PepSense End User License Agreement (iOS)

This End User License Agreement (the "Agreement") is a binding contract between you and PepSense, Inc. ("PepSense", "we", "us", "our"). It governs your download, installation, and use of the PepSense application for iPhone and iPad, including any updates, and any content, features, and services made available through it (together, the "App").

Read it before you use the App. By downloading, installing, or using the App, or by tapping to accept, you agree to this Agreement. If you do not agree, do not install or use the App, and delete it from your device.

PepSense provides research and education tools for people who want to understand the published literature on peptides. PepSense does not practice medicine, does not provide medical advice, does not diagnose or treat any condition, does not prescribe, does not recommend or approve any dose, and does not sell, supply, or source any compound. Nothing in the App is a substitute for care from a licensed health care professional.

The App includes a reconstitution calculator that performs arithmetic on numbers you enter and returns a corresponding volume or syringe-unit equivalent. It is a unit-conversion utility, not dosing guidance and not medical advice. Section 9 describes exactly what it does and does not do, and it applies to every use you make of it.

Section 1 below is an index showing where each of Apple's required minimum terms appears in this Agreement, so that you or any reviewer can find them quickly.

1. Where to Find Apple's Required Terms

Apple requires every application distributed through the App Store to include certain minimum terms in its end user license agreement. Each of those terms appears in full in this Agreement. This index is provided for convenience only. It does not limit, qualify, or replace the sections it points to, and the full text of each section controls.

• Acknowledgement that this Agreement is between you and PepSense only, and not with Apple, and that PepSense alone is responsible for the App and its content: Section 2.
• Scope of license, including that the license is non-transferable, is limited to Apple-branded products that you own or control, and is subject to the Usage Rules in the Apple Media Services Terms and Conditions: Section 4.
• Acknowledgement that Apple has no obligation whatsoever to furnish any maintenance and support services for the App: Section 13.
• Warranty, including your right to notify Apple of a failure of the App to conform to an applicable warranty and to receive a refund of the purchase price from Apple, Apple's lack of any other warranty obligation, and PepSense's sole responsibility for all other warranty liability: Section 14.
• Product claims, including that PepSense and not Apple is responsible for addressing claims relating to the App: Section 16.
• Intellectual property claims, including that PepSense and not Apple is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim: Section 17, under "Third-party intellectual property claims".
• Your legal compliance representations regarding embargoed or "terrorist supporting" regions and U.S. Government lists of prohibited or restricted parties: Section 20.
• Developer name, mailing address, telephone number, and email address for any questions, complaints, or claims about the App: Section 27 and the contact block at the end of this Agreement.
• Your obligation to comply with applicable third-party terms of agreement when using the App: Section 21.
• Acknowledgement that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement with the right to enforce it against you: Section 22.

2. This Agreement Is With PepSense, Not Apple

You and PepSense acknowledge that this Agreement is concluded between you and PepSense only, and not with Apple Inc. ("Apple"). PepSense, not Apple, is solely responsible for the App and its content.

Apple is not a party to this Agreement. Apple does not sponsor or endorse the App or its content, and Apple has no responsibility or liability of any kind under this Agreement.

This Agreement does not, and is not intended to, provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions. If any term of this Agreement conflicts with the Apple Media Services Terms and Conditions as they existed on the effective date of this Agreement, the Apple Media Services Terms and Conditions control as to that conflict.

3. Eligibility and Age

The App is offered only to individuals who are 18 years of age or older. By installing or using the App and by creating an account, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into this Agreement.

If you are using the App on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

The App is not directed to children. We do not knowingly permit anyone under 18 to create an account. If we learn that an account belongs to someone under 18, we will close it and delete the associated data.

4. Scope of License

PepSense grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with you, the purchaser, through Family Sharing, volume purchasing, or Legacy Contacts, where Apple makes those features available.

This license does not allow you to use the App on any Apple-branded product that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

The App is licensed to you, not sold. PepSense and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights. All rights not expressly granted to you in this Agreement are reserved.

