Terms of Service

Last Updated: October 10, 2026 Effective Date: May 1, 2026

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1. Acceptance of Terms

These Terms of Service ("Terms" or "Agreement") constitute a legally binding contract between you ("you," "your," or "User") and FORMD APP, INC., a Delaware corporation formerly known as FORMD APP LLC, a Florida limited liability company, which converted into FORMD APP, INC. effective October 1, 2026 ("FORMD," "we," "us," or "our"), governing your access to and use of:

• The FORMD mobile application for iOS and Android, and any future versions for other operating systems (the "Mobile App");
• The FORMD website at tryformd.com and any subdomains (the "Website");
• The FORMD Coach Platform, including the coach dashboard at coach.tryformd.com (the "Coach Platform");
• All related APIs, content, features, and services (collectively with the items above, the "Services").

BY CREATING AN ACCOUNT, INSTALLING THE MOBILE APP, ACCESSING THE COACH PLATFORM, OR OTHERWISE USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY, ACCEPTABLE USE POLICY, REFUND POLICY, AND COOKIE POLICY, EACH OF WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to these Terms, you must not access or use the Services.

We may modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date and, where required by law or where the change materially affects your rights, by email to your registered email address at least thirty (30) days before the change takes effect. Your continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.

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2. Definitions

For the purposes of these Terms:

• "Athlete" means an individual end user of the Mobile App who trains for HYROX or related fitness events using FORMD.
• "Athlete Data" means any personal data, fitness data, or User Content created by, uploaded by, or about an Athlete.
• "Coach" means an individual or organization that subscribes to the Coach Platform to manage Athletes.
• "Coach Account" means a paid subscription to the Coach Platform.
• "Coach Customer" or "Customer" means the Coach or Coach's organization that has entered into a Coach Plan.
• "Coach Plan" means a paid subscription to one of the tiers described in Section 11.
• "Connected Athlete" means an Athlete who has accepted an invitation from a Coach and authorized that Coach to access their Athlete Data on the Coach Platform.
• "Content" means any text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, training plans, predictions, and other materials made available through the Services.
• "User Content" means Content submitted, posted, transmitted, or otherwise made available by Users through the Services.
• "Subscription" means a paid subscription to any FORMD plan (consumer or Coach).

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3. Eligibility and Accounts

3.1 Age Requirements

• The Coach Platform is available only to individuals who are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract on their own behalf or on behalf of an organization they are authorized to bind.
• The Mobile App is available to Athletes aged thirteen (13) and older. Athletes between thirteen (13) and the age of majority in their jurisdiction must have verifiable parental or legal guardian consent before creating an account, in accordance with applicable law (including, in the United States, the Children's Online Privacy Protection Act).
• The Web Onboarding Funnel at tryformd.com requires users to be at least eighteen (18) years of age (date-of-birth gate enforced).
• We do not knowingly collect personal data from anyone under the age of thirteen (13). If you believe a person under thirteen (13) has registered, contact privacy@tryformd.com and we will delete the account and associated data promptly.

3.2 Account Registration

You agree to provide accurate, current, and complete information when creating an account, and to keep that information updated. You are responsible for all activity that occurs under your account.

3.3 Account Security

You are solely responsible for safeguarding your account credentials. You agree to:

• Create and maintain a strong, unique password;
• Not share your credentials with any third party (including, for Coaches, with other personnel — see Section 12.4 on seat-sharing);
• Notify us immediately at security@tryformd.com of any actual or suspected unauthorized access;
• Log out at the end of each session on shared or public devices.

We are not liable for losses caused by your failure to safeguard your credentials.

3.4 Authority to Bind

If you accept these Terms on behalf of a company, gym, partnership, sole proprietorship, or other organization, you represent and warrant that you have authority to bind that organization to this Agreement. In that case, "you" refers both to you individually and to the organization.

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4. The Services — General Description

4.1 Mobile App (Athlete-Facing)

The Mobile App provides Athletes with a HYROX training platform that includes AI-generated training plans, race finish-time predictions, station baseline tracking, performance analytics, doubles team collaboration, gamification, optional Apple HealthKit integration, and educational content.

4.2 Coach Platform (Business-Facing)

The Coach Platform provides Coaches with a web dashboard to invite, onboard, and manage Connected Athletes; create and adjust training plans; view Athlete performance and adherence data; communicate with Athletes; and manage their Coach Account billing.

4.3 No Medical Advice

The Services are for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or qualified healthcare provider before starting any new exercise program. Nutrition targets and fueling guidance shown in the Services — whether set by a coach or computed by FORMD — are general recommendations for training purposes only, are not medical or dietetic advice, and are not a substitute for consultation with a physician or registered dietitian. Race predictions and performance estimates are approximations based on available data and are not guarantees of actual performance. See Section 9 (Health and Fitness Disclaimer) for additional terms.

