number you have given, and to authenticate you when you sign in.

These are transactional service messages, sent only in response to an action you take. THIS PROGRAM DOES NOT SEND MARKETING, PROMOTIONAL, OR ADVERTISING MESSAGES OF ANY KIND. Messages are delivered on our behalf by our messaging provider. We do not share your mobile telephone number with third parties for their own marketing purposes.

22.2. Consent to Receive Messages

You supply your mobile telephone number, and request a verification code, by your own affirmative action within the App. No consent to receive text messages is pre-selected, pre-checked, bundled with another agreement, or given on your behalf. By entering your mobile telephone number and requesting a code, you consent to receive automated one-time verification codes sent by or on behalf of Somatics, Incorporated at that number.

You represent and warrant that you are the subscriber to, or the customary and authorized user of, the mobile telephone number you provide, and that you are at least eighteen (18) years of age as required by Section 3. You agree to notify us promptly, using the details in Section 25, if you cease to control that number, so that codes are not delivered to a person to whom it is later reassigned.

Consent to receive verification codes is not a condition of any purchase. It is a condition of using the sign-in-by-code method, because the code is the means by which that method authenticates you. Alternative ways to sign in are described in Section 22.5.

22.3. Message Frequency

Messages are sent only in response to an action you take. You will ordinarily receive one message for each account creation, sign-in, or verification attempt that you initiate. Message frequency therefore varies, and depends entirely on how often you choose to sign in. This program sends no recurring, scheduled, or unsolicited messages.

22.4. Message and Data Rates

MESSAGE AND DATA RATES MAY APPLY. Somatics, Incorporated does not charge you for verification code messages. Any charge for sending or receiving a text message is set by your mobile carrier under the terms of your own plan, and is a matter between you and that carrier. Consult your plan for details.

22.5. Opting Out (STOP)

You may stop verification code messages at any time by replying STOP to any message received from this program. You will receive a single message confirming that you have been unsubscribed, after which no further messages will be sent to that number.

YOU SHOULD UNDERSTAND WHAT OPTING OUT DOES BEFORE YOU DO IT. The verification code is the means by which the sign-in-by-code method confirms your identity. If you opt out, that method will stop working for you, and you must sign in by one of the alternatives the App provides, being your password or a one-time link sent to a verified email address on your account. IF YOUR ACCOUNT HAS NEITHER A PASSWORD NOR A VERIFIED EMAIL ADDRESS, OPTING OUT MAY LEAVE YOU UNABLE TO SIGN IN.

You may resume verification code messages at any time by replying START to the number from which the messages were sent. Requesting a new code inside the App will not by itself reverse a STOP, because the instruction is held by the carrier and by our messaging provider rather than by the App.

22.6. Getting Help (HELP)

You may reply HELP to any message received from this program to receive help information. You may also contact us at any time at somaticsfn@gmail.com, or at the address given in Section 25.

22.7. Supported Carriers

This program is available on major mobile carriers in the United States. Carrier participation may change without notice. The program is not offered outside the United States, consistent with the geographic restriction in Section 17.

WIRELESS CARRIERS ARE NOT LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. Delivery of any message depends on effective transmission by your carrier and by our messaging provider, and is outside the control of Somatics, Incorporated. YOU MUST NOT RELY ON THE TIMELY ARRIVAL OF A VERIFICATION CODE IN ANY CIRCUMSTANCE WHERE DELAY WOULD CAUSE YOU HARM.

23. GOVERNING LAW

This Agreement, and any dispute arising out of or relating to it or to your use of the App, is governed by the laws of the State of North Carolina, United States, without regard to its conflict of law principles. The home jurisdiction of Somatics, Incorporated, for the purposes of Section 15.2, is the State of North Carolina. Where any claim is not subject to arbitration under Section 15, you and Somatics, Incorporated submit to the exclusive jurisdiction of the state and federal courts located in North Carolina.

24. PRIVACY

Our collection and use of personal information is described in our Privacy Policy, which covers the App, and our Website Privacy Policy, which covers our website. Both are incorporated into this Agreement by reference. We reserve the right to revise those policies at any time as set out in each of them.

25. CONTACT

Somatics, Incorporated, 3925 Newhall Drive NW, Hickory, North Carolina 28601, United States. For any question about this Agreement, and for the Notice of Dispute required by Section 15.1, contact us at somaticsfn@gmail.com.

26. REFERRAL PROGRAM

26.1. Program Description

Somatics, Incorporated may operate a referral program under which a person who holds an account invites another person to create one, and receives credits toward the artificial intelligence builder tools within the App when that person does so. The credits awarded, the conditions a referral must satisfy to qualify, and the number of referrals that may be rewarded are those stated in the App at the time of the referral. They are not fixed by this Agreement and may change.

26.2. Eligibility

To participate you must hold an account in good standing, and must satisfy the age requirement in Section 3 and the geographic restriction in Section 17. You may not refer yourself. A person you refer must be a new user who has not previously held an account with us.

26.3. One Referral Per Telephone Number

A MOBILE TELEPHONE NUMBER MAY BE REFERRED ONCE AND ONCE ONLY. This limit is permanent. It is not reset by deleting an account, by creating a new account, or by deleting and reinstalling the App.

To enforce this limit we retain a one-way hash of each referred telephone number, and we retain it after the associated account is deleted. We do not derive, collect, or store any device identifier for this or for any other purpose. Section 14 of our Privacy Policy describes this retention.

26.4. Prohibited Conduct

You must not, in connection with the referral program:

• create or control more than one account, whether to refer yourself or to claim a reward;
• use a mobile telephone number that you are not entitled to use, or that belongs to a person who has not agreed to be referred;
• use a temporary, disposable, or virtual numbering service to obtain telephone numbers;
• distribute a referral link or code by unsolicited bulk message, by paid search on our name or marks, or in any manner that would constitute spam;
• misrepresent your relationship with Somatics, Incorporated, or offer any inducement of your own in our name;
• use any automated means to generate accounts, referrals, or rewards.

26.5. Forfeiture and Clawback

WE MAY WITHHOLD, REVERSE, OR CANCEL ANY CREDIT, AND MAY SUSPEND OR TERMINATE ANY ACCOUNT, where we determine that a referral was not genuine, that this Section 26 has been breached, or that the program has otherwise been abused. We may do so after a credit has been awarded and after it has been spent. Where a credit has already been spent, we may reduce a future allowance by the corresponding amount. A determination under this Section is made in our sole and absolute discretion.

26.6. No Cash Value

Credits are a limited, revocable license to use a feature of the App. THEY ARE NOT PROPERTY, HAVE NO CASH VALUE, AND ARE NOT REDEEMABLE FOR MONEY. They may not be sold, transferred, assigned, gifted, exchanged, or combined across accounts, and they are forfeited when an account is terminated or deleted. Credits are not a refund, and nothing in this Section limits Section 11.

26.7. Changes and Termination of the Program

We may change, suspend, or end the referral program at any time, in our sole and absolute discretion, with or without notice. Ending the program does not entitle you to compensation for credits you have not earned, and does not oblige us to honor a referral that had not qualified before the program ended.

26.8. Taxes

Any tax arising from a reward you receive is your sole responsibility.