Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Phaze mobile application, the Apple Watch companion, the phaze.fit website, and related services (the "Service"). The Service is operated by Zeit Capital Ltda, a limited liability company organized under the laws of Brazil ("Phaze," "we," "us," or "our").

By downloading, installing, accessing, or using the Service, you agree to these Terms and our Privacy Policy and Consumer Health Data Privacy Policy , each incorporated by reference. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes both you and the organization.

You must be at least 18 years of age to use the Service. By using the Service you represent that you are 18 or older, that you have the legal capacity to enter into these Terms, and that your use is not prohibited by law in your jurisdiction.

We do not knowingly accept users under 18. If we discover that an account belongs to someone under 18, we will close the account and delete the associated data.

Phaze is a wellness companion application for adults using or considering GLP-1 medications, intended to help you log, visualize, and reflect on your nutrition, hydration, activity, body composition, and habits.

Phaze is not a medical device. Phaze does not diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Phaze does not provide medical advice, prescriptions, dosing recommendations, or substitute for professional medical judgment.

You should always consult your prescribing healthcare provider before:

• Starting, changing, or stopping any medication (including GLP-1 receptor agonists)
• Changing your diet, exercise routine, or hydration plan, particularly if you have a medical condition or are pregnant or nursing
• Acting on any information presented in the Service

The Service is not intended for use in emergencies. If you are experiencing a medical emergency, call your local emergency number.

AI features. Phaze includes AI-driven features such as the Ember chat assistant, food image recognition, and personalized recommendations. AI output may be inaccurate, incomplete, or out of date. Ember will not provide dosing advice, contraindication guidance, side-effect triage, or any clinical recommendation. Treat AI output as informational only and consult your healthcare provider for any medical question.

You may need to create an account to use certain features. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your account credentials and for activity that occurs under your account. Notify us at support@phaze.fit if you suspect unauthorized use.

You can delete your data at any time from Settings, Privacy, Delete Everything, Delete All Data. This action removes the data stored on your device. To also remove any Cloud Backup file from your iCloud (iOS) or Google Drive (Android) account, disable Cloud Backup in Settings, Cloud Backup and remove the backup file via Apple or Google data-management tools.

5.1 Tiers

Phaze offers a free tier and a paid premium tier ("Phaze Pro").

Phaze Pro pricing. The current price and billing period for each plan are shown on the purchase screen in the Apple App Store or Google Play before you subscribe, and may vary by region, currency, and applicable taxes. New users may be offered a free trial; the trial length is shown at purchase. The free tier includes limited use of certain AI features (for example, a capped number of AI meal scans and AI chat messages); paid plans remove those limits.

5.2 Auto-renewal

Subscriptions automatically renew at the end of each subscription period unless you cancel at least 24 hours before the end of the current period. The same price and period will apply to each renewal unless we notify you of a price change at least 30 days in advance and obtain any consent required by law.

Payment is charged to your Apple App Store account (iOS users) or Google Play account (Android users) at confirmation of purchase and at each renewal. You may manage or cancel your subscription at any time:

• iOS: Settings, Apple ID, Subscriptions
• Android: Google Play, Profile, Payments and Subscriptions, Subscriptions

Deleting the app does not cancel your subscription.

5.3 Free trial

If a free trial is offered, your selected payment method will be charged at the end of the trial unless you cancel before the trial ends. Cancellation during the trial avoids any charge. Trial length is shown adjacent to the price on the purchase screen.

5.4 Refunds

Refund requests for subscriptions purchased through Apple App Store or Google Play are handled by Apple or Google according to their refund policies. We do not process refunds directly for App Store or Play purchases.

EU/EEA/UK statutory withdrawal right. Under the EU Consumer Rights Directive (Directive 2011/83/EU) and equivalent UK law, you generally have 14 days to withdraw from a distance contract. By accepting these Terms and starting to use Phaze Pro features, you expressly request immediate performance and acknowledge that you will lose the right of withdrawal once digital content has been supplied. If you have questions, contact support@phaze.fit.