4.4 Modifications to the Services

We may modify, suspend, or discontinue any portion of the Services at any time, with or without notice. Where a discontinuation materially impairs a paid Subscription, the affected User's sole remedy is a pro-rata refund of unused fees, except as expressly stated otherwise in these Terms.

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5. Consumer Subscriptions (Mobile App — FORMD Pro)

5.1 No Free Tier; How Athletes Access the Mobile App

The Mobile App is a premium product. Athletes access the Mobile App through one of two paths only:

• Direct Subscription (FORMD Pro) — Athletes subscribe to FORMD Pro through the Apple App Store (iOS) or Google Play (Android) on the terms in this Section 5; or
• Coach Connection — Athletes accept an invitation from a Coach with an active Subscription and receive complimentary Pro access in the Mobile App for as long as the connection and the Coach's Subscription remain active (see Section 12.12).

If an Athlete is neither a paying FORMD Pro subscriber nor connected to a Coach with an active Subscription, the Athlete will not be able to access training features within the Mobile App.

5.2 FORMD Pro Plans and Billing

FORMD Pro is offered to Athletes in the following plans through the Apple App Store (iOS) and Google Play (Android). Pricing, plan names, and features are also disclosed in-product at the time of purchase.

FORMD Pro is billed and managed through the Apple App Store (iOS) or Google Play (Android), and processed by RevenueCat on our behalf. We do not collect or store payment card data for app store purchases.

5.3 Auto-Renewal

FORMD Pro subscriptions automatically renew at the end of each billing period unless you cancel through your app store subscription settings before the renewal date. We do not have the ability to cancel your App Store or Google Play subscription on your behalf. To cancel on iOS, follow Apple's instructions at https://support.apple.com/en-us/HT202039. To cancel on Android, follow Google's instructions at https://support.google.com/googleplay/answer/7018481.

5.4 Free Trial (Mobile)

Free trials of FORMD Pro are limited to one per Apple ID (iOS) or one per Google account (Android). Unless you cancel before the trial expires, the payment method on file with the applicable app store will be charged for the full subscription fee on the day the trial ends.

The standard free trial is three (3) days. Promotional offers may provide a longer trial than the standard length. Where you redeem a promotional offer code, the trial length and the price that applies when the trial ends are disclosed in the App Store or Google Play redemption screen before you confirm, and those disclosed terms govern that subscription.

5.5 Refunds for FORMD Pro

Refunds for Apple App Store purchases are governed by Apple's refund policy, and refunds for Google Play purchases by Google's. We do not have the technical ability to issue refunds for either store's transactions. To request an App Store refund, visit https://reportaproblem.apple.com. To request a Google Play refund, visit https://support.google.com/googleplay/answer/2479637.

5.6 Marketplace Programs (Future)

If and when FORMD launches the Marketplace described in Section 12.11, Athletes (including non-subscribers) may purchase one-time training programs at prices set by the publishing Coach. Marketplace purchases are governed by separate Marketplace Terms in effect at the time of purchase. The Marketplace is not available as of the Effective Date of these Terms.

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6. Coach Platform Subscriptions

Coach Platform subscription terms are set out in Section 11 below.

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7. User Content and License

7.1 Ownership of User Content

You retain all ownership rights to User Content you submit through the Services, including workout logs, race results, profile information, photos, training plans you create as a Coach, and messages.

7.2 License to FORMD

To operate the Services, you grant FORMD a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of (e.g., to format your data for the Services), publish, transmit, and display your User Content solely for the purpose of (a) operating, improving, and providing the Services; (b) developing new features; and (c) complying with applicable law. This license terminates when you delete your User Content or your account, except that we may retain residual copies in routine backups for a commercially reasonable period and aggregated, de-identified data indefinitely.

7.3 Feedback

If you submit suggestions, feature requests, or other feedback ("Feedback"), you grant FORMD a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose, without obligation to compensate or attribute you.

7.4 Your Representations

You represent and warrant that (a) you own or have the necessary rights to your User Content and to grant the license in Section 7.2; (b) your User Content does not violate any third party's intellectual property, privacy, publicity, or other rights; and (c) your User Content complies with these Terms and the Acceptable Use Policy.

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8. Intellectual Property of FORMD

The Services, including all software, designs, logos, trademarks (including the FORMD name and lime accent ("FORMD" and the wordmark)), trade dress, photographs, audio/video, training methodologies, AI prompts, and arrangement and selection of content, are owned by FORMD and protected by United States and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services in accordance with these Terms and (for Coaches) your applicable Coach Plan. Nothing in these Terms transfers any FORMD intellectual property to you.

You may not (and may not permit anyone else to):

• Copy, modify, distribute, sell, lease, rent, or sublicense any portion of the Services;
• Reverse engineer, decompile, or disassemble the Services or attempt to derive source code (except to the extent this restriction is prohibited by applicable law);
• Use any robot, scraper, crawler, or automated means to access the Services other than through APIs we expressly authorize;
• Use the Services to build a competing product or service;
• Remove or alter any proprietary notices.

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9. Health and Fitness Disclaimer

IMPORTANT — READ CAREFULLY.