5. What You May Not Do

You agree not to do any of the following, and not to help or permit anyone else to do any of the following.

• Copy, modify, translate, or create derivative works of the App, except as expressly permitted by this Agreement or by law that cannot be waived by contract.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the App, except to the limited extent applicable law expressly permits despite this restriction.
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party, or provide access through a time-sharing, service bureau, or similar arrangement.
• Scrape, crawl, spider, harvest, or use automated means to extract content, research summaries, citations, or data from the App, or use the App to build or train any machine learning model, dataset, index, or competing product.
• Resell, republish, syndicate, or commercially exploit any output of the App, including AI-generated summaries, citation lists, and calculator output, or present that output as your own professional advice.
• Use the App to diagnose, treat, cure, mitigate, or prevent any disease or condition in yourself or in any other person, or to deliver, support, or document medical care to another person.
• Use the App to make or support any decision about the use, acquisition, compounding, or administration of any drug or substance for any person other than in consultation with a licensed health care professional.
• Treat any output of the reconstitution calculator as a recommended, verified, validated, or clinically approved amount, or present it to anyone else as one.
• Use the reconstitution calculator, or any other part of the App, to determine, recommend, prescribe, or set an amount, a titration schedule, a frequency, or an administration plan for any other person, or to provide a professional service to any other person.
• Use, adapt, or extend any part of the App, including any chart, figure, logged value, or calculator output, as a substitute for the independent judgment of a licensed health care professional or pharmacist.
• Remove, obscure, or alter any notice, disclaimer, citation, or attribution displayed in the App, including the research use, not medical advice, and calculator notices.
• Circumvent, disable, or interfere with security, rate limiting, authentication, or usage restrictions, including free-tier limits and subscription entitlement checks.
• Interfere with or disrupt the App or the servers or networks that support it, or attempt to gain unauthorized access to any part of the App or another user's account or data.
• Use the App in violation of any applicable law or regulation, or to promote, encourage, or facilitate any unlawful activity.
• Submit content that is unlawful, that infringes the rights of others, or that contains another person's personal or health information without their permission.

6. Research and Education Only. Not Medical Advice. Not a Medical Device.

PepSense is an information tool. It is not a medical service, a health care provider, a pharmacy, a compounding facility, a manufacturer, a distributor, a prescriber, a laboratory, a supplier or vendor of any compound, a clinical trial sponsor, or a telehealth provider. PepSense does not practice medicine, pharmacy, or any other licensed profession.

PepSense is not a medical device and is not intended to function as one. The App is not intended for the diagnosis, cure, mitigation, prevention, or treatment of any disease or condition, and it is not intended to be used as a substitute for the professional judgment of a licensed health care professional.

Everything in the App, including research summaries, citations, compound reference pages, tracking features, charts, the arithmetic output of the reconstitution calculator, and any text generated in response to your questions, is provided for general research and educational purposes only. It is not medical advice, is not a diagnosis, is not a treatment plan, and is not a recommendation to use, obtain, or avoid any compound or to use any particular amount of anything.

Using the App does not create a doctor-patient relationship, a pharmacist-patient relationship, or any other professional or fiduciary relationship between you and PepSense or anyone associated with PepSense.

Always seek the advice of a physician or other qualified health care professional with any question you have about a medical condition, a medication, a supplement, or any compound, and check with a doctor in addition to using the App and before making any medical decision. Never disregard professional medical advice or delay seeking it because of something you read in the App. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.

Many of the compounds discussed in the published literature are not approved by the U.S. Food and Drug Administration or by any comparable regulator for human use, and much of the available literature is preclinical, in animals, in small samples, or otherwise preliminary. PepSense makes no claim that any compound is safe, effective, legal to obtain, or appropriate for you.

You are solely responsible for any decision you make about any compound and for any consequence of that decision.

