Privacy Notice

Effective Date: December 7, 2026

Welcome to NEUROFIT—an app to help you monitor and manage stress. This Privacy Notice explains how Xama Technologies, Inc. d/b/a NEUROFIT (“NEUROFIT”) collects, uses, discloses, and otherwise processes personal data in connection with the NEUROFIT app, and https://neurofit.app/, as well as any specific product, service, or application that references or links to this Privacy Notice (“Services”). We may also choose or be required by law to provide different or additional disclosures relating to the processing of personal data about residents of certain countries, regions, or states. Please refer to the Region-Specific Disclosures section below for additional disclosures that may be applicable to you.

This Privacy Notice does not address our privacy practices relating to NEUROFIT job applicants, employees and other employment-related individuals, nor data that is not subject to applicable data protection laws (such as, depending on the laws in the relevant jurisdiction, anonymized data, deidentified information, or publicly available information). This Privacy Notice is also not a contract and does not create any legal rights or obligations not otherwise provided by law.

While NEUROFIT does collect health data of individuals in the United States, NEUROFIT is neither a covered entity nor business associate under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and therefore HIPAA does not apply to your personal data that we collect via our Services.

Our Collection and Use of Personal Data

The categories of personal data we collect depend on how you interact with us and our services. For example, you may provide us with your personal data directly when you sign up for an account with us, complete one of our quizzes, or undertake online training.

We also collect personal data automatically when you interact with our websites and other services and may also collect personal data from other sources and third parties.

Personal Data Provided by Individuals

We collect the following categories of personal data individuals provide us:

• Contact Information, including first and last name, email address, and communication preferences. We use this information primarily to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences.
• Professional Information, including job title, company name, professional background, and the nature of your relationship with us, if you have access to our app via your employer. We use this information primarily to fulfill your request or transaction, to determine how we communicate with you, to administer your account, to provide you with our services, and for customer support purposes.
• Account Information, including first name, email address, account credentials or one-time passcodes, and the products or services you are interested in, purchased, or have otherwise used. We use this information primarily to administer your account, provide you with our Services, communicate with you regarding your account and your use of our Services, and for customer support purposes.
• User Content, including any files, documents, audio, videos, images, data, or communications you choose to input, upload, or transmit to our Services, such as self-reported assessments, exercise activity, and/or conversations with our AI coach, CLEAR. Conversations with CLEAR may include your responses, reactions and session context (such as the focus area and check-in state you select). Your User Content may include health information that you choose to share with us. We use this content primarily to provide you with our Services, including to generate CLEAR responses, refer back to previous CLEAR sessions, screen messages for safety, facilitate your requests, and improve our Services.
• Health Information, including information we collect from scans of your finger, which process physiological signals on your device and then send to our servers estimated heart rate, heart rate variability (HRV), breathing rate, and blood oxygen saturation (SpO2), as well as derived signals such as heart-rhythm statistics and physiology-related indices. From these estimates we also derive and estimate parasympathetic and sympathetic nervous system activity indexes. In addition, we collect information you choose to enter into the app, such as stress level, energy level, exercise, sleep quality, water and alcohol intake and mood. We use your health information to provide you with the Services, including providing you with information about your stress levels.
• Payment Information, via Stripe (including Apple Pay and Google Pay) for purchases made on our website, and via the Apple App Store and Google Play for purchases in the app. While we do not process payments ourselves, we may receive from Stripe the name on the card, the last four digits of your card number, expiry date and confirmation of the transaction. From Apple and Google, we only receive confirmation of the transaction. We do not retain any personally identifiable financial information, such as full payment card number. Rather, all such information is provided directly by you to our third-party payment providers. The payment provider’s use of your personal data is governed by their privacy notice. To view Stripe’s privacy policy, please click here.
• Quiz and Survey Information, including information provided when you sign up for a quiz. We use this information primarily to administer and facilitate our Services, respond to your submission, communicate with you, conduct market research, and improve and grow our business.
• Feedback and Support Information, including the contents of custom messages sent through email addresses, or other contact information we make available to users. We use this information primarily to investigate and respond to your inquiries, to communicate with you via email or social media, and to improve our Services.
• With Your Consent, we will collect such information as described at the time of consent and for the purposes described therein.

If you choose to contact us, we may need additional information to fulfill the request or respond to your inquiry. We may provide additional privacy disclosures where the scope of the request we receive or personal data we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information you provide at that time.

Personal Data Automatically Collected

We, and our third-party partners, automatically collect information you provide to us and information about how you access and use our Services when you engage with us. We typically collect this information through the use of a variety of our own and our third-party partners’ automatic data collection technologies, including (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies. Information we collect automatically about you may be combined with other personal information we collect directly from you or receive from other sources.

We, and our third-party partners, use automatic data collection technologies to automatically collect the following data when you use our services or otherwise engage with us:

• Information About Your Device and Network, including the device type, signal quality and device diagnostics pertaining to finger scans, manufacturer, and model, operating system, IP address, browser type, Internet service provider, and unique identifiers associated with you, your device, or your network (including, for example, a persistent device identifier). We employ third-party technologies designed to allow us to recognize when two or more devices are likely being used by the same individual and may leverage these technologies (where permitted) to link information collected from different devices.
• Information About the Way Individuals Use Our Services and Interact With Us, including the site from which you came, the site to which you are going when you leave our services, how frequently you access our services, whether you open emails or click the links contained in emails, whether you access our services from multiple devices, and other browsing behavior and actions you take on our services (such as the pages you visit, the content you view, videos you watch, the communications you have through our services, and the content, links and ads you interact with). We employ third-party technologies designed to allow us to collect detailed information about browsing behavior and actions that you take on our services. Our third-party providers provide these services to us pursuant to data processing agreements.
• Information About Your Location, including general geographic location that we or our third-party providers may derive from your IP address.

All of the information collected automatically through these tools allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve our Services, to offer communications features such as automated chat, and to improve the effectiveness of our products, services, offers, communications and customer service. We may also use this information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our Services.

For information about the choices you may have in relation to our use of automatic data collection technologies, please refer to the Your Privacy Choices section below.

Personal Data from Other Sources and Third Parties

We may receive the same categories of personal data as described above from the following sources and other parties:

• Single Sign-On: We may provide you the ability to log in to our Services through certain third-party accounts you maintain. When you use these single sign-on protocols to access our Services, we do not receive your login credentials for the relevant third-party service. Instead, we receive tokens from the single sign-on protocol to help identify you in our system (such as by your username) and confirm you successfully authenticated through the single sign-on protocol. This information allows us to more easily provide you access to our Services.
• Mobile Sign-On: We may provide you with the ability to log in to our mobile applications or authenticate yourself using facial, fingerprint, or other biometric recognition technology available through your mobile device. If you choose to utilize these login features, information about your facial geometry, your fingerprint, or other biometric information will be collected by your mobile device for authentication purposes. We do not store or have access to this biometric information. Instead, your mobile device will perform the biometric authentication process and only let us know whether the authentication was successful. If the authentication was successful, you will be able to access the applicable mobile application or feature without separately providing your credentials. For more details, please refer to the biometric authentication guides offered by your device provider.
• Employers: If you interact with our Services in connection with your employment, we may obtain personal data about you from your employer or another company for which you work. For example, we may obtain your contact information from your employer to allow us to communicate with you about your employer’s customer relationship with us and the Services that we offer.
• Other Customers: We may receive your personal data from our other customers. For example, a customer may provide us with your contact information as a part of a referral.
• Social Media: When you interact with our Services through social media networks, such as when you take a quiz we offer via social media, or share our content on social networks, we may receive some information that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network, and may include profile information, profile picture, username, and any other information you permit the social network to share with third parties. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information primarily to operate, maintain, and provide to you the features and functionality of our Services, to conduct research and improve our Services, and to communicate directly with you, such as to send you messages about features that may be of interest to you.
• Service Providers: Our service providers that perform services on our behalf, such as analytics and certain marketing providers, collect personal data and often share some or all of this information with us. For example, we receive personal data you may submit in response to quizzes.
• Third-Party Integrations: We may receive your personal data from third-party companies who offer products and/or services that can integrate with our Services. For example, when you choose to link our Services to a wearable device, such as a smart watch, we may receive readings generated by that device, including via the Apple Health app or Android Health Connect. We may also receive readings collected by your smart device via Apple Health and Android Health Connect, such as heart rate variability, heart rate, and breathing rate, including daily summaries. If you choose to leverage these third-party service integrations, we may receive confirmation regarding whether you are an existing customer of their services. As set out in the Third-Party Websites and Services section below, these integrations are subject to the privacy notices of those third parties.
• Other Sources: We may also collect personal data about you from other sources, including publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions.
• Inferences: We may generate inferences or predictions about you and your interests and preferences based on the other personal data we collect and the interactions we have with you.