The Services involve physical exercise, which carries inherent risks including injury, illness, and in rare cases, death. By using the Services, you acknowledge and agree that:

• FORMD is not a medical provider, healthcare provider, or licensed physical trainer, and does not provide medical advice;
• FORMD is not a licensed dietitian or nutritionist; nutrition targets and race-fueling guidance are general recommendations, not individualized dietetic advice;
• Training plans, race predictions, exercise instructions, and recovery recommendations are general in nature and may not be appropriate for your individual circumstances;
• You should consult a qualified healthcare professional before beginning any new fitness program, especially if you have pre-existing medical conditions, injuries, or are pregnant;
• You voluntarily assume all risks associated with using the Services and engaging in physical activity, including activities recommended through training plans;
• You will stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, chest tightness, nausea, or any other concerning symptom.

AI-generated training plans — no medical safety warranty. FORMD makes no warranty that AI-generated training plans are safe for your specific medical, physical, or physiological condition. AI-generated content is a starting point, not a substitute for a credentialed fitness professional's assessment of your individual situation.

This Section 9 survives termination of these Terms.

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10. Privacy

Our collection and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the practices described in the Privacy Policy.

For Coaches, the Data Processing Agreement (the "DPA") is incorporated into and forms part of this Agreement. The DPA governs FORMD's processing of personal data on behalf of the Coach with respect to Connected Athletes. The DPA prevails over any conflicting term in this Agreement solely to the extent of the conflict and solely with respect to the personal data subject to the DPA.

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The remaining sections of these Terms apply specifically to Customers who subscribe to the Coach Platform. By creating a Coach Account or starting a free trial of the Coach Platform, you agree to the additional terms in Sections 11–18.

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11. Coach Plans, Pricing, Trial, and Guarantee

11.1 Plan Tiers

The Coach Platform is offered in the following tiers. The most current pricing, tier names, and feature inclusions are displayed on the FORMD pricing page at tryformd.com/pricing and are incorporated by reference. In the event of a conflict between this section and the in-product pricing page, the in-product pricing page controls for new Subscriptions.

Founding Coach pricing is set out in Section 11.10. Enterprise pricing is custom and is governed by a separately executed order form, which prevails over this Agreement to the extent of any conflict with respect to the Enterprise Subscription only.

11.2 Free Trial

Each new Coach Customer is eligible for one (1) free trial of the Coach Platform ("Trial"). The Trial runs fourteen (14) days for standard Subscriptions and ninety (90) days for Founding Coach Subscriptions (Section 11.10). Trial eligibility may be limited per organization, billing email, or Stripe customer at FORMD's reasonable discretion to prevent abuse.

A valid payment method is required to begin the Trial. You provide it at checkout, before the Trial starts.

Recurring fees. We do not bill the recurring Subscription fee while the Trial is running. Your first recurring charge is made automatically when the Trial ends, at the price shown at checkout, unless you cancel before then in accordance with Section 11.5.

One-time setup fee. Monthly Subscriptions carry a one-time setup fee, which is charged at checkout when you start the Trial — not when the Trial ends:

The setup fee is waived if you claim a Founding Coach spot (Section 11.10) or if you select annual billing. Exactly one waiver applies; waivers do not stack. The setup fee is separate from, and additional to, the recurring fees in Section 11.1, and is subject to Section 11.6 (Refunds).

11.3 Auto-Renewal and Term

Coach Plans are sold on a recurring monthly basis unless an annual term is offered and selected. Once you start a paid Subscription, the Coach Plan automatically renews at the end of each billing period for an additional period of equal length, at the then-current renewal price, unless either party cancels in accordance with Section 11.5. Annual Subscriptions are billed in advance for the full annual term.

11.4 Payment

You authorize FORMD and its payment processor (Stripe) to charge your designated payment method for all fees, including renewal fees, applicable taxes, overage charges, and add-on charges. Fees are exclusive of taxes; you are responsible for all sales, use, VAT, and similar taxes other than taxes on FORMD's net income.

If a charge is declined, we may suspend the Coach Account until payment is current and may, after thirty (30) days of non-payment, terminate the Coach Account.

11.5 Cancellation

You may cancel your Coach Account at any time through the in-product billing settings or by emailing support@tryformd.com from the email address on the Coach Account. Cancellation is effective at the end of the then-current billing period (end-of-period cancellation). You will retain access to the Coach Platform until the end of that period, after which your account will be downgraded or deactivated. We do not provide pro-rata refunds for partial billing periods, except as expressly provided in the Refund Policy or as required by applicable law.

11.6 Refunds and 30-Day Athlete Engagement Guarantee

Refunds for Coach Plans are governed by the Refund Policy. The Refund Policy provides:

• 7-Day Unused-Account Refund: A full refund within seven (7) days of your first paid charge if you have not invited any Athlete and have not created any training plan;
• 30-Day Athlete Engagement Guarantee: A full refund of the most recent paid period if, within thirty (30) days of your first paid charge, fewer than thirty percent (30%) of the Athletes you have invited have logged at least one workout in the Mobile App, subject to the conditions and verification process in the Refund Policy.