7. How Answers Are Generated, and Their Limits

When you ask a question in the App, your question is sent to one or more third-party artificial intelligence providers and is used to retrieve and summarize passages from a corpus of published research. The response you see is generated by an AI model. It is not written or reviewed by a clinician, a scientist, or any other person before it reaches you.

AI-generated output can be inaccurate, incomplete, outdated, internally inconsistent, or wrong in ways that are not obvious. It can misread a study, overstate a finding, omit an important caveat, or produce a citation that does not support the statement attached to it. Verify anything that matters against the underlying source and against professional advice.

Citations shown in the App identify sources the system retrieved. A citation is not an endorsement of the source, is not a statement that the finding is reliable or reproducible, and is not a statement that the finding applies to you, your circumstances, or your health.

PepSense makes no representation that the research corpus is complete, current, or free of error, and does not guarantee that the App will surface all relevant literature on any topic.

PepSense does not claim that its AI output is clinically accurate, clinically validated, medically personalized, or verified.

The reconstitution calculator described in Section 9 is not an AI feature. It is fixed arithmetic applied to the numbers you type in. Nothing in this section should be read to suggest that the calculator selects, checks, or endorses any value, and nothing in Section 9 should be read to suggest that AI-generated answers are verified.

How we handle the text of your questions, including which providers receive it and on what terms, is described in the PepSense Privacy Policy and, for consumer health data, in the PepSense Consumer Health Data Privacy Policy at /consumer-health-data-privacy.

8. No Dosing Guidance, No Protocols, No Sourcing, No Vendor Relationships

The App does not provide dosing guidance and none should be inferred from anything it displays. PepSense does not recommend doses, does not create dosing protocols, does not tell you what to take, how much to take, how often to take it, when to take it, or how to titrate, and does not evaluate whether any regimen is appropriate for you or for anyone else. Where the App reports a dose that appears in a published study, that is a description of what a study reported, not a recommendation for you.

The App includes one calculation feature: the reconstitution calculator described in Section 9. It is an arithmetic unit-conversion utility that operates only on numbers you enter and returns a corresponding volume or syringe-unit equivalent. It performs arithmetic. It does not recommend, suggest, select, validate, verify, or approve any amount, and it does not generate protocols, titration schedules, or frequency guidance. Section 9 governs your use of it and controls over any general statement elsewhere in this Agreement about calculation features.

Apart from that arithmetic, the App contains no dose recommendation engine, no titration schedule generator, and no feature that decides, checks, or approves an amount for any person.

The tracking features in the App exist so you can record what you have chosen to do. They do not suggest, validate, or approve any dose, schedule, route, or protocol. Reminders, if you set them, repeat what you entered at the time you asked to be reminded. They are not a clinical instruction.

Where the App displays a chart of an estimated level over time, that chart is a rough illustration generated from general figures reported in published literature and from values you typed in. It is a research estimate, not a measurement of anything in your body, not a pharmacokinetic model of you, and not dosing guidance. It must not be used to decide whether, when, or how much of anything to take.

PepSense does not sell, supply, source, manufacture, compound, distribute, import, or facilitate the sale of any peptide, drug, supplement, diluent, syringe, or other compound or supply. PepSense does not link to, list, rank, review, recommend, or receive compensation from any vendor of any compound, and does not endorse any vendor.

PepSense does not encourage the consumption of any compound. Content in the App describes what published research reports.

9. The Reconstitution Calculator Is an Arithmetic Utility. Disclaimer and Assumption of Risk.

The App includes a reconstitution calculator. It is an arithmetic unit-conversion utility and nothing more. You enter values that you already have: the amount of compound stated for the vial, the volume of diluent you have decided to add, and the amount you want to measure out. The calculator applies fixed arithmetic to those numbers and returns a corresponding volume or syringe-unit equivalent. It is the same arithmetic you could do on paper or with a pocket calculator.

The calculator operates only on the numbers you supply. It does not recommend, suggest, select, validate, verify, or approve any amount. It does not generate protocols, titration schedules, or frequency guidance. It does not know, and does not evaluate, whether any amount you enter or any figure it returns is appropriate for you or for any other person. It has no knowledge of your health, your history, your prescription, your clinician's instructions, the actual contents, concentration, purity, or labeling of your vial, the diluent you are using, or the syringe you are holding.

