Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING DRIVEPHASE

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and DrivePhase LLC, an Indiana limited liability company ("DrivePhase," "Company," "we," "us," or "our"), governed by its managing member, governing your access to and use of the DrivePhase mobile application, website, and related services (collectively, the "Service").

1.1 Agreement to Terms

By accessing or using DrivePhase, you represent and warrant that:

• You have read and understand these Terms in their entirety
• You have the legal capacity to enter into this Agreement
• You are at least 13 years of age (or the minimum age required in your jurisdiction)
• If you are between 13 and 18 years of age, you have obtained parental or guardian consent
• You will comply with all applicable laws and regulations

1.2 Modifications to Terms

DrivePhase reserves the right to modify these Terms at any time.

Non-material changes. For changes that do not materially affect your rights or obligations (such as clarifications, formatting, contact-detail updates, or corrections), we will post the updated Terms with a new "Last Updated" date, and your continued use of the Service after that date constitutes acceptance of the updated Terms.

Material changes — affirmative re-acceptance. For changes that materially affect your rights or obligations, we will provide notice via email and/or in-app notification at least thirty (30) days before the changes take effect, and we will require your affirmative acceptance (for example, by presenting the updated Terms in the app and asking you to tap to agree, or by asking a parent or guardian to agree on behalf of a User under 18). Material changes will not bind you by continued use alone. If you do not affirmatively accept the modified Terms, you may continue using the Service under the most recent version you accepted until the prior version is retired, after which you must discontinue use of the Service and may delete your account as described in Section 15.1.

Changes to Section 13 (Dispute Resolution). If we make a material change to Section 13 (Dispute Resolution), you will have a fresh thirty (30) day window, beginning when the change takes effect, to opt out of the arbitration agreement and class action waiver as described in Section 13.6, regardless of whether you opted out of any earlier version. A material change to Section 13 will not apply retroactively to any dispute of which we had actual notice before the change took effect.

1.3 Additional Terms

Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time of access. Such additional terms are incorporated by reference into these Terms.

2.1 Service Overview

DrivePhase is an AI-powered athletic performance analysis platform that provides:

• Video analysis of track and field sprinting technique using computer vision and biomechanical modeling
• AI-generated form feedback and performance insights
• Nutrition tracking and AI-powered dietary analysis
• Training plan generation and workout tracking
• DrivePhase Intelligence, including chat, app-context tools, reminders, saved memories, and generated artifacts
• Profile management, a private Workout Mode roster you create, and the ability to export or share your own content (for example, stat cards, downloaded videos, and referral codes) to other apps using your device's share sheet
• Local and cloud storage, sync, subscriptions, and account-management features

DrivePhase is a single-user app. It does not provide public profiles, social feeds, friends, followers, discovery, or messaging between users, and your account and content are private to you and are not visible to other DrivePhase users inside the app.

2.2 Service Availability

DrivePhase is provided on an "as available" basis. We do not guarantee uninterrupted, continuous, or secure access to the Service. The Service may be modified, suspended, or discontinued at any time without prior notice.

2.3 Supported Platforms

DrivePhase is available on iOS, Android, and macOS. System requirements and supported versions may change over time.

2.4 Limited App License

Subject to your compliance with these Terms, DrivePhase grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control and as permitted by the Apple App Store, Google Play, or other applicable distribution platform rules. For Apple-distributed versions, this license is limited to use on Apple-branded products you own or control and as permitted by Apple Media Services Terms, including Family Sharing or volume purchasing where applicable. You do not acquire any ownership interest in the app, software, content, models, systems, or Service.

3.1 Age Requirements

• Minimum Age: You must be at least 13 years of age to use DrivePhase
• Parental Consent: Users between 13 and 18 years of age must have parental or legal guardian consent prior to creating an account
• Age Verification: We reserve the right to request verification of age and parental consent at any time
• COPPA Compliance: We comply with the Children's Online Privacy Protection Act (COPPA). If we discover that a user under 13 has created an account without parental consent, we will terminate the account and delete associated data

3.2 Account Creation

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Restrictions

• One person or legal entity may maintain only one (1) account
• Accounts are personal and non-transferable
• You may not share your account credentials with any third party
• You may not create accounts on behalf of others without their authorization
• Corporate or team accounts require separate agreement

3.4 Account Verification

We may require identity verification for certain account activities, including but not limited to data access requests or dispute resolution.