Additional Uses of Personal Data

In addition to the primary purposes for using personal data described above, we may also use personal data we collect to:

• Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to facilitate payment for our Services, or to deliver the services requested;
• Manage our organization and its day-to-day operations;
• Communicate with you, including via email, push notification, and/or social media;
• Facilitate the relationship we have with you and, where applicable, the company you represent;
• Request you provide us with feedback about our product and service offerings;
• Address inquiries or complaints made by or about an individual in connection with our products or services;
• Create and maintain accounts for our users;
• Verify your identity and entitlement to our Services;
• Register you for and provide you with access to quizzes and surveys;
• Market our Services to you, including through email, push notification, and social media;
• Administer, improve, and personalize our Services, including by recognizing you and remembering your information when you return to our Services;
• Develop, operate, improve, maintain, protect, and provide the features and functionality of our Services;
• Identify and analyze how you use our Services;
• Infer additional information about you from your use of our Services, such as your interests.
• Create aggregated or de-identified information that cannot reasonably be used to identify you, which information we may use for purposes outside the scope of this Privacy Notice;
• Conduct research and analytics on our user base and our Services, including to better understand the demographics of our users;
• If you are a US resident, conduct scientific research to promote wellness, including de-identifying your health information and using it to publish research papers and white papers, and sharing it with third-party partners for the same purpose;
• Improve and customize our Services to address the needs and interests of our user base and other individuals we interact with;
• Test, enhance, update, and monitor the Services, or diagnose or fix technology problems;
• Help maintain and enhance the safety, security, and integrity of our property, products, services, technology, assets, and business;
• Defend, protect, or enforce our rights or applicable contracts and agreements (including our Terms of Use), as well as to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
• Detect, prevent, investigate, or provide notice of security incidents or other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of NEUROFIT and others;
• Facilitate business transactions and reorganizations impacting the structure of our business;
• Comply with contractual and legal obligations and requirements;
• Fulfill any other purpose for which you provide your personal data, or for which you have otherwise consented.

Our Disclosure of Personal Data

We disclose or otherwise make available personal data in the following ways:

• To Your Employer: If you interact with our services in connection with your employment, we may disclose personal data to your employer or another company for which you work. For example, we may provide information to your employer about your usage of our Services in connection with your work for them.
• To Coaches You Link With: If you link your account to a coach who uses our coach dashboard, by entering their invite code in the app, we make personal data available to that coach, such as your first name, email address, check-in results, daily habits, Vitals readings, Discovery Quiz results and a summary of your app activity. If you take our Discovery Quiz through a coach’s link, we share personal data with that coach, such as your first name, email address and quiz results. While you have an active membership, you can unlink your account in the app’s Settings, and at any time you can email us at support@neurofit.app and we will remove the link.
• To Other Customers and the General Public: We may make available personal data you post on our social media pages with certain or all other NEUROFIT users, or the general public, based on the applicable privacy settings and intended recipients. Keep in mind that the users who view user-generated content can always reshare or redistribute the content both on and off our Services or save or copy the content outside of our Services. In addition, by publicly posting content on our Services, you are directing us to disclose that information as broadly as possible and directing those accessing the content to do the same.
• To Marketing Providers: We coordinate and share personal data with our marketing providers in order to advertise and communicate with you about the Services we make available.
• To Service Providers: We engage other third parties to perform certain services on our behalf in connection with the uses of personal data described in the sections above. Depending on the applicable services, these service providers may process personal data on our behalf or have access to personal data while performing services on our behalf. For example, we use Amazon Bedrock, a platform that hosts models from providers such as Anthropic, to generate CLEAR's responses, and OpenAI to screen messages for safety and to support CLEAR's memory of your past sessions.
• To Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information automatically from your browser or device when you visit our websites and other services through the use of cookies and related technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research
• In Connection with a Business Transaction or Reorganization: We may take part in or be involved with a business transaction or reorganization, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose, transfer, or assign personal data to a third party during negotiation of, in connection with, or as an asset in such a business transaction or reorganization. Also, in the unlikely event of our bankruptcy, receivership, or insolvency, your personal data may be disclosed, transferred, or assigned to third parties in connection with the proceedings or disposition of our assets.
• To Facilitate Legal Obligations and Rights: We may disclose personal data to third parties, such as legal advisors and law enforcement:
• in connection with the establishment, exercise, or defense of legal claims;
• to comply with laws or to respond to lawful requests and legal process;
• to protect our rights and property and the rights and property of our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
• to detect, suppress, or prevent fraud;
• to reduce credit risk and collect debts owed to us;
• to protect the health and safety of us, our customers, or any person; or
• as otherwise required by applicable law.
• With Your Consent or Direction: We may disclose your personal data to certain other third parties or publicly with your consent or direction. For example, with your permission, we may post your testimonial on our websites.

Your Privacy Choices

The following privacy choices are made available to all individuals with whom we interact. You may also have additional choices regarding your personal data depending on your location or residency. Please refer to our Region-Specific Disclosures below for information about additional privacy choices that may be available to you.

Communication Preferences

• Email Communication Preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in any of our email communications. Please note you cannot opt-out of service-related email communications (such as account verification, transaction confirmation, or service update emails).
• Push Notification Preferences: You can stop receiving push notifications from us by changing your preferences in your device’s notification settings menu or in the applicable service-specific application. Please note we do not have any control over your device’s notifications settings and are not responsible if they do not function as intended.

Withdrawing Your Consent

Where we have your consent for the processing of your personal data (e.g., when you opt in to receive certain types of marketing communications from us), you may withdraw your consent by following the instructions provided when your consent was requested or by contacting us as set forth in the Contact Us section below.

Automatic Data Collection Preferences

You may be able to utilize third-party tools and features to further restrict our use of automatic data collection technologies. For example, (i) most browsers allow you to change browser settings to limit automatic data collection technologies on websites, (ii) most email providers allow you to prevent the automatic downloading of images in emails that may contain automatic data collection technologies, and (iii) many devices allow you to change your device settings to limit automatic data collection technologies for device applications. Please note that blocking automatic data collection technologies through third-party tools and features may negatively impact your experience using our Services, as some features and offerings may not work properly or at all. Depending on the third-party tool or feature you use, you may not be able to block all automatic data collection technologies, or you may need to update your preferences on multiple devices or browsers. We do not have any control over these third-party tools and features and are not responsible if they do not function as intended.

Targeted Advertising Preferences

For regions outside the EEA, UK, and Switzerland, we engage third parties to help us facilitate targeted advertising on our website designed to show you personalized ads based on predictions of your preferences and interests developed using personal data we maintain and personal data our third-party partners obtain from your activity over time and across nonaffiliated websites and other services. The data we and our third-party partners use for purposes of facilitating targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research, are primarily collected through the use of a variety of automatic data collection technologies, including cookies, web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help link the personal data we and our third-party partners collect to the same person or otherwise target advertising to an individual on a third-party website or platform.

