Terms of Use

Agreement

These Terms of Use (“Terms”) are a binding agreement between you and Nexus Point Innovations LLC (“NPI”, “we”, “us”) governing your use of:

• The SomataQuest iOS and Apple Watch apps
• Our website at nexuspointinnovations.com (the “Site”)
• Related support and pre-release distributions (including TestFlight)

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

If you obtained SomataQuest from the Apple App Store, Apple’s Licensed Application End User License Agreement (or the Custom EULA Apple presents at download, if applicable) also applies. Where Apple’s standard EULA and these Terms conflict regarding App Store distribution, Apple’s terms control for those distribution matters; these Terms control for your relationship with NPI regarding the Services.

Services

SomataQuest provides training intelligence features such as readiness and recovery insights, sleep and workout analysis, coaching suggestions, widgets, and notifications. Features may change over time. Some features require Apple Health (HealthKit) permission and sufficient on-device health data.

SomataQuest provides core app functionality at no charge. Additional features require an active SomataQuest Pro subscription (or other entitlement we explicitly grant). The specific features available without a subscription and through SomataQuest Pro are displayed in the app and may change as the service evolves.

Eligibility

You must be able to form a binding contract in your jurisdiction. The Services are not directed to children under 13 (or a higher age if required where you live). You are responsible for compliance with local laws when using the Services.

License & restrictions

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use SomataQuest on Apple devices you own or control, as permitted by the App Store rules.

You may not:

• Copy, modify, reverse engineer, or create derivative works of the Services except as allowed by law
• Rent, lease, sell, sublicense, or redistribute the app
• Circumvent subscription, security, or access controls
• Use the Services for unlawful, harmful, or abusive purposes
• Interfere with the integrity or performance of the Services

Health & fitness disclaimer

You are solely responsible for how you use insights from the Services. We do not guarantee accuracy, completeness, or fitness for a particular purpose of scores, recommendations, or interpretations of HealthKit data.

Subscriptions & billing (SomataQuest Pro)

SomataQuest may offer auto-renewable in-app subscriptions that unlock Pro features. Current subscription options and prices are shown in the App Store / in-app purchase sheet and may vary by region.

What you get

Monthly and annual SomataQuest Pro plans unlock the same Pro functionality for the subscription period. Exact feature availability may evolve; material changes will be reflected in the app and/or App Store listing.

Payment

• Payment is charged to your Apple ID account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current rate shown by Apple.

Free trials / introductory offers

If an introductory free trial or other introductory offer is available and you are eligible, details (including duration) are shown by Apple in the purchase flow and managed by the App Store. Unused portions of a free trial, if any, are forfeited when you purchase a subscription where applicable under Apple’s rules. We do not operate a separate in-app trial clock; trial eligibility, duration, renewal, billing, cancellation, and expiration are determined by Apple / StoreKit.

Manage or cancel

You can manage and cancel subscriptions in your Apple ID account settings after purchase (for example: Settings > Apple ID > Subscriptions on iOS, or via App Store account subscriptions). Deleting the app does not cancel a subscription. Refunds, if any, are handled by Apple under Apple’s refund policies.

Restore purchases

If you reinstall the app or switch devices, use Restore Purchases (in SomataQuest Settings or the paywall) while signed into the same Apple ID that purchased the subscription.

Privacy

Our collection and use of information is described in our Privacy Policy. By using the Services, you acknowledge that policy.

Intellectual property

The Services, including software, design, text, graphics, logos, and trademarks, are owned by NPI or its licensors and are protected by intellectual property laws. These Terms do not transfer ownership to you.

Third-party services

The Services may rely on Apple platforms (including HealthKit, StoreKit, notifications, and widgets) and optional analytics providers. Your use of those platforms is also subject to Apple’s and the providers’ terms and policies. We are not responsible for third-party services we do not control.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT RESULTS WILL MEET YOUR EXPECTATIONS.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NPI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless NPI and its personnel from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.

Termination

You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or if we discontinue the Services. Provisions that by their nature should survive (including ownership, disclaimers, limitations, and indemnity) will survive termination. Subscription cancellations remain subject to Apple’s billing rules.

Governing law

These Terms are governed by the laws of the State of Illinois, USA, excluding conflict-of-law rules, unless mandatory local consumer protections require otherwise. Courts located in Illinois will have exclusive jurisdiction over disputes arising from these Terms, subject to applicable consumer rights.

Changes

We may update these Terms from time to time. We will update the “Last Updated” date and, for material changes, provide a prominent notice in the app or on the Site. Continued use after the effective date constitutes acceptance of the updated Terms.

Contact

Nexus Point Innovations LLC • United States (Illinois)