3.5 SMS and Phone Verification

If you choose to register or verify your account using a phone number, DrivePhase (or its providers) may send you a one-time passcode (OTP) and related account-security or transactional text messages to that number. These messages are transactional and are sent to operate and secure your account, not for marketing. Message frequency varies, and message and data rates may apply under your wireless plan. By providing a phone number for verification, you confirm you are authorized to use that number and consent to receive these transactional texts. DrivePhase will not send you promotional or marketing SMS without your separate, prior consent, which you may decline or withdraw at any time. To stop transactional verification texts, stop using phone-based sign-in or contact support@drivephaseai.com; note that disabling them may limit your ability to verify or recover your account.

4.1 Subscription Tiers

DrivePhase offers the following subscription tiers:

Pricing, trials, features, quotas, and storage limits may vary by platform, region, beta status, app-store configuration, promotional offer, or account status. Pricing is subject to change with at least thirty (30) days notice to existing subscribers where required by law or platform rules.

4.2 Free Trial

New users are eligible for a one-time seven (7) day free trial of Pro features:

• Free trial is limited to one (1) trial per person, device, or payment method
• The free trial is offered on the annual plan; weekly and monthly plans (where offered) bill immediately and do not include a trial
• A valid payment method on your App Store or Google Play account is required to start the trial
• Your trial begins when you activate it on the subscription screen, and it automatically converts to the then-current Pro price ($99.00/year) at the end of the trial period unless you cancel at least 24 hours before the trial ends (see Section 4.5 for how to cancel)
• Trial abuse (including creating multiple accounts to obtain additional trials) may result in account termination

4.3 Billing and Payment

Paid subscription features are available when subscription billing is active. Subscription availability may vary by platform and region.

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Payments are processed through Apple App Store, Google Play Store, and subscription infrastructure providers such as RevenueCat
• DrivePhase does not directly collect, process, or store payment card information
• You authorize DrivePhase, the applicable app store, and applicable billing providers to charge your selected payment method
• Prices displayed are in United States Dollars (USD) unless otherwise specified
• Applicable taxes may be added to subscription prices

4.4 Automatic Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS CANCELED.

• Your subscription will automatically renew at the end of each billing period
• Renewal charges occur within 24 hours prior to the end of the current billing period
• The renewal rate will be the then-current subscription price
• You are responsible for canceling your subscription prior to renewal if you do not wish to continue

4.5 Cancellation

You may cancel your subscription at any time through your device settings:

iOS: Settings > [Your Name] > Subscriptions > DrivePhase > Cancel Subscription

Android: Google Play Store > Menu > Subscriptions > DrivePhase > Cancel Subscription

• Cancellation takes effect at the end of the current billing period
• You retain access to Pro features until the subscription expires
• DrivePhase cannot cancel subscriptions on your behalf
• No partial refunds are provided for unused subscription periods
• If DrivePhase terminates your account for reasons other than your breach of these Terms, you may be entitled to a pro-rated refund for the unused portion of your current billing period, at DrivePhase's discretion.

4.6 Refunds

• All subscription payments are processed by Apple App Store or Google Play Store
• Refund requests must be submitted directly to the applicable app store
• DrivePhase cannot process refunds for subscription payments
• Refund eligibility is determined by Apple or Google's refund policies:
  • Apple: https://support.apple.com/en-us/118223
  • Google: https://support.google.com/googleplay/answer/2479637

4.7 Subscription Changes

• Upgrading: Upgrades from Free to Pro take effect immediately; you will be charged the full subscription price
• Downgrading: Downgrades take effect at the end of your current billing period
• Data Retention: When downgrading to Free tier, content exceeding Free tier limits may be archived or deleted after 30 days notice
• No Pro-Rating: Subscription changes do not include pro-rated refunds or credits

4.8 Payment Failures

Because all paid subscriptions are billed and managed by the Apple App Store or Google Play, payment retries, grace periods, and related notices are handled by those stores under their published policies and your store account settings.