In addition to taking the steps set forth in the Automatic Data Collection Preferences section above, you may be able to further exercise control over the advertisements that you see by leveraging one or more targeted advertising opt-out programs. For example:

• Device-Specific Opt-Out Programs: Certain devices provide individuals with the option to turn off targeted advertising for the entire device (such as Apple devices through their App Tracking Transparency framework or Android devices through their opt out of ads personalization feature). Please refer to your device manufacturer’s user guides for additional information about implementing any available device-specific targeted advertising opt-outs.
• Digital Advertising Alliance: The Digital Advertising Alliance allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://optout.aboutads.info/?c=2&lang=EN for browser-based advertising and https://www.youradchoices.com/appchoices for app-based advertising to opt out of targeted advertising carried out by our third-party partners and other third parties that participate in the Digital Advertising Alliance’s self-regulatory program.
• European Interactive Digital Advertising Alliance: The European Interactive Digital Advertising Alliance similarly allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://www.youronlinechoices.eu to opt out of browser-based targeted advertising carried out by our third-party partners and other third parties that participate in the European Interactive Digital Advertising Alliance’s program.
• Network Advertising Initiative: The Network Advertising Initiative similarly allows individuals to opt out of receiving online interest-based targeted advertisements from companies that participate in their program. Please follow the instructions at https://optout.networkadvertising.org/?c=1 to opt out of browser-based targeted advertising carried out by our third-party partners and other third parties that participate in the Network Advertising Initiative’s self-regulatory program.
• Platform-Specific Opt-Out Programs: Certain third-party platforms provide individuals with the option to turn off targeted advertising for the entire platform (such as certain social media platforms). Please refer to your platform provider’s user guides for additional information about implementing any available platform-specific targeted advertising opt-outs.

Please note that when you opt out of receiving interest-based advertisements through one of these programs, this does not mean you will no longer see advertisements from us or on our Services. Instead, it means that the online ads you do see from relevant program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, program participants may still use automatic data collection technologies to collect information about your use of our Services, including for analytics and fraud prevention as well as any other purpose permitted under the applicable advertising industry program.

Modifying or Deleting Your Personal Data

If you have any questions about reviewing, modifying, or deleting your personal data, you can contact us directly at support@neurofit.app. We may not be able to modify or delete your personal data in all circumstances.

Partner-Specific Preferences

Certain of our third-party providers and partners offer additional ways that you may exercise control over your personal data, or automatically impose limitations on the way we can use personal data in connection with the services they provide:

• Device-Specific / Platform-Specific Preferences: The device and/or platform you use to interact with us (such as your mobile device or social media provider), may provide you with additional choices with regard to the data you choose to share with us. For example, many mobile devices allow you to change your device permissions to prevent our Services from accessing certain types of information from your device (such as your contact lists or precise geolocation data), and many social media platforms allow you to change your platform permissions to prevent integrated Services from accessing certain types of information connected with your profile. Please refer to your device or platform provider’s user guides for additional information about implementing any available platform-specific targeted advertising opt-outs.

Children’s Personal Data

Our services are not directed to, and we do not intend to, or knowingly, collect or solicit personal data from children under the age of 18. If an individual is under the age of 18, they should not use our services or otherwise provide us with any personal data either directly or by other means. If a child under the age of 18 has provided personal data to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal data from our systems. If we learn that any personal data we collect has been provided by a child under the age of 18, we will promptly delete that personal data.

Security of Personal Data

We have implemented reasonable physical, technical, and organizational safeguards that are designed to protect your personal data. However, despite these controls, we cannot completely ensure or warrant the security of your personal data.

Retention of Personal Data

We will usually retain the personal data we collect about you for no longer than reasonably necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain personal data for longer periods of time as required under applicable law or as needed to resolve disputes or protect our legal rights.

To determine the appropriate duration of the retention of personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of personal data and if we can attain our objectives by other means, as well as our legal, regulatory, tax, accounting, and other applicable obligations.

Once retention of the personal data is no longer reasonably necessary for the purposes outlined above, we will either delete or deidentify the personal data or, if that is not possible (for example, because personal data has been stored in backup archives), we will securely store the personal data and isolate it from further active processing until deletion or deidentification is possible.

Third-Party Websites and Services

Our services may include links to third-party websites, plug-ins, applications and other services. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to any personal data practices of third parties. To learn about the personal data practices of third parties, please visit their respective privacy notices.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal data about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

• United States: If you are a resident of the United States, please click here for additional U.S.-specific privacy disclosures, including a description of the personal data rights made available to residents of certain states under applicable law.
• European Economic Area, United Kingdom or Switzerland: If you are located in the European Economic Area (Member States of the European Union together with Iceland, Norway, and Liechtenstein), the United Kingdom, or Switzerland, please click here for additional European-specific privacy disclosures, including a description of the personal data rights made available to individuals located in those jurisdictions under applicable law.

Updates to This Privacy Notice

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our other platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact Us

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please email us at support@neurofit.app.

ADDITIONAL UNITED STATES PRIVACY DISCLOSURES

These disclosures supplement the information contained in our Privacy Notice by providing additional information about the privacy rights available to individual residents of certain states in the United States and our personal data processing practices relating to those individuals. For a detailed description of how we collect, use, disclose, and otherwise process personal data, please read our Privacy Notice.

Nevada Residents

If you are a resident of the state of Nevada in the United States, you have the right to opt out of the sale of your personal data. Although we do not currently sell personal data of Nevada residents (as defined under Nevada law), you may submit a request to opt-out of the sale of your personal data by emailing us at support@neurofit.app

California Residents

California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal data to third parties for their direct marketing purposes. It is company policy that we do not disclose personal data to third parties for their direct marketing purposes if a consumer has opted out. To opt out of having your personal data disclosed to third parties for their direct marketing purposes, please email us at support@neurofit.app.

Connecticut Residents

If you are a resident of the state of Connecticut in the United States, the following supplementary disclosures apply to you.

Personal Data Disclosures, Sales and Targeted Advertising

We disclose all of the categories of personal data we collect to the categories of recipients set forth in the Our Disclosure of Personal Data section of our Privacy Notice. Our disclosure of personal data to the following categories of third parties qualifies as the sale of personal data or the sharing or processing of personal data for the purpose of displaying advertisements that are selected based on personal data obtained or inferred over time from an individual’s activities across businesses or distinctly-branded websites, applications, or other services (otherwise known as “targeted advertising” or “cross-context behavioral advertising”) under certain privacy laws:

• Ad Networks and Advertising Partners. We only engage in targeted advertising on our website and not on our app.

Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to limit or opt-out of the sale of personal data or the processing of personal data for purposes of targeted advertising (as described in the Your Additional U.S. Privacy Choices section below).

Sensitive Personal Data

The following personal data elements we collect may be classified as “sensitive” under certain privacy laws:

• Health data

We only use or disclose sensitive personal data where reasonably necessary and proportionate for the purposes of providing products and performing services you have requested, verifying and improving the Services we provide, detecting security incidents, fraud, and other illegal actions, ensuring the physical safety of natural persons, performing services on behalf of the business, or short-term transient use. We only collect and process sensitive personal data without the purpose of inferring characteristics about the relevant individual, and we do not sell sensitive personal data or process or otherwise share sensitive personal data for the purpose of targeted advertising.

Deidentified Information

We may at times receive, or process personal data to create, deidentified information that can no longer reasonably be used to infer information about, or otherwise be linked to, a particular individual or household. Where we maintain deidentified information, we will maintain and use the information in deidentified form and not attempt to reidentify the information except as required or permitted by law.

Automated Decision-Making and Profiling

We do not conduct automated processing of personal data for the purposes of evaluating, analyzing, or predicting an individual’s personal aspects in furtherance of decisions that produce legal or similarly significant effects. As a result, we do not provide a right to exercise control over such forms of automated decision-making and profiling.

Your Additional U.S. Privacy Choices

Depending on your state of residency and subject to certain legal limitations and exceptions, you may be able to exercise some or all of the following rights:

• Right to Know: The right to confirm whether we are processing personal data about you.
• Right to Access & Portability: The right to obtain access to the personal data we have collected about you and, where required by law, the right to obtain a copy of the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
• Right to Correction: The right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of the personal data.
• Right to Control Over Sensitive Personal Data: The right to exercise control over our collection and processing of certain sensitive personal data.
• Right to Opt-Out of Targeted Advertising: The right to direct us not to use or share personal data for certain targeted advertising purposes.
• Right to Opt-Out of Sales: The right to direct us not to sell personal data to third parties.
• Right to Deletion: The right to have us delete personal data we maintain about you.

Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

Submitting Privacy Rights Requests

Please submit a request specifying the right you wish to exercise by emailing us at support@neurofit.app.

Before processing your request to exercise certain rights (including the Right to Know, Access & Portability, Correction, and Deletion), we will need to verify your identity and confirm you are a resident of a state that offers the requested right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests to include first name, email address, state of residency and/or the date of your last transaction with us.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or where you are not a resident of one of the eligible states.