The calculator is not medical advice, is not dosing guidance, is not a prescription aid, is not a pharmacy or compounding service, and is not a substitute for a licensed clinician or a pharmacist. Using it does not create a doctor-patient relationship, a pharmacist-patient relationship, or any other professional or fiduciary relationship. You must independently verify any figure it returns with a qualified health care professional before relying on that figure for any purpose.

The output is only as reliable as the input. If you enter an incorrect number, misread a vial label, select the wrong unit, rely on a mislabeled or misrepresented product, or use a syringe that is graduated differently than you assume, the output will be wrong even though the arithmetic is performed correctly. You are solely responsible for the values you enter, for confirming that they match the physical vial, diluent, and syringe in front of you, for interpreting the result correctly, and for anything you do with the result.

PepSense makes no representation or warranty that any calculator output is accurate, complete, reliable, error free, suitable, or fit for any particular purpose, and gives no warranty of any kind with respect to the calculator. The disclaimer of warranties in Section 15 and the limitation of liability in Section 18 apply in full to the calculator and to every output it produces.

PepSense is not a pharmacy, a compounding facility, a manufacturer, a distributor, a wholesaler, or a prescriber, and does not employ or supervise any clinician or pharmacist who reviews your inputs or outputs. PepSense does not supply, sell, source, ship, or verify any compound, any diluent, any syringe, or any other supply, and does not verify the identity, purity, concentration, sterility, or labeling of anything you possess.

• What it does: applies arithmetic to the amount of compound you say is in the vial, the volume of diluent you say you are adding, and the amount you say you want to measure out, and returns the corresponding volume or syringe-unit equivalent.
• What it does not do: recommend, suggest, select, validate, verify, or approve any amount.
• What it does not do: generate a protocol, a titration schedule, a frequency, or any administration plan.
• What it does not do: assess whether any amount is safe, effective, legal, or appropriate for you or for anyone else.
• What it does not do: know anything about your vial, your diluent, your syringe, your prescription, your clinician's instructions, or your health.
• What it is not: medical advice, dosing guidance, a prescription aid, a pharmacy service, a compounding service, or a substitute for a licensed clinician or pharmacist.
• What you must do: independently verify every figure with a qualified health care professional before relying on it, and confirm that the numbers you entered match the physical vial, diluent, and syringe in front of you.

Assumption of risk and release for the calculator

You knowingly and voluntarily assume all risk arising out of your use of the reconstitution calculator and of any figure it returns. That risk includes, without limitation, risk arising from a value you enter incorrectly, a unit you select incorrectly, a vial or product that is mislabeled or misrepresented, a diluent or syringe that differs from what you assumed, a result you read or transcribe incorrectly, and any measurement, preparation, or administration you perform.

You represent that you are not relying, and will not rely, on the calculator or on any output of the calculator as a basis for any decision about your health, about any compound, or about any amount of any compound. Any such decision is yours, made in consultation with a licensed health care professional. No output of the calculator is a representation on which you are entitled to rely for that purpose.

To the fullest extent permitted by applicable law, you release PepSense and its officers, directors, employees, agents, suppliers, and licensors from any claim, demand, damage, loss, or cause of action, known or unknown, arising out of or connected to your use of the calculator, any figure it returns, or anything you do in reliance on any figure it returns.

The limits stated in Section 10 on releases of unknown claims apply to this release as well. Nothing in this section releases, excludes, or limits any liability that cannot be released, excluded, or limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

10. Assumption of Risk, No Reliance, and Release

You understand that peptides and similar compounds can cause serious harm, including injury, illness, disability, and death, that many of them are not approved for human use, that their quality and identity are often unverified, and that obtaining or using them may be unlawful where you live. You understand that published research about them is frequently preliminary and may not apply to you.