• If a renewal charge is declined, the applicable app store may place your subscription into a billing-retry or grace period and attempt to recover payment over a period of days before the subscription lapses. The exact duration and behavior are set by Apple or Google, not by DrivePhase.
• Apple or Google will typically notify you of a failed or pending payment and may prompt you to update your payment method. DrivePhase does not control these notifications and does not separately collect your payment card details.
• Your access to Pro features generally continues during any applicable store grace period. Pro access ends when the subscription lapses or is canceled, after which your account reverts to the Free tier (subject to the Free-tier limits in Section 4.1).
• If your subscription lapses, you can restore Pro access by updating your payment method with the app store or by re-subscribing. Where the app store reinstates a subscription after a successful retry, your entitlement is synchronized automatically (including through providers such as RevenueCat).

4.9 Referral and Promotional Codes

DrivePhase may from time to time offer referral links, promotional codes, influencer codes, or similar credits or discounts. Any such program is governed by the separate Referral & Promotional Program Terms, which are incorporated into these Terms by reference and may be presented in-app or on https://drivephaseai.com.

• Eligibility. Participation is limited to Users who are at least 18 years old, or Users aged 13–17 who have parental or legal guardian consent. A parent or guardian who consents is responsible for the minor's participation.
• No cash value. Codes and credits have no cash value, are non-transferable except as expressly stated, cannot be combined unless we say so, and may expire.
• Anti-abuse. Creating multiple or fake accounts, self-referrals, bot-driven sign-ups, or other manipulation to obtain credits is prohibited and may result in forfeiture of credits and account action under Section 5 and Section 15. We may modify, suspend, or end any referral or promotional program at any time, and may void codes obtained through fraud or abuse.
• Store interaction. Where a credit or discount applies to a paid subscription, it is applied through, and subject to the rules of, the Apple App Store or Google Play.

5.1 General Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you create, upload, or share.

5.2 Prohibited Content

You agree NOT to create, upload, post, transmit, or share any content that:

Harmful Content:

• Contains threats, harassment, bullying, or intimidation
• Promotes or glorifies violence, self-harm, or suicide
• Contains graphic violence, gore, or disturbing imagery
• Exploits, endangers, or sexualizes minors in any way

Hateful Content:

• Attacks individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or medical condition
• Contains slurs, derogatory language, or hate symbols
• Promotes or supports hate groups or extremist organizations

Adult Content:

• Contains nudity, sexually explicit material, or pornography
• Contains sexually suggestive content involving minors
• Promotes sexual services or solicitation

Illegal Content:

• Violates any applicable local, state, national, or international law
• Promotes illegal activities, including drug use or trafficking
• Contains or promotes performance-enhancing drugs or banned substances
• Infringes on intellectual property rights (copyright, trademark, patent)
• Contains malware, viruses, or other harmful code

Deceptive Content:

• Contains false, misleading, or fraudulent information
• Impersonates any person, entity, or brand
• Misrepresents athletic credentials, records, or achievements
• Promotes scams, pyramid schemes, or fraudulent offers

Spam and Abuse:

• Unsolicited advertising, promotions, or commercial solicitation
• Repetitive, mass-distributed, or automated content
• Phishing attempts or malicious links
• Content designed to artificially inflate engagement

5.3 Prohibited Activities

You agree NOT to:

Platform Abuse:

• Create multiple accounts or circumvent account restrictions
• Use bots, scripts, crawlers, or automated tools without authorization
• Attempt to reverse engineer, decompile, or extract source code
• Bypass, disable, or interfere with security features
• Exploit bugs, vulnerabilities, or system errors
• Manipulate AI features, rate limits, or usage restrictions

Data Abuse:

• Harvest, scrape, or collect user information without consent
• Store or transmit other users' personal information
• Share or sell user data to third parties
• Access accounts or data belonging to other users

Service Disruption:

• Interfere with or disrupt the Service or servers
• Overload infrastructure with excessive requests
• Introduce malicious code or security threats
• Conduct denial-of-service attacks

5.4 Enforcement

Violations of these conduct standards may result in:

• Content removal
• Account warning
• Temporary suspension (24 hours to 30 days)
• Permanent account termination
• Legal action where appropriate
• Reporting to law enforcement for illegal activity

6.1 Zero Tolerance Policy

DrivePhase maintains zero tolerance for objectionable content, particularly:

• Child sexual abuse material (CSAM)
• Credible threats of violence
• Content promoting terrorism
• Non-consensual intimate imagery

Such content will result in immediate permanent ban and may be reported to law enforcement.