Submitting Authorized Agent Requests

In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above where we can verify the authorized agent’s authority to act on your behalf. In order to verify the authorized agent’s authority, we generally require evidence of either (i) a valid power of attorney or (ii) a signed letter containing your name and contact information, the name and contact information of the authorized agent, and a statement of authorization for the request. Depending on the evidence provided and your state of residency, we may still need to separately reach out to you to confirm the authorized agent has permission to act on your behalf and to verify your identity in connection with the request.

Appealing Privacy Rights Decisions

Depending on your state of residency, you may be able to appeal a decision we have made in connection with your privacy rights request. All appeal requests should be submitted by replying to the communication resolving your original request.

EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AND SWITZERLAND PRIVACY NOTICE

This European Economic Area, United Kingdom, and Switzerland Privacy Notice (this “GDPR Privacy Notice”) is included in our Privacy Policy and applies to NEUROFIT’s processing of data that relates to identified or identifiable individuals who access our Services or otherwise interact with us from the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland, (“Personal Data”).

Any capitalized terms or other terms not defined herein shall have the meaning ascribed to them in the Privacy Notice or, if not defined herein or in the Privacy Notice, under applicable law (such as the GDPR or UK GDPR).

Who is responsible for your Personal Data?

EEA, UK, and Swiss Controller

Xama Technologies, Inc. d/b/a NEUROFIT, with registered address of 18921 Portola Dr., Suite E, Salinas, CA 93908-1296 (“NEUROFIT”/"we"/"us"), is the data controller responsible for the processing of Personal Data as set out in this GDPR Privacy Notice. This means that NEUROFIT determines and is responsible for how your Personal Data is used. You may contact NEUROFIT by email at support@neurofit.app or write to us at the address set out above.

EEA, UK, and Swiss Representatives

We have appointed the following parties to act as our representatives in the EEA, UK, and Switzerland:

• EEA Representative: Prighter EU Rep GmbH, Schellinggasse 3, 1010 Vienna, Austria. Contact: https://app.prighter.com/portal/13347520918
• UK Representative: Prighter Ltd. Contact: https://app.prighter.com/portal/13347520918
• Swiss Representative: Prighter CH GmbH, Obergrundstrasse 17, 6003 Luzern, Switzerland. Contact: https://app.prighter.com/portal/13347520918

If you choose to contact our EEA, UK, or Swiss representatives, please ensure you reference “Xama Technologies, Inc. d/b/a NEUROFIT” in any correspondence you send them.

Additional Questions or Complaints

If you have a concern about our processing of Personal Data, you have the right to lodge a complaint with the Data Protection Authority where you reside, where you work, or where an alleged violation of the law has occurred. Contact details for applicable Data Protection Authorities can be found using the links below:

• European Economic Area: https://www.edpb.europa.eu/about-edpb/our-members_en
• United Kingdom: https://ico.org.uk/global/contact-us/
• Switzerland: https://www.edoeb.admin.ch/en/contact-2

We would, however, appreciate the chance to handle your concerns directly prior to a complaint being filed, so please contact us directly at support@neurofit.app if you have any concerns.

Purposes and Legal Bases of Processing

We have set out the categories of Personal Data we collect and how we use them in detail below. When we ask you to provide Personal Data, we will indicate whether that information is mandatory or optional. If you choose not to provide any Personal Data marked as mandatory, we may not be able to provide our Services to you.

In certain circumstances, we may collect Personal Data from the third parties referred to in the section Personal Data from Other Sources and Third Parties, and share it with the third parties referred to in the Our Disclosure of Personal Data section, above.

Please note that we process your Personal Data as a controller only to the extent that your data is personal and relates to you as an individual (i.e. non-corporate) person.

Personal Data submitted directly to us

Personal Data we create/generate

We will also generate and create inferences and analysis in connection with the Personal Data we collect as set out below.

Personal Data we collect automatically

We automatically collect Personal Data about how you access and use our Services, including the device you use to access the Services.

We may link or combine the Personal Data we collect about you with the data we collect automatically. This allows us to provide you with a personalized experience, regardless of how you interact with us.

We may anonymise and aggregate any of the Personal Data we collect (so that it does not directly identify you). We may use anonymised information for purposes that include testing out IT systems, research, data analysis, improving the services, and developing new services and features. We may also share such anonymized and aggregated data with others.

We typically collect Personal Data automatically within the app through a variety of tracking technologies, including cookies and similar tracking technologies. For information about how to opt out, please review the analytics option in the app’s Settings.

Cookies and Other Tracking Technologies

We will use automatic data collection technologies (including cookies) in connection with our app. For all but essential automatic data collection technologies, we only process your Personal Data in this way to the extent that you have given us your consent to do so. To withdraw your consent to our use of non-essential automatic data collection technologies please refer to the in-app analytics consent contained in your Settings and adjust your preferences accordingly. In addition, you may follow the other steps set forth in the Automatic Data Collection Preferences and Targeted Advertising Preferences section of this Privacy Notice above to exercise control over automatic data collection technologies.

Automated Decision-Making and Profiling

We do not subject you to decisions based solely on automated processing of personal data, including profiling, which produce legal effects or similarly significant effects concerning you.

Retention of Personal Data

We will usually retain the Personal Data we collect about you for no longer than reasonably necessary to fulfil the purposes for which it was collected, and in accordance with our legitimate business interests and applicable law. However, if necessary, we may retain Personal Data for longer periods of time as required under applicable law or as needed to resolve disputes or protect our legal rights.

The criteria used to determine the period of time for which Personal Data about you will be retained varies depending on the legal basis under which we process your Personal Data:

• Contract: Where we are processing Personal Data based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.
• Legitimate Interest: Where we are processing Personal Data based on legitimate interests, we generally will retain the information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects.
• Legal Obligation: Where we are processing Personal Data based on a legal obligation, we generally will retain the information for the period of time necessary to fulfill the legal obligation plus some additional limited period of time that represents the statute of limitations for legal claims that could arise from the legal obligation.
• Consent: Where we are processing Personal Data based on your consent, we generally will retain the information for the period of time necessary to fulfill the purposes for which you have provided your consent.

In certain circumstances, we may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved. In all cases, in addition to the purposes and legal bases identified above, we consider the amount, nature and sensitivity of Personal Data, as well as the potential risk of harm from unauthorized use or disclosure of Personal Data, in determining the relevant retention period.

Once retention of the Personal Data is no longer reasonably necessary for the purposes outlined above, we will either delete or anonymize the Personal Data or, if that is not possible (for example, because Personal Data has been stored in backup archives), we will securely store the Personal Data and isolate it from further active processing until deletion or anonymization is possible.

International Transfers of Personal Data

The Personal Data we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers and partners have operations. Your Personal Data may be processed outside of the UK, Switzerland or EEA, including in the United States. We will ensure that these international transfers of your Personal Data are made pursuant to appropriate safeguards, such as:

• transfer to countries recognized under the UK Data Protection Act 2018 or by the UK Secretary of State, Swiss Council or the European Commission (as applicable) as offering an equivalent level of protection as compared to the level of protection in the country you are located; or
• transfer to organizations holding a certification to the EU-U.S. and Swiss-U.S. Data Privacy Framework and UK Extension (“Data Privacy Framework”) (a framework designed by the U.S. Department of Commerce and the European Commission (and Swiss Council and UK Secretary of State) to ensure adequate protection for personal information transferred to a company participating in the Data Privacy Framework); or
• transfer to a third party with whom we have entered into “standard contractual clauses”, which are recognized as offering adequate protection for the rights and freedoms of data subject, as adopted under the UK Data Protection Act 2018 or by the Swiss data protection regulator (FDPIC) or the European Commission (as applicable).

We may transfer your Personal Data to, or store your Personal Data in, the following countries:

We will take appropriate steps to ensure that your Personal Data is treated securely and in accordance with applicable law and this Privacy Notice regardless of where it is processed. If you wish to enquire further about the safeguards we use, please contact us using the details set out at the beginning of this section.