California Automatic Renewal Law disclosures. The purchase screen presents the subscription title, renewal period, total recurring charge per period, and cancellation instructions. You may cancel any time in the same medium you used to subscribe (App Store or Play subscription management). We will send a confirmation email after purchase with cancellation instructions.

5.5 Price changes

We may change subscription prices. We will give you at least 30 days' notice of any price change before it takes effect, and where required by law, your consent to the new price before charging.

You retain ownership of content you create or upload through the Service ("Your Content"), including progress photos, notes, weights, meals, and other entries.

You grant Phaze a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely to operate, maintain, and improve the Service for you, and to perform the functions you direct (for example, generate a PDF, share a milestone card). This license ends when you delete the content or your account, except to the extent we are legally required to retain it.

We do not train AI models on Your Content. We do not use Your Content for marketing without your explicit consent. We do not sell Your Content.

If you choose to share content from the Service (for example, post a milestone card to social media), you do so voluntarily, and you are responsible for compliance with the third-party platform's terms.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Use the Service to attempt to provide medical advice to others
• Reverse engineer, decompile, disassemble, or extract source code from the Service except to the extent expressly permitted by applicable law
• Circumvent or attempt to circumvent any security feature, paywall, or content-protection mechanism
• Resell, redistribute, rent, lease, or sublicense access to the Service
• Submit content that infringes intellectual property rights, violates privacy, or is unlawful, defamatory, threatening, harassing, or obscene
• Use automated means to access the Service or scrape data
• Interfere with or disrupt the Service or its servers
• Impersonate any person or misrepresent your affiliation
• Submit false data with the intent to defraud (for example, fraudulent subscription claims)

We may suspend or terminate your account for violation of these Terms.

The Service, including its software, designs, text, graphics, logos, and the Phaze and Ember marks, is owned by Zeit Capital Ltda and our licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

All rights not expressly granted are reserved.

Feedback. If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them without obligation to you.

The Service interoperates with third-party services such as Apple HealthKit, Google Health Connect, Apple App Store, Google Play, Google Drive (AppData), AI providers, recipe and food databases, and identity providers. Your use of those services is governed by their terms. We are not responsible for third-party services. See our Privacy Policy for details on data flows.

You may stop using the Service and delete your account at any time.

We may suspend or terminate your access to the Service:

• If you materially breach these Terms
• To comply with law or a request of a governmental authority
• If continued operation poses a safety or security risk
• If we discontinue the Service (we will give reasonable notice)

Provisions that by their nature should survive termination will survive, including Sections 6 (license to Your Content as needed for legal retention), 8 (intellectual property), 11 (disclaimers), 12 (limitation of liability), 13 (indemnity), 14 (governing law), 15 (dispute resolution), and 16 (general).

Upon termination, your right to use the Service ceases immediately. You may export your data prior to termination per our Privacy Policy.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING NUTRIENT ESTIMATES, BODY-COMPOSITION ESTIMATES, AND AI-GENERATED OUTPUT.

HEALTH AND MEDICAL DISCLAIMER. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusion is not permitted, the warranties are limited to the minimum required by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHAZE OR ZEIT CAPITAL LTDA, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) USD $100.

Some jurisdictions do not allow these limitations. To the extent not permitted, our liability is limited to the minimum required by applicable law. Nothing in these Terms excludes liability that cannot be excluded under applicable law (for example, for death or personal injury caused by negligence, fraud, or as required by mandatory consumer protection law).

You agree to defend, indemnify, and hold harmless Phaze, Zeit Capital Ltda, and our officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any law or rights of a third party
• Your Content
• Your unlawful or unauthorized use of the Service

We will give you prompt notice of any claim and reasonable cooperation in defense, at your expense. You will not settle any claim that imposes liability or admission on us without our prior written consent.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except where mandatory consumer-protection law of your country of residence (such as Brazilian Codigo de Defesa do Consumidor or EU or UK consumer law) provides additional non-waivable protections, which will continue to apply.