You knowingly and voluntarily assume all risk associated with any decision you make about any compound, whether or not you learned about that compound through the App, and all risk associated with your use of the App, including your use of the reconstitution calculator described in Section 9.

You represent that you are not relying, and will not rely, on the App, on any AI-generated output, on any research summary or citation, on any chart, on any calculator output, or on any statement by PepSense as a basis for any decision about your health, about any compound, or about any dose or amount. Any such decision is yours, made in consultation with a licensed health care professional. No statement in the App is a representation on which you are entitled to rely for that purpose.

To the fullest extent permitted by applicable law, you release PepSense and its officers, directors, employees, agents, suppliers, and licensors from any claim, demand, damage, loss, or cause of action, known or unknown, arising out of or connected to your acquisition, possession, preparation, reconstitution, measurement, administration, or use of any compound, or to any decision you make about any compound.

If you reside in a jurisdiction whose law limits general releases of unknown claims, that limitation applies and this release is given only to the extent that law permits. Nothing in this section releases, excludes, or limits any liability that cannot be released, excluded, or limited under applicable law, including liability for death or personal injury caused by negligence and liability for fraud.

11. Your Content, Your Health Data, and Privacy

The App lets you record information about yourself, including the compounds in your protocol, dose events, weight entries, side effects, goal metrics such as waist, appetite, energy, skin clarity, hydration, and breakouts, progress photos, the values you enter into the reconstitution calculator, and the questions you ask (together, "Your Content").

Your Content is self-reported. PepSense does not verify it, does not review it, and does not act on it. This includes the values you enter into the reconstitution calculator, which no person at PepSense reviews or checks. Your Content is not a medical record, is not part of any clinical chart, and should not be relied on as one by you or by anyone else. If a clinician needs your history, give it to them directly rather than relying on the App.

You retain ownership of Your Content. You grant PepSense a limited, worldwide, royalty-free license to host, store, process, transmit, display, and back up Your Content solely to operate and provide the App to you, to keep it secure, and to comply with law. That license ends when you delete the content or your account, except that copies may remain in routine backups until those backups cycle out, which we expect to take up to 30 days, and except where longer retention is required by law or by a legal hold.

You are responsible for Your Content and you represent that you have the right to submit it and that submitting it does not violate anyone's rights or any law.

Our collection and use of personal information is described in the PepSense Privacy Policy, and our collection and use of consumer health data is described in the PepSense Consumer Health Data Privacy Policy at /consumer-health-data-privacy. Both are available on pepsense.ai and are linked in the App. They describe our privacy practices and apply in addition to this Agreement.

Accepting this Agreement is not consent to the processing of your health data. Where consent to health data processing is required, we ask for it separately from this Agreement and separately from any general terms, and we tell you at that time how to withdraw it.

You can delete your account and its associated data from inside the App. If you have an active subscription, deleting your account does not cancel it. See the subscription section below.

12. Subscriptions and Billing

Some features of the App require a paid subscription. Where a subscription is offered inside the iOS app, it is sold as an auto-renewable in-app purchase processed by Apple.

This Agreement does not state prices. The subscription name, the length of the subscription period, the price, the price per unit where relevant, the currency, any introductory or trial terms, and what the subscription includes during each period are shown to you on the purchase screen in the App before you buy. Those purchase screen terms control over any general description elsewhere, and prices may differ by plan, by term, and by region.

The following describes how iOS in-app subscriptions work. It is written as plain sentences so it stays readable wherever this Agreement is displayed.

• Who bills you: Apple. Payment is charged to your Apple Account at confirmation of purchase.
• Renewal: the subscription renews automatically for successive periods of the same length unless you turn off auto-renew at least 24 hours before the end of the current period.
• Renewal charge: your Apple Account is charged for renewal within 24 hours prior to the end of the current period, at the then-current price for your plan.
• Managing and cancelling: in your Apple Account settings on your device. PepSense cannot cancel an Apple subscription for you.
• Refunds: handled by Apple under the Apple Media Services Terms and Conditions. PepSense does not process refunds for App Store purchases.
• Free trials, if offered: the trial length and the amount charged after it are shown in the purchase flow. The trial converts to a paid subscription unless you cancel at least 24 hours before it ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Deleting your account: deleting your PepSense account does not cancel your Apple subscription. Cancel it in your Apple Account settings first, or billing will continue.