Rights in relation to your Personal Data

Subject to certain limitations at law, you may be able to exercise the following rights:

• Right to Access: The right to obtain confirmation of whether we are processing Personal Data about you, and access to and a copy of the Personal Data we are processing about you.
• Right of Portability: The right to obtain a copy of the Personal Data we have collected about you in a structured, commonly used, and machine-readable format, and the right to transmit that Personal Data to another controller without hindrance.
• Right to Rectification: The right to correct or update any Personal Data about you that is inaccurate or incomplete.
• Right to Restriction of Processing: The right to require us to limit the purposes for which we process your Personal Data if the continued processing of the Personal Data in this way is not justified, such as where the accuracy of the Personal Data is contested by you.
• Right to Object to Processing: The right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Data, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.
• Right to Withdraw Consent: The right to withdraw your previously provided consent to our processing of your Personal Data. Please note that withdrawing your consent will not affect the lawfulness of our use of your Personal Data before your consent was withdrawn, nor our processing of Personal Data pursuant to a different lawful basis for processing.
• Right to Erasure: The right to have us erase your Personal Data if the continued processing of that Personal Data is not otherwise justified.

Please note that if the exercise of these rights limits our ability to process Personal Data, we may not be able to provide our Services to you or otherwise engage with you in the same manner.

You also have the right to lodge a complaint to your national data protection authority.

If you are in the UK, the relevant authority is the Information Commissioner's Office – please visit here for more information. In the UK, you also have the right to lodge a complaint with us directly. Please contact us using the details set out above should you wish to make a complaint.

If you are in the EEA, further information about how to contact your local data protection authority is available here.

If you are in Switzerland, the relevant authority is the FDPIC – please visit here for more information.

Submitting Privacy Rights Requests

Please submit a request specifying the right you wish to exercise by emailing us at support@neurofit.app

You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to the features of the services, technical and security notices).

Before processing your request to exercise certain rights (taking into account the confidential nature of any Personal Data we maintain), we will need to verify your identity and confirm you are accessing our Services or otherwise interacting with us from the EEA, UK, or Switzerland. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. As a result, we require requests to include first name, email address, country of residency and/or the date of your last transaction with us.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity as needed to protect your Personal Data or locate your information in our systems, or where you are not accessing our Services or otherwise interacting with us from the EEA, UK, or Switzerland.

Previous versions: Privacy Policy, effective August 29, 2026 · Cookies Policy, effective August 31, 2022

Terms of Service

Xama Technologies, Inc. dba NEUROFIT

Effective Date: December 7, 2026

Welcome to NEUROFIT!

These Terms of Service (these “Terms”) describe the terms and conditions by which you may access and/or use the website(s), including https://neurofit.app/, the companion web applications for use on a desktop and mobile applications for Apple and/or Google (as each of those terms is defined below) devices (collectively, the “Apps”), and any and all related software, documentation, and online, mobile-enabled, and/or digital services (collectively, the “Service”) provided by Xama Technologies, Inc. dba NEUROFIT (including its successors and assigns, “NEUROFIT,” “we,” “our,” or “us”).

By accessing and/or using the Service, you’re agreeing to these Terms and acknowledging that you have read and understood our Privacy Notice which is incorporated herein by reference. If you don’t agree to these Terms, you may not use the Service. We reserve the right to modify these Terms, as described below. These Terms apply to all visitors and users of the Service, and to all others who access the Service (collectively, “Users,” and, as applicable to you, “you” or “your”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 16.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 16.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

Do Not Use in an Emergency. IF YOU HAVE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. NEITHER NEUROFIT NOR THE SERVICE ARE DESIGNED FOR OR INTENDED FOR EMERGENCY USE.

1. How We Administer the Service

1.1 Eligibility. This is a contract between you and NEUROFIT. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction). The Service is not available to any Users we previously removed from the Service.

1.2 User Accounts

(a) Your User Account; Suspension and Termination. Your account on the Service (your “User Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability and for any or no reason, including if you violate any provision of these Terms. Additionally, you may de-activate your User Account at any time. We may, with or without prior notice, change or stop providing the Service, to you or to Users generally, or create usage limits for the Service.

(b) Organizational Accounts. An individual may access and/or use the Service on behalf of a company or other entity, such as that individual’s employer (such entity, an “Organization”). In such cases, notwithstanding anything to the contrary herein: (a) these Terms are an agreement between (i) us and such individual and (ii) us and that Organization; (b) “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means (i) such individual and (ii) the Organization, on behalf of the Organization and its subsidiaries and affiliates, and its and their respective directors, officers, employees, contractors, agents, and other representatives who access and/or use the Service (collectively, “Org Users”); and “your” has the corresponding meanings; (c) such individual represents and warrants to having the authority to bind that Organization to these Terms (and, in the absence of such authority, such individual may not access, nor use, the Service); (d) such individual’s acceptance of these Terms will bind that Organization to these Terms; (e) we may disclose information regarding such individual and such individual’s access to and use of the Service to that Organization; (f) such individual’s right to access and use the Service may be suspended or terminated (and the administration of the applicable User Account may be transferred) if such individual ceases to be associated with, or ceases to use an email address associated with or provisioned by, that Organization; (g) that Organization will make all Org Users aware of these Terms’ provisions, as applicable to such Org Users, and will cause each Org User to comply with such provisions; and (h) that Organization will be solely responsible and liable for all acts and omissions of the Org Users, and any act or omission by any Org User that would constitute a breach of these Terms had it been taken by that Organization will be deemed a breach of these Terms by that Organization. Without limiting the generality of the foregoing, if an individual opens a User Account using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with such individual’s access to or use of the Service (or reimburses such individual for payment of such fees), then we may, in our sole discretion, deem such individual to be accessing and using the Service on behalf of that Organization.

(c) Separate Agreement with an Organization. In the event that an Organization has entered into a separate signed agreement in respect of the Service or an App, such separate signed agreement (“Organizational Agreement”) shall control and shall govern the relationship among NEUROFIT, the Organization and you, and these Terms shall be superseded by such Organizational Agreement. If your Organization has entered into an Organizational Agreement, you agree to use the Service and any App in accordance with such Organizational Agreement.

(d) Account Security. You may never use another User’s User Account without such User’s permission. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure and private, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.

(e) Account Settings. You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices. If we send you marketing-related emails, you may opt out of receiving them or change your preferences by clicking on the “unsubscribe” link within a marketing email, as further discussed in the Privacy Notice. Opting out will not prevent you from receiving Service-related notices.

2. Access to the Service; Service Restrictions

2.1 Access to the Service. Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your internal, personal, non-commercial use, as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Notwithstanding anything to the contrary herein, certain portions of the Service may be available only during the Subscription Term(s) (as defined below), as further described in Section 7.4 (Subscription Plans).

2.2 Restrictions and Acceptable Use. Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not enable any third party to do, any of the following:

(a) disassemble, reverse engineer, decode, or decompile any part of the Service or license or resell or modify any part of the Service;

(b) use any automated or non-automated means to access the Service for “scraping” (except that public search engines may use spiders to create searchable indices of public materials, only as specified in the robots.txt file);

(c) use any content available on or via the Service (including, without limitation, Outputs and any caption information, keywords, or other metadata) for any artificial intelligence, machine learning, and/or neural network algorithm training or development purposes, or for any technologies designed or intended for the identification of natural persons;

(d) use the Service in any manner that impacts the stability of the servers or the operation or performance of the Service or any User’s use of the Service;

(e) copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our intellectual property;

(f) use the Service in any manner that (i) violates any Applicable Laws, including any Applicable Laws pertaining to the security, confidentiality, and protection of medical records, personally identifying information, Protected Health Information (as defined at 45 C.F.R. § 160.103) (“PHI”), and sensitive health information, (ii) violates any contractual obligation or right of any person, (iii) is fraudulent, false, deceptive, or defamatory, (iv) promotes hatred, violence, or harm against any person, or (v) otherwise may be harmful or objectionable to us or any other third party;

(g) use the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;

(h) bypass the measures we may use to prevent or restrict access to the Service;

(i) use the Service to transmit spam or other unsolicited email (and we may immediately remove any content that we believe to be spam) or use the Service for commercial solicitation;

(j) access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;

(k) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;

(l) transmit invalid data, viruses, worms, or other software agents through the Service;

(m) collect or harvest any personal information from the Service; or

(n) refer to us or to the Service in a manner that could imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our consent.