6.2 Reporting Issues

To report violations or issues:

• Email support@drivephaseai.com with details
• We will review and respond within 5 business days

7.1 DrivePhase Intellectual Property

The Service, including but not limited to the software, algorithms, AI models, user interface, graphics, logos, trademarks, and all related intellectual property, is owned by or licensed to DrivePhase LLC. All rights not expressly granted herein are reserved.

You may not:

• Copy, modify, adapt, or create derivative works
• Distribute, license, sell, or transfer any part of the Service
• Use DrivePhase trademarks without written permission
• Remove or alter proprietary notices or labels

7.2 User Content License

By uploading, posting, or transmitting content to DrivePhase ("User Content"), you grant DrivePhase LLC a non-exclusive, worldwide, royalty-free license to:

• Store and Display: Store, reproduce, and display your content to provide the Service
• Process and Analyze: Process your content for video analysis, AI form feedback, sprint analysis feedback, and feature functionality
• Operate and Improve the Service: Use data derived from your content to operate, improve, and develop the Service, including its analysis accuracy, reliability, and features, consistent with the limits in Section 8.5
• Enforce Policies: Review content for compliance with these Terms

This license is sublicensable and transferable only as follows: (a) to DrivePhase's service providers, hosting and infrastructure vendors, and AI processors solely to the extent needed to operate and provide the Service on DrivePhase's behalf; and (b) to a successor-in-interest in connection with a merger, acquisition, reorganization, or sale of all or substantially all of DrivePhase's assets, provided the successor remains bound by these Terms and the Privacy Policy with respect to your User Content. Except as stated in this Section, DrivePhase will not sublicense or transfer this license to any third party.

Consistent with Section 8.5, DrivePhase will not use personally identifiable User Content to train any third-party AI provider's public models, and does not train its own foundational models on identifiable User Content.

This license continues for the duration of your account and for a reasonable period thereafter to enable backup restoration, dispute resolution, and legal compliance, after which it terminates in accordance with the retention and destruction schedule in Section 8.6 and Section 15.4.

7.3 Content Ownership

You retain all ownership rights to your User Content. The license granted above does not transfer ownership.

7.4 Content Representations

By uploading, posting, sharing, or generating User Content, you represent and warrant that:

• You own or have the necessary rights to the content
• Your content does not infringe any third party's intellectual property rights
• Your content does not violate any applicable law
• You have obtained all consents and rights necessary for DrivePhase to use the content as permitted by Section 7.2
• You have obtained consent from all identifiable individuals appearing in videos you upload
• For any name, image, likeness, performance data, or other identifying information of a person other than yourself that appears on or is incorporated into DrivePhase-branded shared assets (including shareable stat cards, exported clips, and similar materials), you have obtained that person's consent (or, where that person is a minor, the consent of their parent or legal guardian) to display and share it
• If any User Content you upload, share, or generate depicts, names, or identifies a minor (a person under 18), you have obtained consent from that minor's parent or legal guardian before uploading or sharing it

7.5 DMCA and Copyright Claims

DrivePhase respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

To submit a copyright infringement notice, contact:

Include: (1) identification of the copyrighted work, (2) identification of the infringing material with sufficient detail to locate it, (3) your contact information, (4) a statement of good faith belief, (5) a statement of accuracy under penalty of perjury, and (6) your physical or electronic signature.

Counter-Notification:

If you believe your content was wrongfully removed due to a DMCA notice, you may submit a counter-notification to support@drivephaseai.com. Your counter-notification must contain: (1) your physical or electronic signature, (2) identification of the removed material and its location before removal, (3) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification, (4) your name, address, and telephone number, and (5) a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located (or the Southern District of Indiana if your address is outside the United States), and that you will accept service of process from the person who submitted the original DMCA notice.

Upon receipt of a valid counter-notification, we will provide the original complainant with a copy and restore the material not less than 10 nor more than 14 business days after we receive your counter-notification, unless the original complainant first notifies us that it has filed a court action seeking to restrain the allegedly infringing activity.

Repeat Infringers. Consistent with 17 U.S.C. § 512(i), DrivePhase has adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of Users who are determined to be repeat infringers of the copyrights or other intellectual property rights of others. We may also, in our discretion, limit access to the Service or remove content of any User who we believe is infringing the intellectual property rights of others, with or without prior notice.