What each plan includes

The free tier lets you create an account, record your own protocol and metrics, browse compound reference pages, and ask research questions up to a daily question limit. That daily limit is shown in the App and may change.

A paid subscription removes the free tier's daily question limit for the subscription period, and adds the additional features identified on the purchase screen for the plan you choose. Paid subscriptions are offered in more than one term length, for example monthly and annual, where we make those terms available.

The purchase screen is the authoritative description of what a given plan includes at the time you buy it, including whether a given feature such as the reconstitution calculator is available on the free tier or on a paid plan. If we materially reduce what a subscription includes during a period you have already paid for, you may cancel and, for App Store purchases, request a refund from Apple.

Changes to plans and pricing

We may change subscription features and pricing. Price changes apply to renewal periods that begin after the change, and Apple will notify you and, where required, obtain your consent before charging a higher price for an auto-renewable subscription.

Free tier

Where a free tier is offered, it may include usage limits, may change, and may be discontinued. Nothing in this Agreement obligates PepSense to keep any free feature available.

13. Maintenance and Support

PepSense is solely responsible for providing any maintenance and support services for the App, to the extent PepSense chooses to provide them or applicable law requires them. You can reach us at support@pepsense.ai for support, or at the address and telephone number in Section 27.

You and PepSense acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

14. Warranty and Apple's Refund Remedy

PepSense is solely responsible for any product warranties for the App, whether express or implied by law, to the extent they are not effectively disclaimed in this Agreement.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are PepSense's sole responsibility.

15. Disclaimer of Warranties

Except as expressly stated in this Agreement and to the fullest extent permitted by applicable law, the App is provided "as is" and "as available", with all faults and without warranty of any kind.

PepSense and its suppliers and licensors disclaim all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the above, PepSense does not warrant that the App will be uninterrupted, timely, secure, or error free, that defects will be corrected, that the App will be compatible with any particular device or software, that content, research summaries, citations, charts, or any output of the reconstitution calculator will be accurate, complete, current, reliable, or suitable for any purpose, or that any result will be achieved from using the App.

No advice or information, whether oral or written, obtained from PepSense or through the App creates any warranty not expressly stated here.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions may not apply to you. Nothing in this section limits or excludes any warranty or right that cannot be limited or excluded under applicable law.

16. Product Claims

You and PepSense acknowledge that PepSense, not Apple, is responsible for addressing any claims of yours or of any third party relating to the App or your possession or use of the App, including but not limited to:

• product liability claims;
• any claim that the App fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection, privacy, or similar legislation, including any such claim arising in connection with any use by the App of the HealthKit or HomeKit frameworks or comparable Apple frameworks, should the App use them.

17. Intellectual Property

The App, including its software, design, text, graphics, research summaries, compilations, and the PepSense name and logo, is owned by PepSense or its licensors and is protected by copyright, trademark, and other laws. Nothing in this Agreement transfers ownership of any of it to you.

Third-party research, publications, and abstracts referenced or summarized in the App remain the property of their respective owners. PepSense claims no ownership over them.

You may not use the PepSense name, logo, or brand without our prior written permission.

Third-party intellectual property claims

You and PepSense acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, PepSense, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Feedback

If you send us suggestions, ideas, or feedback about the App, you grant PepSense a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction and without any obligation to you. Do not send us feedback you consider confidential.

18. Limitation of Liability

To the fullest extent permitted by applicable law, PepSense and its officers, directors, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or relating to this Agreement or the App, whether based on contract, tort, negligence, strict liability, or any other theory, and whether or not PepSense has been advised of the possibility of those damages. This applies to the reconstitution calculator and to any output it returns.