3. No Medical Advice

NEUROFIT is a provider of online and mobile nervous system fitness content in the health and wellness space. We are not a healthcare or medical device provider, nor should the Service or any information contained on or through the Service be considered medical advice. You acknowledge that the information made available through the Service does not create a medical professional, therapist-patient or any other patient relationship between NEUROFIT and you or any individual, and such information does not constitute any professional opinion, medical advice, diagnosis, or treatment by NEUROFIT. No part of the Service or information provided through the Service by NEUROFIT are intended as a substitute for, nor do they replace, any professional advice, diagnosis, or treatment. You should always consult a physician before making any changes to your sleep or activity based on information provided through the Services, or if you have any questions regarding a medical or mental health condition. NEUROFIT is not responsible for any health problems that may result from information you learn about through the Services. If you make any change to your sleep or activity based on the Services, you agree that you do so fully at your own risk, and if you feel unexpected, repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep or activity, it is recommended that you consult a physician before continuing with such changes. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

4. AI Coaching Feature

The Service may include CLEAR, an artificial intelligence (“AI”) coaching feature. CLEAR is an AI system, not a human, and is not a licensed therapist, counselor, physician, or other healthcare professional. CLEAR’s responses are generated automatically and, like all AI-generated content, may be inaccurate, incomplete, or unsuitable for your circumstances. The disclaimers in these Terms regarding the accuracy of content (including Section 6.2 (Generated Content)) apply fully to AI-generated content, including any and all CLEAR responses. CLEAR provides wellness coaching and educational support only; it does not provide medical or mental health advice, diagnosis, treatment, or therapy, and CLEAR is not a crisis service. If you are experiencing a medical or mental health emergency, call 911 (or your local emergency number), or call or text the 988 Suicide & Crisis Lifeline in the United States.

5. User Content

5.1 As between us and you, you (or your licensors) will own any and all information, data, and other content that is received by us from you through the Service (“User Content”).

5.2 We claim no ownership rights over User Content, and, as between you and us, all User Content that is submitted, posted, displayed, provided, shared, or otherwise made available on or via the Service by you is and will remain yours. We have the right (but not the obligation) in our sole discretion to remove any of your User Content that is shared via the Service. You hereby grant, and you represent and warrant that you have all rights necessary to grant, to us, under all of your intellectual property rights, a non-exclusive and royalty-free right and license to use, copy, store, modify, distribute, reproduce, publish, list, make derivative works of, and display your User Content and Output: (i) to maintain and provide the Service; (ii) to improve our products and the Service and for our other research and business purposes, which may include training and improving artificial intelligence/machine learning models and technologies; and (iii) to perform such other actions as described in our Privacy Notice or as authorized by you under these Terms or in connection with your use of the Service.

5.3 You affirm, represent, and warrant the following: (a) you have obtained, and are solely responsible for obtaining, all consents required by Applicable Law to provide User Content relating to third parties; (b) your User Content and Output and our use thereof as contemplated by these Terms and the Service will not violate any Applicable Law or infringe any rights of any third party, including, but not limited to, any intellectual property rights, privacy rights, and confidentiality rights; (c) you will not upload or make available through the Service, either directly or by other means, any personal information of minors under 18; and (d) your User Content does not include sexually suggestive content; hate speech or direct attacks on an individual or group; content that is abusive, harassing, defamatory, vulgar, libelous, or invasive of another’s privacy; sexist or racially, ethnically, or otherwise discriminatory content; content that contains self-harm or excessive violence; impostor profiles; content in furtherance of harmful or illegal activities; malicious programs or code; any person’s personal information without such person’s consent; spam messages; and/or otherwise objectionable content.

5.4 WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF SUBMITTING, POSTING, DISPLAYING, PROVIDING, SHARING, OR OTHERWISE MAKING IT AVAILABLE ON OR THROUGH THE SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICE MAY EXPOSE YOU TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY CONTENT ACCESSED ON OR THROUGH THE SERVICE.

6. Intellectual Property

6.1 NEUROFIT Intellectual Property. You understand and acknowledge that we (or our licensors, as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Service (including, without limitation, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music; but, excluding your User Content), all materials and content displayed or otherwise made available on and/or through the Service (excluding your User Content), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service. Use of any NEUROFIT intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.

6.2 Generated Content. You may be allowed to submit text, documents, images, and other materials to the Services for processing (“Input”), and receive output from the Services based on the Input (“Output”). You hereby grant NEUROFIT a non-exclusive, non-sublicensable, non-transferable right to access and use the Inputs for the purposes of providing the Service, including the generation of Outputs.

THE SERVICE INCLUDES FEATURES AND FUNCTIONALITIES SUPPORTED BY ARTIFICIAL INTELLIGENCE (AI) TECHNOLOGIES. WHILE EFFORTS HAVE BEEN MADE TO ENSURE THE QUALITY AND RELIABILITY OF THE SERVICE, THERE MAY BE LIMITATIONS, INACCURACIES, OR BIASES PRESENT, WHICH ARE BEYOND THE REASONABLE CONTROL OF NEUROFIT. DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICE MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICE MAY RESULT IN INCORRECT OUTPUT. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT NEUROFIT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICE. ALL OUTPUT IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND.

6.3 Usage Data. We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof in accordance with our Privacy Notice and for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features, which may include training and improving artificial intelligence/machine learning models and technologies; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified and aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Service.

6.4 Open Source Software. Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

6.5 Feedback. To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other NEUROFIT products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback, without providing any attribution or compensation to you or to any third party. Feedback shall be considered our Confidential Information (as defined below).

7. Payments, Billing, and Subscription Plans

7.1 Billing Policies; Taxes. Certain aspects of the Service may be provided for free, while certain other aspects of the Service and/or products available on the Service may be provided for a fee or other charge (“Fee”). Each Fee (including each Subscription Fee (as defined below)) is the sum of the applicable NEUROFIT Fee (as defined below) and any applicable Third-Party Fees (as defined below). By electing to use non-free aspects of the Service, including enrolling in Subscription(s) (as defined below), you agree to the pricing and payment terms in this Section 7 as well as any third-party terms (including the terms of any Payment Processor, as defined below) applicable to your purchase of the Services. We may add new products and/or services for additional Fees, add or amend Fees for existing products and/or services, and/or discontinue offering any Subscriptions at any time, in our sole discretion; provided, however, that if we have agreed to a specific Subscription Term and a corresponding Subscription Fee, then that Subscription will remain in force for that Subscription Fee during that Subscription Term. Except as may be expressly stated in these Terms or, if you make a purchase through the Apple App Store or Google Play, the applicable app store’s terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms or any applicable app store terms), and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, and withholding taxes, assessable by any jurisdiction (collectively, but, for clarity, excluding taxes based on our net income, “Taxes”). You will be responsible for paying all Taxes associated with your purchases and/or Subscriptions in connection with the Service.

7.2 Definitions

(a) “NEUROFIT Fee” means the portion of the Fee (including any Subscription Fee) that NEUROFIT may retain as consideration for providing the Service or any portion thereof (including any particular Subscription), as applicable.

(b) “Payment Processor” means the third-party payment processor, which we engage to process payments Users make in connection with the Service, and which may include the Apple App Store and Google Play if you purchase the App through the Apple App Store or Google Play, respectively.

(c) “Subscription” means a particular portion of the Service that is available on an automatically renewing subscription basis, and your access thereto, as applicable.

(d) “Subscription Fee” means the recurring amount due as consideration for a Subscription; a Subscription Fee is one type of Fee.

(e) “Third-Party Fees” means the portion of the Fee (including any Subscription Fee) retained by one (1) or more third parties, including Payment Processor, that we may engage from time to time, in our sole discretion.

7.3 Your Payment Method

(a) General. To use non-free aspects of the Service, you must provide us or Payment Processor with at least one (1) current, valid payment card that is accepted by us and Payment Processor, as applicable (each such card, a “Payment Method”). By providing a Payment Method, you authorize each of NEUROFIT and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including, if applicable, on a recurring basis until you cancel your Subscription (including any notice period specified in Section 7.4(c) (Cancellation Procedures)). Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your User Account or by the applicable Payment Processor. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, if you changed your Subscription plan, or if your Subscription began on a date not contained in a subsequent month. The length of your billing cycle will depend on the type of Subscription in which you are enrolled, if applicable. Fees are fully earned upon payment. We may authorize your Payment Method in anticipation of Service-related charges through various methods, including authorizing it in advance of any renewed Subscription Term with respect to the applicable Subscription Fee.

