Effective Date: March 31, 2026

Last Updated: March 31, 2026

These Terms of Service (“Terms”) govern your access to and use of the Phlame mobile application, websites, and related services (collectively, the “Service”). The Service is operated by Phlame, Inc. (“Phlame,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, do not access or use the Service.

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian.

By using the Service, you represent and warrant that:

• you meet the eligibility requirements above;
   
• you are legally able to enter into these Terms; and
   
• all information you provide to us is accurate and complete.
   

Phlame is a fitness and workout-related service that may provide features such as workout tracking, treadmill session tracking, performance metrics, exercise-related content, and related app functionality.

We may update, modify, suspend, discontinue, or remove any part of the Service at any time, with or without notice, to the fullest extent permitted by law.

You may need to create an account to access some features of the Service.

You agree to:

• provide accurate, current, and complete information;
   
• keep your information updated;
   
• maintain the confidentiality of your login credentials; and
   
• notify us promptly if you suspect unauthorized use of your account.
   

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account caused by your failure to safeguard your credentials.

You agree not to, and not to assist or permit others to:

• use the Service in violation of any applicable law, regulation, or third-party right;
   
• reverse engineer, decompile, disassemble, copy, or attempt to derive source code from the Service, except where prohibited by law;
   
• interfere with, disrupt, damage, or gain unauthorized access to the Service or related systems;
   
• bypass or attempt to bypass any security measures, authentication, rate limits, or usage restrictions;
   
• upload, post, or transmit malicious code, viruses, or harmful material;
   
• use the Service to harass, threaten, abuse, exploit, or harm any person;
   
• submit false, misleading, or manipulated workout, performance, or account information;
   
• use bots, scripts, or automated means to scrape, access, or misuse the Service without our prior written permission.
   

We may investigate suspected violations and suspend or terminate access to the Service if we believe, in our sole discretion, that you violated these Terms.

The Service is provided for general fitness, wellness, and informational purposes only. The Service does not provide medical advice and is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

You acknowledge and agree that:

• physical exercise and athletic activity involve inherent risks, including injury, illness, disability, or death;
   
• any workout, training, tracking, or performance information provided through the Service may not be appropriate for your specific circumstances; and
   
• you should consult a physician or other qualified healthcare professional before beginning or modifying any exercise, wellness, or training program, especially if you have any medical condition, injury, or other health concern.
   

Your use of the Service is at your own risk.

You knowingly and voluntarily assume all risks arising from your use of the Service and from any physical activity, exercise, or training you undertake in connection with the Service.

To the maximum extent permitted by law, Phlame is not responsible for injuries, health complications, damages, or losses arising from your participation in any activity, workout, or training connected to the Service.

The Service may display or generate workout-related metrics, including but not limited to time, distance, pace, calories, repetitions, sets, speed, movement analysis, exercise detection, or other performance information.

You acknowledge that such metrics may be:

• estimated;
   
• inaccurate;
   
• incomplete;
   
• delayed; or
   
• unavailable.
   

You are solely responsible for verifying any information you choose to rely on. We do not guarantee the accuracy, completeness, reliability, or usefulness of any metric, analysis, or output generated by the Service.

If the Service allows you to upload, submit, store, send, or display content, including videos, photos, comments, workout entries, profile information, or other materials (“User Content”), you retain ownership of your User Content.

However, by submitting User Content through the Service, you grant Phlame a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, display, perform, and distribute that User Content solely as needed to operate, improve, promote, and provide the Service.

You represent and warrant that:

• you own or control all rights necessary to submit the User Content;
   
• your User Content does not infringe or violate any third-party rights;
   
• your User Content is not false, fraudulent, defamatory, unlawful, or harmful; and
   
• you have obtained any necessary consent from people appearing in uploaded content.
   

We may remove or restrict User Content at any time if we believe it violates these Terms or creates risk for us or others.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

If the Service collects or processes fitness, sensor, device, or other sensitive information, that processing is governed by our Privacy Policy and applicable law.

The Service may integrate with or depend on third-party products or services, including hosting providers, analytics services, authentication tools, cloud services, app stores, payment processors, health platforms, or device integrations.

We do not control third-party services and are not responsible for their availability, security, content, or practices. Your use of third-party services may be subject to separate third-party terms and privacy policies.

Certain features of the Service may be offered on a paid basis, including subscriptions, premium features, or one-time purchases.

If you purchase paid features:

• you agree to pay all applicable fees and taxes;
   
• recurring subscriptions may renew automatically unless canceled before renewal;
   
• purchases made through Apple’s App Store or Google Play are billed and managed by those platforms and may be subject to their billing, cancellation, and refund policies;
   
• except where required by law, fees are non-refundable.
   

We may change pricing or paid features at any time, but changes will not affect the current billing period already paid for unless otherwise disclosed.

If the Service offers contests, prizes, rewards, leaderboards, rankings, or challenges, additional rules may apply.

We reserve the right to:

• review activity for fraud, abuse, manipulation, or cheating;
   
• disqualify users or remove entries at our sole discretion;
   
• withhold or revoke rankings, rewards, or prizes if we suspect misconduct; and
   
• modify or cancel a promotion, challenge, or leaderboard feature at any time.
   

Our decisions regarding eligibility, rankings, verification, disqualification, and rewards are final to the maximum extent permitted by law.

The Service, including its software, code, design, text, graphics, branding, logos, trademarks, and other content provided by us, excluding User Content, is owned by Phlame, Inc. or its licensors and is protected by intellectual property and other applicable laws.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

You may not use our name, logo, trademarks, or branding without our prior written consent.

You may stop using the Service at any time.

We may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time, with or without notice, if:

• you violate these Terms;
   
• we reasonably believe your use creates risk, legal exposure, or harm to us, the Service, or others; or
   
• we are required to do so for legal, security, or operational reasons.
   

Upon termination, your right to use the Service will immediately end. Sections that by their nature should survive termination will survive, including sections on ownership, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

PHLAME DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, OR RELIABILITY.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA, METRICS, OR OUTPUTS WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHLAME, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS (US $100), OR
   
• THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
   

Some jurisdictions do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Phlame, Inc. and its officers, directors, employees, contractors, affiliates, licensors, and service providers from and against any claims, actions, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use of the Service;
   
• your User Content;
   
• your violation of these Terms; or
   
• your violation of any law or third-party right.
   

If you downloaded the app through Apple’s App Store, you acknowledge and agree that:

• these Terms are between you and Phlame, Inc., and not with Apple;
   
• Apple is not responsible for the Service or its content;
   
• Apple has no obligation to furnish maintenance or support services for the Service;
   
• to the extent any warranty exists by law and cannot be disclaimed, Apple is not responsible for that warranty;
   
• Apple is a third-party beneficiary of these Terms and may enforce these Terms against you as a third-party beneficiary.
   

We may update these Terms from time to time. If we make material changes, we may provide notice through the Service, by email, or by other reasonable means.

The “Last Updated” date at the top of these Terms indicates when these Terms were last revised. By continuing to use the Service after the updated Terms become effective, you agree to the revised Terms.

These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Texas, without regard to its conflict of law principles, except to the extent preempted by applicable law.

If you have any questions about these Terms, you may contact us at:

Phlame, Inc.

Email: support@phlame.ai