To the fullest extent permitted by applicable law, the total aggregate liability of PepSense arising out of or relating to this Agreement or the App will not exceed the greater of the amount you paid to PepSense or to Apple for the App and its subscriptions in the twelve months before the event giving rise to the liability, or one hundred United States dollars.

These limitations are an essential part of the bargain between you and PepSense and apply even if a limited remedy fails of its essential purpose.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct where applicable law does not permit exclusion. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some or all of the above may not apply to you. This Agreement does not limit PepSense's liability to you beyond what is permitted by applicable law.

19. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PepSense and its officers, directors, employees, agents, suppliers, and licensors from and against any claim, demand, action, loss, liability, damage, cost, or expense, including reasonable attorneys' fees, arising out of or relating to:

• your use or misuse of the App, including any decision you make about any compound;
• your use of the reconstitution calculator, including the values you enter, your interpretation of any output, and anything you do in reliance on any output;
• your breach of this Agreement or of any applicable law or regulation;
• Your Content, including any claim that it infringes or violates the rights of a third party; and
• your use of the App to advise, treat, calculate for, or make decisions for any other person.

20. Legal Compliance, Export Control, and U.S. Government End Users

You represent and warrant that you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable laws and regulations in your use of the App.

Export control

The App and any related technology are subject to United States export control laws and regulations, including the Export Administration Regulations, and may be subject to the export or import laws of other countries. You agree not to export, re-export, or transfer the App, directly or indirectly, in violation of those laws, and not to use the App for any purpose prohibited by them, including nuclear, chemical, or biological weapons proliferation.

U.S. Government end users

The App and its documentation are "commercial products" as defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Consistent with those provisions, the App is licensed to U.S. Government end users only as a commercial item and only with the rights granted to all other end users under this Agreement. No rights beyond those in this Agreement are granted.

21. Third-Party Terms

You must comply with all applicable third-party terms of agreement when using the App. For example, your use of the App must not put you in violation of your wireless data service agreement with your mobile carrier, and your use of the App must comply with the Apple Media Services Terms and Conditions and any other terms that apply to your Apple Account and your device.

The App relies on third-party services, including cloud hosting and storage, authentication, artificial intelligence, and subscription management providers. Those providers' terms may apply to their portion of the service. PepSense is not responsible for third-party services or for content, websites, or resources that are not operated by PepSense.

You are responsible for any data charges, roaming charges, or other fees your carrier or internet provider imposes in connection with your use of the App.

22. Apple as Third-Party Beneficiary

You and PepSense acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary of it.

23. Term and Termination

This Agreement takes effect when you first download, install, or use the App and continues until it is terminated.

You may terminate this Agreement at any time by deleting the App from your devices and, if you have an account, deleting your account in the App. Deleting your account does not cancel an active Apple subscription. Cancel that separately in your Apple Account settings.

PepSense may suspend or terminate your access to the App or to your account, in whole or in part, if you breach this Agreement, if we reasonably believe your use creates legal risk or risk of harm to you or others, if required by law or by Apple, or if we discontinue the App. Where practical and lawful, we will give you notice.

On termination, the license granted in this Agreement ends immediately and you must stop using the App and delete it.

Any provision that by its nature should survive termination will survive, including without limitation Sections 2, 6, 7, 8, 9, 10, 11, 12, 13, and 14 through 27.

Termination does not entitle you to a refund except where required by law or where Apple grants one under its own policies.

24. Changes to This Agreement and to the App

We may update this Agreement. When we do, we will post the updated version with a new effective date and, for material changes, give notice in the App or by email before the change takes effect.

If you continue to use the App after the updated Agreement takes effect, you accept it. If you do not accept it, stop using the App and delete your account.

We may also change, suspend, or discontinue any part of the App, including the reconstitution calculator and features available on the free tier, at any time. Where a change materially reduces what a paid subscription includes during a period you have already paid for, see the subscription section for your options.