(b) Third-Party Payment Processor. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain Third-Party Fees whenever you pay Fees (including Subscription Fees). Payment must be received by Payment Processor before our acceptance of an order. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

(c) Payment Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Service, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will not allow or enable anyone else to use your Subscription (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and (vi) you will report to us any unauthorized or prohibited access to or use of your Subscription and/or password(s) or other authentication credentials.

(d) Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD; (II) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES; AND/OR (III) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.

7.4 Subscription Plans

(a) Automatic Renewals. Subscriptions are available on an automatically renewing subscription basis and entail payment of Subscription Fees. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM IDENTIFIED IN YOUR SUBSCRIPTION ORDER FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THAT INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 7.4(C) (INCLUDING ANY NOTICE PERIOD SPECIFIED IN SECTION 7.4(C) (CANCELLATION PROCEDURES)).

(b) Automatic Billing and Policies. When you enroll in a Subscription, you expressly acknowledge and agree that: (i) each of NEUROFIT and Payment Processor is authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your cancellation of such Subscription (including any notice period specified in Section 7.4(c) (Cancellation Procedures)) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to Promotional Offers (as defined below), changes to the Subscription Fee communicated to you in advance, and/or changes in applicable Taxes, and you authorize each of NEUROFIT and Payment Processor to charge your Payment Method the changed amounts.

(c) Cancellation Procedures. To cancel any Subscription ordered through the NEUROFIT website, you must notify us at least three (3) days before the start of the next Subscription Term by using the appropriate functionalities of the Service or otherwise following the cancellation procedures made available to you through the Service. To cancel a Subscription ordered through the Apple App Store or Google Play, you must follow the applicable cancellation instructions available through the Apple App Store or Google Play. You will continue to have access to the Subscription through the end of the then-current Subscription Term. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US (OR THE APPLICABLE PAYMENT PROCESSOR) OF YOUR INTENT TO CANCEL, YOUR SUBSCRIPTION AND THE CORRESPONDING SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE EACH OF NEUROFIT AND PAYMENT PROCESSOR (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE AND ANY APPLICABLE TAXES, USING ANY OF YOUR PAYMENT METHODS.

(d) Cancellation; Refunds. You may de-activate your User Account or any Subscription at any time, in your sole discretion, and we may, subject to Section 7.1 (Billing Policies; Taxes), suspend or terminate your Subscription, your User Account, or the Service at any time, in our sole discretion. HOWEVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT, UNLESS REQUIRED BY APPLICABLE LAW OR OFFERED TO YOU BY THE APPLICABLE PAYMENT PROCESSOR (INCLUDING THE APPLE APP STORE AND GOOGLE PLAY, AS APPLICABLE), YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND OR CREDIT FOR ANY SUCH CANCELLATION, SUSPENSION, OR TERMINATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION, ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION, ANY USAGE OR SUBSCRIPTION FEES FOR ANY PORTION OF THE SERVICE, ANY CONTENT OR DATA ASSOCIATED WITH YOUR USER ACCOUNT, OR ANYTHING ELSE, AND THAT ANY SUCH REFUNDS OR CREDITS MAY BE GRANTED AT OUR SOLE OPTION AND IN OUR SOLE DISCRETION. If you believe you have been improperly charged for a purchase placed through the NEUROFIT website and would like to request a refund, please contact us at support@neurofit.app. If you believe you have been improperly charged for a purchase placed through the Apple App Store or Google Play and would like to request a refund, please follow the instructions available to you through the Apple App Store or Google Play, as applicable.

7.5 Promotional Offers. We may from time to time offer special promotional offers, plans, or memberships (“Promotional Offers”). Promotional Offer eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer in the event that we determine you are not eligible. We may use information such as device ID, method of payment, and/or an email address used in connection with your User Account to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you. You understand and acknowledge that any Promotional Offers, including, without limitation, relating to Subscriptions, are subject to change at any time and from time to time. Free trials or introductory offers made available through the Apple App Store or Google Play are governed by the applicable app store’s terms, including when trials end and billing begins, and when cancellations and refunds are available.

7.6 No Insurance Accepted; Notice of Your Financial Responsibility. With respect to the Services, NEUROFIT is not in-network with any commercial health insurance plans, and is not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you nor NEUROFIT will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Nothing in this Section 7.6 limits your ability to pay for the Services using, or your ability to seek reimbursement from, a health savings account (HSA) or flexible spending account (FSA), where you are eligible to do so under the rules of your account and applicable law.

8. Confidential Information

The Service may include non-public, proprietary, or confidential information of NEUROFIT and/or of other Users (“Confidential Information”). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use to protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under these Terms; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section 8 (Confidential Information). For clarity, nothing in these Terms restricts you from posting honest reviews of the Service.

9. Privacy; Data Security

9.1 Privacy. We care about your privacy. To provide and enhance the Service, we may need to be able to identify you and your interests, and we use your personal data to do this. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.

9.2 Security. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.

10. Additional Terms for Mobile Apps

10.1 General. To use any App, you must have a mobile device that is compatible with such App. NEUROFIT does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider in connection with such App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App(s) under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent the applicable App store platform permits any shared access and/or use of the App), solely in accordance with these Terms. The foregoing license grant is not a sale of any App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any App, except to the extent that such restriction is expressly prohibited by Applicable Law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any App to any third party, or use any App to provide time sharing or similar services for any third party; (c) make any copies of any App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any App, features that prevent or restrict use or copying of any content accessible through any App, or features that enforce limitations on use of the Apps; or (e) delete the copyright or other proprietary rights notices on any App. You acknowledge that we may, from time to time, issue upgraded versions of the Apps, 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 you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into an App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to the Apps (and any copies thereof). Any attempt by you to transfer or delegate 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.

10.2 iOS App. This Section 10.2 (iOS App) applies to any App you acquire from the Apple App Store (such App, “iOS App”). You and NEUROFIT understand and acknowledge that these Terms are solely between you and NEUROFIT, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple’s then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to NEUROFIT as provider of the iOS App. You and NEUROFIT acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. You acknowledge that, in the event of any third-party claim that the iOS App, or your possession and use of that iOS App, infringes that third party’s intellectual property rights, NEUROFIT 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, and Apple shall have no such responsibility. You and NEUROFIT acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, 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 iOS App against you as a third-party beneficiary thereof.

10.3 Android App. The following applies to any App you acquire from the Google Play Store (such App, “Android App”): (a) you acknowledge that these Terms are between you and NEUROFIT only, and not Google LLC or any affiliate thereof (collectively, “Google”); (b) your access to and use of the Android App must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) NEUROFIT, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) you understand and acknowledge that Google is a third-party beneficiary to these Terms as they relate to the Android App.

11. Your Use of Third-Party Services

The service may contain links to third-party sites, materials, and/or services (collectively, “Third-Party Services”) that are not owned or controlled by us, and certain functionalities of the service may require your use of third-party services, to which you are subject to and agree to the third party’s terms and conditions made available via its services. We do not endorse or assume any responsibility for any Third-Party Services. If you access a Third-Party Service from the service or share your User Content or Output on or through any Third-Party Service, you do so at your own risk, and you understand that these terms and our Privacy Notice do not apply to your use of any Third-Party Service. You expressly relieve us from any and all liability arising from your access to and/or use of any Third-Party Service. Additionally, your dealings with, or participation in promotions of, advertisers found on the Service are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

12. Release

You hereby release us from all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses, in each case of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service. In addition, you waive any Applicable Law that says, in substance: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.

13. Indemnity

You will defend, indemnify, and hold us and our subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively, including NEUROFIT, the “NEUROFIT Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from: (a) your access to and/or use of the Service, including your use of Output; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including, without limitation, any privacy right or intellectual property right, including through the use, provision, transmission, display, or storage of User Content and/or Inputs; (d) your violation of any Applicable Law; (e) User Content or any content that is submitted via your User Account, including any Inputs; (f) your willful misconduct; or (g) any third party’s access to and/or use of the Service with your authentication credential(s).