These remedies are mutually exclusive: a Coach Customer may claim either the 7-Day Unused-Account Refund or the 30-Day Athlete Engagement Guarantee, but not both for the same paid period. The Refund Policy controls in the event of any conflict with this Section 11.6.

11.7 Price Changes

We may change Coach Plan pricing or add new tiers at any time. We will provide at least thirty (30) days' notice by email and in-product banner before any price increase takes effect for an existing Subscription. If you do not agree to a price increase, your sole remedy is to cancel before the change takes effect (the cancellation will take effect at the end of the then-current billing period at the existing price). Founding Coach pricing is governed separately by Section 11.10 and is not subject to the price-change process in this Section 11.7.

11.8 Plan Changes

You may upgrade or downgrade your Coach Plan from in-product billing settings. Upgrades take effect immediately and are billed on a pro-rata basis for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. Where a downgrade reduces the seat or Athlete limit below your current usage, excess seats and Athletes will be soft-locked (read-only and preserved for ninety (90) days) rather than deleted, to allow recovery on re-upgrade.

11.9 Add-Ons and Overages

The following add-ons are available to Coach Customers as set out in the in-product pricing page:

Overages and add-ons are charged on the Coach's next regular invoice. Add-ons cancelled mid-period are credited pro-rata against the following invoice; no separate refund is issued.

11.10 Founding Coach Program

The first fifty (50) Coach Customers to start a paid Subscription (across all B2B tiers, counted as a single shared cohort) are designated "Founding Coaches" and receive the founding rate set out at the time of signup. The founding rate is locked for the duration of the Founding Coach's continuous Subscription at the same or higher tier — that is, so long as the Founding Coach maintains an active paid Subscription without lapse, the founding rate continues to apply, even after the standard rate changes. Founding rate examples (subject to in-product disclosure at signup):

Loss of Founding Coach status: If a Founding Coach (i) cancels their Subscription and the cancellation takes effect; (ii) downgrades to a tier on which they did not have founding pricing; or (iii) has their Subscription terminated for cause under Section 17.3, the Founding Coach status is permanently forfeited and cannot be reinstated. Resubscription, where permitted, will be at the then-current standard rate. Lateral upgrades to a higher founding-eligible tier preserve Founding Coach status at the new tier's founding rate.

11.11 Enterprise Subscriptions

Enterprise Subscriptions are sales-closed and governed by a separately executed order form ("Order Form"). The Order Form, together with this Agreement, the DPA, and any mutually agreed amendment, forms the complete contract for the Enterprise Subscription. Where the Order Form expressly provides terms different from this Agreement (including with respect to SLA, term, payment, termination for convenience, or contractual remedies), the Order Form controls solely for the Enterprise Subscription.

Enterprise Subscriptions include a minimum term of twelve (12) months and a one-time onboarding fee of $2,500 (or the amount stated in the Order Form). Termination for convenience by the Customer during the Enterprise minimum term entitles FORMD to retain all pre-paid fees for the remainder of the term, except as the Order Form expressly provides otherwise.

11.12 FORMD Platform Payment Processing

FORMD Platform Payment Processing. In addition to direct billing of Coach Plans under this Section 11, the Coach Platform enables Coaches to bill their Athletes for coaching services directly through FORMD's Stripe Connect platform ("Platform Payments"). Coaches who use Platform Payments must complete Stripe's Connected Account onboarding and agree to Stripe's Connected Account Agreement available at stripe.com/connect-account/legal. FORMD retains an application fee of four percent (4%) of each Platform Payment as consideration for operating the payment infrastructure. This fee is deducted by Stripe before settlement to the Coach's connected Stripe account. Neither FORMD nor Stripe guarantees settlement timing. FORMD has no liability for Platform Payments that fail, are reversed, or are subject to Stripe dispute procedures.

11.13 Independent-Contractor Acknowledgment for Coaches

Coaches who subscribe to the Coach Platform are independent contractors and are not employees, agents, partners, joint venturers, or representatives of FORMD. FORMD does not direct, supervise, or control the manner or means by which a Coach delivers coaching services to Athletes. FORMD is not responsible for the quality, accuracy, safety, or outcomes of coaching services provided by a Coach, and the Coach is solely responsible for any advice, training program, or instruction the Coach delivers to an Athlete. The full terms of the Coach–FORMD independent-contractor relationship are set out in the Coach Independent Contractor Agreement, which is incorporated by reference for any Coach who uses the Coach Platform.

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12. Coach Responsibilities

12.1 Authorized Use

The Coach Platform is licensed for use by the Coach Customer and the individual personnel ("Authorized Users") that the Coach designates within the Coach Platform. The Coach is responsible for the acts and omissions of all Authorized Users.