25. Dispute Resolution, Arbitration, Class Action Waiver, and Governing Law Are Set Out in the Terms of Service

This Agreement does not contain its own dispute resolution, arbitration, class action waiver, or governing law provisions, and it does not select a court or a forum.

Dispute resolution for all users, including users of the iOS App, is governed by the dispute resolution and governing law provisions of the PepSense Terms of Service, available at /terms. Those provisions, including the agreement to arbitrate, the class action waiver, any right to opt out of arbitration, the informal resolution period, the governing law clause, and the forum provisions, are incorporated into this Agreement by reference and apply to any dispute arising out of or relating to this Agreement or the App, including any dispute relating to the reconstitution calculator.

In the event of any conflict or inconsistency between this Agreement and the PepSense Terms of Service on the subject of dispute resolution, arbitration, the class action waiver, or governing law, the Terms of Service control, notwithstanding anything to the contrary anywhere in this Agreement.

Read the dispute resolution section of the Terms of Service before you accept this Agreement. It affects how claims between you and PepSense are resolved and may limit your ability to bring or participate in a class action.

Nothing in this section or in the Terms of Service deprives you of the protection of mandatory consumer protection provisions of the law of the place where you habitually reside, or of any right you have under applicable law to bring proceedings in the courts of that place.

Nothing in this section affects Apple's rights as a third-party beneficiary under Section 22.

26. General

Entire agreement and how the documents fit together

This Agreement, together with the PepSense Terms of Service, the PepSense Privacy Policy, the PepSense Consumer Health Data Privacy Policy at /consumer-health-data-privacy, and any terms presented to you at the point of purchase, is the entire agreement between you and PepSense about the App, and it replaces any prior agreement or understanding on that subject.

The Terms of Service apply to your use of the App in addition to this Agreement. They are not superseded, narrowed, or replaced by this Agreement, and their protective provisions, including any assumption of risk, no-reliance, release, and limitation provisions, apply to iOS users as well as to everyone else.

Where two of these documents actually conflict, the following single hierarchy applies, and the same hierarchy is stated in each of the documents. First, the Apple Media Services Terms and Conditions control over any conflicting usage rule for the App. Second, the Terms of Service control on dispute resolution, arbitration, the class action waiver, and governing law. Third, the Privacy Policy and the Consumer Health Data Privacy Policy control on privacy, consent, and data handling. Fourth, terms presented at the point of purchase control on the price, term, and contents of the plan you bought. Fifth, this Agreement controls on the license to use the iOS App and on the Apple required terms in Section 1. In all other cases the more specific document controls for its subject matter.

Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or, if that is not possible, severed, and the remaining provisions will stay in full force and effect.

No waiver

Our failure to enforce any provision is not a waiver of it. A waiver is effective only if it is in writing and signed by us.

Assignment

You may not assign or transfer this Agreement or any rights under it without our prior written consent, and any attempt to do so is void. We may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate.

No other third-party beneficiaries

Except for Apple and Apple's subsidiaries as described in Section 22, and except for the PepSense parties named in the limitation of liability, release, and indemnification sections, this Agreement does not create any third-party beneficiary rights.

Force majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, other than a payment obligation.

Notices

We may give you notice through the App, by email to the address on your account, or by posting on pepsense.ai. You may give us notice by email or at the mailing address in Section 27.

Headings and language

Headings are for convenience only and do not affect interpretation. This Agreement is written in English. If we provide a translation, the English version controls to the extent applicable law permits.

27. Developer Name, Address, and Contact Information

The developer of the App is PepSense, Inc., a Delaware corporation.

Direct any question, complaint, or claim regarding the App to PepSense using the contact details below. We aim to respond to support and legal inquiries within five business days.

Apple is not responsible for responding to questions, complaints, or claims about the App. Send them to PepSense.

• Developer name: PepSense, Inc.
• Mailing address: 914 N San Francisco St, Flagstaff, AZ 86001
• Telephone: 226-887-5798
• Email: support@pepsense.ai
• Website: pepsense.ai