14. No Warranty; Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, ANY INTELLECTUAL PROPERTY, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE NEUROFIT INDEMNITEES WARRANTS THAT ANY CONTENT OR ANY OTHER INFORMATION CONTAINED IN, OR AVAILABLE VIA, THE SERVICE IS ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS SO OBTAINED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) AND/OR FOR LOSS OF DATA THAT RESULTS FROM SAME OR FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.

FURTHER, NEUROFIT DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NEUROFIT WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY NEUROFIT INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN. IN NO EVENT WILL ANY NEUROFIT INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER IN THE PREVIOUS THREE (3)-MONTH PERIOD OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (F) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (G) YOUR DATA, ANY USER CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

16.1 Governing Law. These Terms will be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1–16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in New Castle County, Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that New Castle County, Delaware is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.

16.2 Arbitration Agreement

(a) General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

(b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@neurofit.app with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

(c) Dispute-Resolution Process. For any Claim, you will first contact us at support@neurofit.app and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or New Castle County, Delaware, unless you and NEUROFIT agree otherwise. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

(d) Equitable Relief. NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: (I) PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR (II) PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

(e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

16.3 Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND NEUROFIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS NEUROFIT AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND NEUROFIT AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

17. U.S. Government Restricted Rights

To the extent the Service is being used by or on behalf of the U.S. Government, the Service will be deemed commercial computer software or commercial computer software documentation (as applicable). Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Service as are granted to all other Users hereunder, in accordance with 48 C.F.R. § 227.7202 and 48 C.F.R. § 12.212, as applicable.

18. Export Controls

You understand and acknowledge that the Service may be subject to export control laws and regulations. You will comply with all applicable import and export and re-export control and trade and economic sanctions laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You represent and warrant that you are not, and that no person to whom you make the Service available or that is acting on your behalf, or, if you are an Organization, that no person or entity owning 50% or more of your equity securities or other equivalent voting interests, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by OFAC or by any other governmental entity; or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.

19. DMCA Notice

We respect artists and content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

(a) a signature of a person authorized to act on behalf of the copyright owner;

(b) identification of the copyrighted work that you claim has been infringed;

(c) identification of the material that is claimed to be infringing and its location on the Service;

(d) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

(f) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent, using the following contact information:

UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that the procedure outlined herein is exclusively for notifying NEUROFIT and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with NEUROFIT’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other Applicable Law.

In accordance with the DMCA and other Applicable Law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

20. General Provisions

20.1 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

20.2 Notification Procedures and Changes to These Terms. We may provide notifications to you via email notice or through posting of such notice on the Service, as we determine in our sole discretion. We may modify or update these Terms from time to time, and you should review this page periodically. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.

20.3 Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

20.4 No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

20.5 California Residents. The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

20.6 Contact. If you have any questions about these Terms and/or the Service, please contact us at support@neurofit.app.

Previous version: Terms of Use, effective August 29, 2026

Washington and Nevada Consumer Health Data Privacy Notice

Effective Date: December 7, 2026

This Consumer Health Data Privacy Notice (the “Consumer Health Notice”) supplements the NEUROFIT Privacy Notice and explains how we collect, use, disclose, and otherwise process Consumer Health Data (as defined below) of residents of the state of Washington or Nevada, or individuals whose Consumer Health Data is collected in those states through our Services.

This Consumer Health Notice does not address privacy practices relating to NEUROFIT job applicants, employees, and other personnel. Please note that this Consumer Health Notice is not a contract and does not create any legal rights or obligations not otherwise provided by law.

Our Collection and Use of Consumer Health Data

The term “Consumer Health Data” as used in this Consumer Health Privacy Notice means any personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status as defined in the Washington My Health My Data Act or the Nevada Consumer Health Data Privacy Law (the “Consumer Health Privacy Laws”). The Consumer Health Data we collect depends on the context of your interactions with us and, in most cases, is information that you decide to share with us or which we derive from your finger scan (camera-based readings) with your consent. Consumer Health Data does not include information that is considered deidentified under the Consumer Health Privacy Laws.

Examples of Consumer Health Data that we may collect include:

• Information you share about your health-related conditions, symptoms, experiences, diagnoses, testing, or treatments, including information you choose to share via our AI coach, CLEAR.
• Information we collect from your finger scans, such as physiological signals, and information we derive from such signals, such as estimated heart rate (BPM), heart rate variability, breathing rate, and blood oxygen saturation (SpO2), as well as derived signals such as heart-rhythm statistics and physiology-related indices. From these estimates we also derive and estimate parasympathetic and sympathetic nervous system activity indexes.
• Other information that may be used to infer or derive data related to the above or other health-related information.

We may process and/or use your Consumer Health Data (including with your consent where required by the Consumer Health Privacy Laws) for the following purposes:

• To manage and provide the Services.
• To manage, provide, maintain, and improve our business.
• To respond to your questions, concerns, and other requests for assistance.
• To customize your browsing experience on the Services.
• To create anonymous, aggregated, or de-identified data.

We may also combine your Consumer Health Data with other personal data we collect directly from you or receive from other sources.

Sources of Consumer Health Data

The Consumer Health Data we collect depends on the context of your interactions with our Services and, in most cases, is information that you decide to share with us.

We and our service partners may collect this type of information over time and across third-party websites and mobile applications. For more information, please see the Our Collection and Use of Personal Data section of our Privacy Notice.

Our Disclosure of Consumer Health Data

We may share the categories of Consumer Health Data set forth above as follows:

• To Service Providers: We engage other third parties to perform certain services on our behalf in connection with the uses of Consumer Health Data described in the sections above. Depending on the applicable services, these service providers may process Consumer Health Data on our behalf in order to assist us in providing the Services.
• In relation to Business Transactions: We may take part in or be involved in a business transaction, such as a merger. We may disclose Consumer Health Data to a third-party during the negotiation of or in connection with such a transaction.
• In relation to Legal Obligations and Rights: We may disclose Consumer Health Data to third parties in connection with the establishment, exercise, or defense of legal claims; to comply with laws or to respond to lawful requests and legal processes; to protect our rights and property and the rights and property of others, including to enforce our agreements and policies; to detect, suppress, or prevent fraud; to protect the health and safety of us and others; or as otherwise required by applicable law.
• With Your Consent: We may disclose Consumer Health Data about you to other service providers or publicly with your consent or at your direction. For example, with an individual’s consent or at their direction we may post their testimonial on our Services. If you link your account to a coach, we make Consumer Health Data available to that coach at your direction, such as your check-ins, Vitals readings and quiz results.

Your Privacy Rights

The Consumer Health Privacy Laws provide the following rights with respect to Consumer Health Data we collect about you:

• Right to Access / Confirm: You may have the right to confirm whether we are collecting, sharing, or selling Consumer Health Data about you and with whom we may be disclosing such Consumer Health Data, and to access such data.
• Right to Withdraw Consent: If you have provided your consent for our processing or sharing of your Consumer Health Data, you may have the right to withdraw your consent.
• Right to Delete: You may have the right to request that we delete your Consumer Health Data and that all third parties to whom we have disclosed your Consumer Health Data delete such data.

How to Exercise Your Privacy Rights

To exercise any of the privacy rights set forth above or to review or request changes to data, please submit a request to support@neurofit.app.

Before processing your request, we will need to authenticate your identity. To authenticate your identity, we will generally require matching a minimum amount of information you provide us with the information we maintain about you in our systems. This process may require us to request additional information from you, including, but not limited to, your email address.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to authenticate your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for our decision.

Appealing Privacy Rights Decisions

If your request to exercise a right under the Consumer Health Privacy Laws is denied, you may appeal that decision by contacting us at support@neurofit.app. If the appeal is unsuccessful, you may raise a concern or lodge a complaint with the applicable State Attorney General.

Changes to this Consumer Health Data Privacy Notice

We may update this Consumer Health Notice from time to time. When we make changes to this Consumer Health Notice, we will notify you by changing the date at the beginning of this Consumer Health Notice. If we make material changes to this Consumer Health Notice, we will notify individuals by email to their registered email address, by prominent posting on this website or our other platforms, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise specified.