12.2 Athlete Consent and Data Accuracy

You represent and warrant that:

• You have obtained, and will continue to obtain, all consents and provide all notices required under applicable law before inviting any Athlete to connect with you on the Coach Platform, including consents required for the processing of fitness, health-adjacent, or special category personal data;
• All information you provide about Athletes is accurate, lawfully obtained, and that you have authority to share that information with FORMD;
• You will respond promptly to data subject requests from your Athletes (e.g., access, deletion, correction) as required by applicable law, and you will use FORMD's tools and reasonable assistance to fulfill those requests.

12.3 No Medical Advice

You represent and warrant that you are providing Athletes with fitness coaching only and not with medical advice, physical therapy, nutrition counseling that requires licensure in your jurisdiction, or any other regulated professional service for which you do not hold the necessary credentials. You will not represent that FORMD or its training plans constitute medical advice, diagnosis, or treatment.

12.4 No Credential Sharing

Each Authorized User must use a separate, individually identifiable account. You may not share login credentials, share access tokens, allow multiple individuals to use a single seat, or otherwise circumvent per-seat licensing. Credential sharing is grounds for account suspension and may result in a true-up of fees for the unauthorized usage. For seat additions, contact your account representative or upgrade your plan.

12.5 No White-Labeling or Reselling

You may not white-label, rebrand, resell, sublicense, or repackage the Coach Platform or any output of it (including AI-generated training plans) as your own product or as the product of any third party, without FORMD's express prior written consent. Distribution of FORMD-generated training content to your Athletes via the Coach Platform's intended in-product channels is permitted; redistribution outside the Services is not. Note: White-label functionality included in Gym Pro and Enterprise tiers is governed by Section 12.8 and is permitted within its scope.

12.6 Compliance with Acceptable Use Policy

Your use of the Coach Platform is subject to the Acceptable Use Policy. Violations may result in suspension or termination per Section 17.

12.7 Coach Discover Page Listing

Each tier includes a listing on the FORMD Coach Discover Page (basic for Coach tier, featured for Gym, premium for Gym Pro and Enterprise). By subscribing, you grant FORMD a non-exclusive, royalty-free license to display the name, location, photograph, biography, specialties, and other public-profile information you submit on the Discover Page and within the Services. You may at any time update or hide your public profile from in-product settings. FORMD reserves the right to remove or refuse to display any profile that violates the AUP, applicable law, or that contains content FORMD reasonably determines to be misleading, defamatory, or unlawful.

12.8 White-Label and Branded Experience (Gym Pro and Enterprise Only)

Gym Pro and Enterprise Subscriptions include a "white-label" feature permitting the Coach Customer to display its own logo, color palette, and name in the Athlete-facing experience for Connected Athletes. The white-label license is limited to the duration of the active Subscription and is non-transferable. The white-label feature does not (a) transfer ownership of the FORMD platform to the Coach Customer; (b) authorize the Coach Customer to represent the Services as its own product to the public, regulators, or third parties; or (c) waive FORMD's right to display attribution required by law (including, where applicable, "Powered by FORMD" or equivalent). Removal or alteration of FORMD's required legal notices is prohibited.

12.9 API Access (Gym Pro and Enterprise Only)

Where API or webhook access is included in the Subscription, use of the API is governed by FORMD's then-current API Documentation and Acceptable Use Policy. FORMD may impose reasonable rate limits, deprecate endpoints with reasonable notice, and require API key rotation. The API is not a substitute for the Coach Platform; provisioning end-user functionality solely through the API requires FORMD's prior written consent.

12.10 Kiosk and Public Display Mode

The Kiosk/TV display mode (Gym Pro and Enterprise) is licensed for use on devices owned or controlled by the Coach Customer, located on the Coach Customer's premises, and used to display Athlete leaderboards and aggregate performance information to Athletes and gym members. Kiosk mode must not be used to display personal data of any Athlete who has opted out of leaderboards or whose participation requires age-gated parental consent.

12.11 Marketplace (Future Feature)

If and when FORMD launches a marketplace permitting Coaches to sell training programs to other Users ("Marketplace"), participation will be subject to additional Marketplace Terms (including content review, refund handling, and tax responsibilities). The economics of Marketplace participation are summarized as: 85% of the program sale price paid to the Coach via Stripe Connect, 15% retained by FORMD. The Coach is responsible for collecting and remitting all applicable sales, use, VAT, and other taxes on Marketplace sales unless FORMD's payment processor expressly assumes that responsibility through "merchant of record" services. Marketplace publishing eligibility is currently restricted to Gym, Gym Pro, and Enterprise Subscriptions. The Marketplace is not available as of the Effective Date of these Terms; this Section 12.11 is provided for forward compatibility and will be activated by Marketplace Terms when the feature launches.