8.1 AI-Powered Analysis

DrivePhase uses artificial intelligence and machine learning technologies, including but not limited to:

• MediaPipe for pose estimation and biomechanical analysis
• OpenAI API models for form feedback, Intelligence, training, and nutrition responses
• Computer vision for video processing and annotation
• Nutrition recognition AI for food photo analysis

8.2 AI Limitations and Disclaimers

AI IS NOT INFALLIBLE. You acknowledge and agree that:

• AI analysis and recommendations may contain errors or inaccuracies
• AI-generated content is for informational and educational purposes only
• AI form feedback does not replace professional coaching, medical advice, or expert consultation
• You should independently verify important information before acting on AI recommendations
• AI responses may not be appropriate for all users or situations

8.3 AI Data Processing

When you use AI features, your data may be processed by third-party AI providers:

OpenAI API:

• Processes AI chat messages, form-feedback requests, generated training content, and nutrition recognition requests
• May process food photos and other user-provided inputs you submit for AI features
• May receive compact app context, derived sprint metrics, training context, saved memory snippets, and tool results when needed to generate a response
• Does not receive your payment card details or account password from DrivePhase
• DrivePhase uses OpenAI's API business services. Based on OpenAI's current API data controls, API inputs and outputs are not used to train OpenAI models, and abuse monitoring logs may be retained by OpenAI for up to 30 days unless different approved retention controls apply.
• Privacy Policy: https://openai.com/privacy

8.4 AI Content Restrictions

Our guardrails. DrivePhase Intelligence and our other AI features are built with safety guardrails. By design, the Service is intended to refuse, redirect, or limit requests that seek a medical diagnosis or treatment plan, that promote self-harm or suicide, that promote, instruct, or encourage disordered eating or unsafe weight loss, or that seek information to obtain or use performance-enhancing drugs or banned substances. Where a message indicates a possible mental-health, self-harm, or eating-disorder crisis, the Service may decline to continue and may instead surface crisis resources, including the 988 Suicide & Crisis Lifeline (call or text 988) and a recommendation to consult a qualified healthcare professional. These guardrails are a safety feature, not a substitute for professional care, and may not catch every harmful request.

Your covenant. When using AI chat and other AI features, you agree NOT to:

• Request a medical diagnosis or treatment recommendations
• Seek information about performance-enhancing drugs or banned substances
• Seek content that promotes or instructs self-harm, suicide, or disordered eating
• Submit questions unrelated to athletic training and performance
• Attempt to bypass, disable, or defeat AI safety measures or guardrails
• Generate harmful, illegal, or prohibited content through AI

8.5 AI Training and Improvement

By using the Service, you grant DrivePhase permission to use aggregated, anonymized, or de-identified data derived from your usage to:

• Evaluate, test, and improve our systems
• Enhance analysis accuracy and feedback quality
• Develop new features and capabilities
• Monitor safety, reliability, and abuse

DrivePhase does not use personally identifiable video, health, nutrition, or message content to train any third-party AI provider's public models, and does not train its own foundational or proprietary models on identifiable User Content. The improvement activities above use only aggregated, anonymized, or de-identified data.

You may opt out of contributing your de-identified data to these improvement activities by contacting support@drivephaseai.com. Opting out does not affect data sent to third-party AI providers to deliver a feature you request, which is governed by their respective policies.

8.6 Biometric-Derived Data and Body Geometry

When you upload videos for sprint analysis, DrivePhase uses pose estimation technology (MediaPipe and Google ML Kit) to extract body movement data, including skeletal landmark positions and body geometry measurements ("Pose Data"). This Pose Data is used solely for the purpose of providing athletic performance analysis and form feedback.