For users domiciled in Brazil, the Federative Republic of Brazil shall have non-exclusive jurisdiction notwithstanding the foregoing, as required by the Codigo de Defesa do Consumidor.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION. IT DOES NOT APPLY TO YOU IF MANDATORY LAW OF YOUR JURISDICTION PROHIBITS IT, OR IF YOU EXERCISE THE OPT-OUT RIGHT BELOW.

15.1 Informal resolution

Before filing a claim, you agree to contact us at legal@phaze.fit and attempt to resolve the dispute informally for at least 60 days.

15.2 Binding arbitration

If informal resolution fails, you and Phaze agree that any dispute arising out of or related to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and its Consumer Arbitration Minimum Standards, and not in court. The arbitration will take place in Wilmington, Delaware, or, if you are a consumer outside the United States, in your country of residence to the extent required by mandatory law. The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Exceptions: either party may bring a claim in small-claims court if it qualifies, and either party may seek injunctive relief in court for misuse of intellectual property.

15.3 Class action waiver

ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. You waive any right to participate as a member of a class or in a class action against Phaze. If this waiver is found unenforceable, the entire arbitration agreement is void as to the affected dispute, and the dispute will proceed in court subject to Section 14.

15.4 Opt-out

You may opt out of this Section 15 within 30 days of first accepting these Terms by emailing legal@phaze.fit with the subject line "Arbitration Opt-Out" and your account email. Opting out does not affect any other provision.

15.5 Brazil, EU, UK, and other consumer jurisdictions

Where mandatory consumer-protection law in your country of residence prohibits pre-dispute arbitration or class waivers (for example, Brazilian CDC, EU consumer law), Sections 15.2 and 15.3 do not apply to you and you may pursue your claim in the courts that have jurisdiction under that law.

• Changes to Terms. We may update these Terms. We will post the updated Terms with a new "Last updated" date and notify you of material changes in-app or by email at least 30 days before they take effect, unless a shorter timeframe is required by law.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force.
• No waiver. Failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delay or failure due to causes beyond reasonable control.
• Entire agreement. These Terms, the Privacy Policy, and the Consumer Health Data Privacy Policy are the entire agreement between you and Phaze regarding the Service. There are no third-party beneficiaries, except as expressly stated (Apple, see Section 17).
• No third-party beneficiaries, except as expressly stated (Apple, see Section 17).
• Notices. Notices to you may be given by in-app notice, email to the address on file, or posting on phaze.fit. Notices to us must be sent to legal@phaze.fit and Zeit Capital Ltda, SRTVS Conjunto L, Lote 38, Centro Empresarial Assis Chateaubriand, No 30, Sala 417 Parte J 07, Brasilia, DF, CEP 70340-906, Brazil.

You and we acknowledge that these Terms are concluded between you and Phaze only, and not with Apple. Phaze, not Apple, is solely responsible for the Service and its content. To the extent these Terms provide for usage rules that are less restrictive or in conflict with the Apple App Store Terms of Service, the more restrictive or conflicting Apple terms apply.

Apple has no obligation to provide maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple will have no other warranty obligation. Phaze, not Apple, is responsible for addressing any claims relating to the Service.

Phaze, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim. You represent that you are not located in a country subject to a U.S. Government embargo and are not on a U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

If you obtained the Service from Google Play, you acknowledge that Google is not a party to these Terms and that your use is also governed by the Google Play Terms of Service. Google has no obligation to provide support for the Service. We are responsible for the Service and any claims relating to it.

• General support: support@phaze.fit
• Legal notices: legal@phaze.fit
• Privacy: privacy@phaze.fit
• Postal: Zeit Capital Ltda, SRTVS Conjunto L, Lote 38, Centro Empresarial Assis Chateaubriand, No 30, Sala 417 Parte J 07, Brasilia, DF, CEP 70340-906, Brazil