12.12 Athlete Free Pro Access via Coach Subscription

Athletes who connect to a Coach via invitation receive complimentary FORMD Pro access in the Mobile App, paid for by the Coach's active Subscription, for so long as the Athlete remains a Connected Athlete and the Coach's Subscription is in good standing. Complimentary Pro access automatically terminates upon (a) the Athlete's disconnection from the Coach; (b) the Coach's cancellation, downgrade, or termination of the Subscription; or (c) the Athlete being removed from the Coach's roster for any reason. On termination of complimentary access, the Athlete will be presented with the opportunity to subscribe to FORMD Pro at the then-current consumer rate to maintain access to the Mobile App.

The Coach acknowledges that the cost of complimentary Pro access for Athletes is a material part of the consideration FORMD receives under the Subscription, and that downgrading or canceling the Subscription will result in the loss of complimentary access for the Coach's Athletes.

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13. Athlete Connections and Data

13.1 Invitations

Coaches may invite Athletes to connect via email or in-product invitation. Athletes must accept the invitation and create or link a FORMD Athlete account to become a Connected Athlete. Connection to a Coach is opt-in by the Athlete.

13.2 Data Flow

Once connected, the Coach receives access on the Coach Platform to the categories of Athlete Data described in the in-product permission disclosure and the Privacy Policy. Athlete Data is processed by FORMD on the Coach's documented instructions in accordance with the DPA.

13.3 Disconnection

An Athlete may disconnect from a Coach at any time. Upon disconnection, the Coach loses access to that Athlete's Data going forward. Historical aggregated and de-identified analytics may continue to be visible to the Coach in accordance with the DPA.

13.4 Athlete Termination

If FORMD terminates an Athlete's account for cause (e.g., AUP violation), that Athlete is automatically disconnected from any Coach. FORMD is not liable to the Coach for the loss of access to a terminated Athlete.

13.5 Doubles Partners

Doubles Partners. If you form a Doubles team within the Mobile App, your co-athlete (your "Doubles Partner") will have access to the categories of your Athlete Data relevant to team training planning, including your training history, station baselines, race predictions, and performance data as displayed within the Doubles team view. By accepting a Doubles invitation, you consent to this data sharing for the duration of the team relationship. Disconnecting from the Doubles team ends prospective sharing; historical team-visible data is handled per the Privacy Policy.

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14. Service Levels and Support

14.1 No Uptime SLA in v1

The Services are provided on an "as available" basis. FORMD does not provide a contractual uptime guarantee, service level agreement, or service credit regime in this version of these Terms. We will use commercially reasonable efforts to keep the Services available and to communicate scheduled maintenance and material outages in good faith. A formal SLA may be introduced for Studio-tier or enterprise customers in a future amendment or order form.

14.2 Support Channels

Coach Customers may obtain support via support@tryformd.com and the in-product Intercom widget. Response targets are best-effort and are not contractually binding.

14.3 Maintenance

We may perform scheduled or emergency maintenance from time to time. We will use commercially reasonable efforts to provide advance notice of scheduled maintenance.

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15. Beta Features

We may offer features marked as "Beta," "Preview," "Early Access," or similar ("Beta Features"). Beta Features are provided as-is, may change or be discontinued at any time, and are not subject to any availability or support commitments. Beta Features may collect additional usage telemetry to inform development.

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16. Confidentiality

16.1 Definition

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. FORMD's Confidential Information includes, without limitation, the Services' source code, security architecture, non-public pricing, product roadmap, and the AI prompts and training methodologies underlying the Services. The Coach's Confidential Information includes Athlete Data and the Coach's non-public business information.

16.2 Obligations

Recipient will (a) use Confidential Information only to exercise its rights and perform its obligations under this Agreement; (b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of like kind, but in no event less than reasonable care; and (c) limit access to those of its personnel and contractors who have a need to know and who are bound by confidentiality obligations no less protective than those in this Agreement.

16.3 Exclusions

Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement; (b) was known to Recipient before disclosure without confidentiality obligation; (c) was independently developed by Recipient without use of or reference to the Discloser's Confidential Information; or (d) was rightfully received from a third party without confidentiality obligation.

16.4 Compelled Disclosure

If Recipient is compelled by law to disclose Confidential Information, it will (where legally permitted) give Discloser prompt notice and reasonable cooperation to seek a protective order.

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17. Suspension and Termination

17.1 Suspension by FORMD

We may suspend access to the Services, in whole or in part, immediately and without prior notice if (a) we reasonably believe your use poses a security risk to the Services or to other Users; (b) your use is causing or could cause material harm or legal liability to FORMD; (c) you are in material breach of these Terms or the AUP; or (d) your account is past due.

We will use commercially reasonable efforts to provide notice of the suspension and an opportunity to cure where doing so does not increase the risk to the Services or to other Users. See Section 17.4 (Appeal).

17.2 Termination for Convenience

You may terminate your Coach Account in accordance with the cancellation provisions of Section 11.5. We may terminate any Coach Account for convenience on at least sixty (60) days' written notice. In the case of a termination by FORMD for convenience, we will provide a pro-rata refund of pre-paid, unused fees for the terminated period.

17.3 Termination for Cause

Either party may terminate this Agreement immediately on written notice if the other party (a) materially breaches this Agreement and fails to cure the breach within thirty (30) days after receiving notice; or (b) becomes insolvent, makes an assignment for the benefit of creditors, files for bankruptcy, or has a receiver appointed.

17.4 Appeal of Suspension or Termination

If you believe your account has been suspended or terminated in error, you may submit an appeal to legal@tryformd.com within thirty (30) days of the action. The appeal must include the email address on the account, a description of the alleged violation, and any facts or evidence you wish us to consider. We will review and respond within fifteen (15) business days. Our determination is final.

17.5 Effect of Termination

Upon termination of a Coach Account: (a) the Coach's right to access the Coach Platform ends; (b) Connected Athletes are disconnected; (c) the Coach may, within thirty (30) days of termination, request an export of Athlete Data the Coach is entitled to receive (subject to FORMD's verification of authorization and to the DPA); (d) FORMD will delete or anonymize Coach personal data in accordance with the Privacy Policy and the DPA, except for backups, audit logs, and information FORMD is required to retain by law. Sections that by their nature should survive (including Sections 7.3, 8, 9, 16, 19, 20, 21, 22, 23, and 24) will survive termination.

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The following sections apply to all Users of the Services.

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18. Acceptable Use

Your use of the Services is subject to the Acceptable Use Policy, which is incorporated by reference. Among other things, the AUP prohibits spamming, scraping, security circumvention, abuse of other Users, and using the Services for unlawful purposes.

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19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FORMD specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components, or that race predictions, training plans, or analytics will be accurate, reliable, or suitable for your purposes.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the disclaimers in this Section 19 apply to the maximum extent permitted by law.

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20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Excluded Damages. IN NO EVENT WILL FORMD, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Liability Cap. FORMD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID TO FORMD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).

(c) Independent Allocation of Risk. The limitations in this Section 20 are a fundamental basis of the bargain between the parties and apply even if a limited remedy fails of its essential purpose.

(d) Carve-outs. Nothing in this Section 20 limits or excludes liability that cannot be limited or excluded under applicable law, including, where applicable, liability for (i) gross negligence, willful misconduct, or fraud; (ii) breach of confidentiality obligations under Section 16; (iii) a party's indemnification obligations under Section 21; (iv) FORMD's data protection obligations to the extent required by applicable data protection law (e.g., GDPR Art. 82); or (v) personal injury or death.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, the limitations apply to the maximum extent permitted by law.

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21. Indemnification

21.1 By You

You agree to defend, indemnify, and hold harmless FORMD, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your User Content or your use of the Services in violation of this Agreement;
• Your violation of applicable law (including, for Coaches, data protection law in connection with Athlete Data you direct FORMD to process);
• Your breach of any representation, warranty, or covenant in this Agreement (including those in Section 12);
• Any physical injury, illness, or death arising from your participation in physical activities recommended through the Services.

21.2 By FORMD (Coach Customers Only)

FORMD will defend, indemnify, and hold harmless the Coach Customer from third-party claims that the Coach Platform, when used in accordance with this Agreement, infringes the third party's U.S. patent, copyright, trademark, or trade secret. FORMD's obligations under this Section 21.2 do not apply to claims arising from (a) Athlete Data, User Content, or other content not provided by FORMD; (b) modifications to the Services not authorized by FORMD; (c) use of the Services in combination with other products, services, or data not provided by FORMD if the claim would not have arisen but for the combination; or (d) use after FORMD provided notice that continued use would result in infringement.

If the Coach Platform is, or in FORMD's reasonable opinion is likely to become, the subject of an infringement claim, FORMD may, at its option and expense: (i) procure the right for the Coach to continue using the Coach Platform; (ii) modify the Coach Platform so it is non-infringing; or (iii) terminate the affected Subscription and refund any pre-paid, unused fees. This Section 21.2 states FORMD's sole liability and the Coach's sole remedy for third-party infringement claims.

21.3 Procedure

The indemnified party will (a) promptly notify the indemnifying party of the claim; (b) give the indemnifying party sole control of the defense and settlement of the claim, provided that no settlement that imposes a non-monetary obligation on the indemnified party may be made without the indemnified party's prior written consent (not to be unreasonably withheld); and (c) provide reasonable cooperation at the indemnifying party's expense.

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22. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes) are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are an individual consumer (not a business) who resides in a jurisdiction whose mandatory consumer protection law would apply to this Agreement notwithstanding the choice of Florida law, that mandatory consumer protection law applies to the extent it provides you greater protection than Florida law and only with respect to those non-waivable rights.

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23. Dispute Resolution; Binding Arbitration; Class Action Waiver

23.1 Informal Resolution

Before filing any formal proceeding, you agree to first contact us at legal@tryformd.com with a written description of the dispute, your contact information, and the relief requested. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days. If the dispute is not resolved within that period, either party may proceed under Section 23.2 or 23.3, as applicable.

23.2 Arbitration (U.S. Users)

Subject to Section 23.4 (EU/UK Carve-out) and Section 23.5 (Opt-Out), if you reside in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for individual consumers) or its Commercial Arbitration Rules (for Coach Customers and other businesses), as applicable. The arbitration will be conducted in the State of Florida, in the English language, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Each party will bear its own costs and attorneys' fees, except as the AAA Rules otherwise provide.

23.3 Class Action Waiver

YOU AND FORMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class or representative proceeding. If this Section 23.3 is found unenforceable, then the entirety of Section 23.2 (Arbitration) is null and void as to the affected dispute.

23.4 EU/UK/EEA Carve-out

If you are a resident of the European Union, the European Economic Area, the United Kingdom, or Switzerland, nothing in Sections 23.2 or 23.3 limits your non-waivable statutory rights, including (where applicable) your right under GDPR Article 79 or UK GDPR to bring proceedings before the courts of the Member State of your habitual residence or workplace. Where applicable, the courts of your country of residence have non-exclusive jurisdiction, and the mandatory consumer protection law of your country of residence applies.

23.5 Opt-Out of Arbitration and Class Action Waiver

You may opt out of Sections 23.2 and 23.3 by sending written notice to legal@tryformd.com within thirty (30) days of first accepting these Terms (or, if these Terms are amended in a way that materially alters this Section, within thirty (30) days of the amendment's effective date). Your notice must include your full name, account email, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of this Agreement.

23.6 Exception for Equitable Relief

Notwithstanding Section 23.2, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or breach of confidentiality.

23.7 Federal Arbitration Act

The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this Section 23.

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24. General Provisions

24.1 Entire Agreement

These Terms, together with the Privacy Policy, AUP, Refund Policy, Cookie Policy, DPA (where applicable), and any order form, mutually executed addendum, or in-product pricing page expressly incorporated, constitute the entire agreement between you and FORMD with respect to the Services and supersede any prior or contemporaneous understandings.

24.2 Order of Precedence

In the event of a conflict, the order of precedence is: (1) any mutually executed order form or amendment; (2) the DPA (with respect to personal data subject to the DPA); (3) these Terms; (4) the AUP, Refund Policy, and Cookie Policy; (5) the Privacy Policy.

24.3 Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be modified to the minimum extent necessary to be enforceable while preserving its intent.

24.4 Waiver

A waiver of any term must be in writing and signed by the waiving party. Failure to enforce any provision is not a waiver.

24.5 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without FORMD's prior written consent. FORMD may assign this Agreement, in whole or in part, without restriction (including in connection with a merger, acquisition, financing, or sale of assets). Any attempted assignment in violation of this section is void.

24.6 Force Majeure

Neither party is liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, epidemics or pandemics, government action, third-party service provider outages, or denial-of-service attacks. The affected party will use reasonable efforts to mitigate.

24.7 No Third-Party Beneficiaries

Except as expressly stated, this Agreement does not confer rights on any third party. Apple Inc. is an intended third-party beneficiary of Section 25.1.

24.8 Independent Contractors

The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.

24.9 Notices

Notices to FORMD must be sent to legal@tryformd.com with a copy by certified mail to FORMD APP, INC. (mailing address available upon written request to legal@tryformd.com), Florida, United States. Notices to you may be sent to the email address on your account or, where required by law, by certified mail to your last-known address.

24.10 Headings; Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to "days" mean calendar days unless stated otherwise.

24.11 Export Controls

You will comply with all applicable U.S. and foreign export control laws and regulations and will not export, re-export, or transfer the Services to a prohibited country, person, or entity.

24.12 U.S. Government Users

The Services are "Commercial Items," as defined in 48 C.F.R. § 2.101, and are licensed to U.S. Government end users only as Commercial Items and with only those rights granted to all other end users.

24.13 Electronic Communications

You consent to receive communications from us electronically. Agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

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25. Platform-Specific Additional Terms

25.1 Apple App Store

If you access the Mobile App through the Apple App Store, the following additional terms apply:

• These Terms are between you and FORMD only, and not with Apple Inc. ("Apple"). FORMD, not Apple, is responsible for the Mobile App and its content.
• Apple has no obligation to provide maintenance or support for the Mobile App.
• In the event the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Mobile App.
• FORMD, and not Apple, is responsible for addressing any claims by you or any third party relating to the Mobile App, including product liability claims, claims that the Mobile App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• FORMD, and not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Mobile App or your use of it infringes that third party's intellectual property rights.
• You represent that (i) you are not in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

25.2 Coach Web Platform

The Coach Platform is a web application accessed at coach.tryformd.com and is not currently distributed through Apple, Google, or any other application store. The platform-specific provisions of Section 25.1 do not apply to the Coach Platform.

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26. Contact

Questions about these Terms can be sent to:

FORMD APP, INC. Email (legal): legal@tryformd.com Email (support): support@tryformd.com Email (privacy): privacy@tryformd.com Email (security): security@tryformd.com Mailing: Mailing address available upon written request to legal@tryformd.com, State of Florida, United States Web: tryformd.com

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By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.