Notice Regarding Body Geometry Data:

• Data Collected: From your uploaded video, the Service derives (i) sprint performance metrics and (ii) a per-frame body-geometry coordinate time-series — for example, skeletal pose landmarks (33 body points, including joint positions) and body-center and ankle pixel coordinates over the duration of the clip (collectively, "Pose Data" or "Biometric-Derived Data").
• Purpose: Athletic biomechanical analysis, including hip angle, shin angle, forward lean, ground contact time, velocity, sprint-phase detection, and scoring.
• How raw video is handled: Raw, full-resolution video frames are processed transiently to perform the analysis and are not retained as part of the Pose Data record. What we retain is the derived sprint metrics and the derived body-geometry coordinate time-series described above — not your raw frames.
• Retention: The derived sprint metrics and the derived body-geometry coordinate time-series are retained for the duration of your account so you can view history, trends, and comparisons. In no event will Pose Data be retained for more than three (3) years after your last interaction with the Service, after which it is deleted in the ordinary course.
• Retention and Destruction Schedule: Pose Data is destroyed on the earliest of: (a) within thirty (30) days after you delete your account (active systems); (b) within ninety (90) days for residual copies in encrypted backups; (c) within three (3) years after your last interaction with the Service; or (d) when the initial purpose for collecting it has been satisfied and no exception under applicable law (such as a legal hold) requires continued retention. This schedule is the written retention-and-destruction schedule for Biometric-Derived Data and matches the schedule in our Privacy Policy.
• No Sale: We do not sell, lease, trade, or otherwise profit from your Pose Data.
• No Identification: Pose Data is not used to identify you and is not linked to biometric identifiers such as fingerprints or facial-recognition templates.
• Consent: By uploading video content to DrivePhase after receiving this notice, you consent to the collection, use, retention, and destruction of Pose Data as described in this Section and in our Privacy Policy. You may withdraw consent at any time by ceasing to upload videos and requesting deletion of your account (Section 15.1), which triggers destruction under the schedule above.

8.7 AI-Generated Content Ownership

AI-generated content provided through the Service (including form feedback, training plans, analysis reports, and nutrition insights) is generated by third-party AI models and provided to you as-is for informational purposes. DrivePhase does not warrant the accuracy, completeness, or fitness of AI-generated content for any particular purpose. You may use AI-generated content for your personal, non-commercial purposes. AI-generated content may not be protectable under copyright law.

9.1 Service Providers

DrivePhase integrates with the following third-party services:

Cloud Infrastructure:

• Supabase: Database, authentication, and file storage (https://supabase.com/privacy)
• Google Cloud Platform: Backend API hosting and computing (https://cloud.google.com/privacy)

AI Services:

• OpenAI: AI chat and analysis (https://openai.com/privacy)
• MediaPipe (Google): Local pose estimation (no data transmitted)

Nutrition APIs:

• FatSecret: Nutrition database (https://www.fatsecret.com/privacy)
• USDA FoodData Central: Food composition data (public government API)
• Open Food Facts: Community nutrition database (https://world.openfoodfacts.org/privacy)

Payment Processing:

• Apple App Store: iOS subscriptions (https://www.apple.com/privacy)
• Google Play Store: Android subscriptions (https://policies.google.com/privacy)
• RevenueCat: Subscription entitlement management and purchase status synchronization (https://www.revenuecat.com/privacy)

Analytics, Diagnostics, Communications, and Search:

• PostHog: Product analytics when configured (https://posthog.com/privacy)
• Sentry: Crash and error reporting when configured (https://sentry.io/privacy)
• Resend: Operational, security, and administrative email delivery when configured (https://resend.com/privacy)
• Tavily: Pro-only Intelligence web search when configured (https://tavily.com/privacy)

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms of service and privacy policies. DrivePhase is not responsible for third-party practices.

9.3 External Links

The Service may contain links to third-party websites or services. DrivePhase is not responsible for the content, privacy practices, or availability of external sites.

10.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Results

DrivePhase does not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results from the Service will be accurate or reliable
• Any errors will be corrected
• Use of the Service will improve your athletic performance

10.3 Athletic and Training Disclaimer

ASSUMPTION OF RISK AND WAIVER

DRIVEPHASE IS NOT A SUBSTITUTE FOR PROFESSIONAL COACHING, MEDICAL ADVICE, OR PERSONAL TRAINING.

You expressly acknowledge and agree that:

• Physical exercise and athletic training carry inherent risks of injury, illness, disability, and death
• AI-generated training plans, workout recommendations, and form feedback are generated by artificial intelligence and may not account for your individual physical condition, medical history, or limitations
• You are solely responsible for evaluating your own physical condition and fitness to perform any exercise or training activity
• You should consult a qualified physician before beginning any exercise program, particularly if you have pre-existing medical conditions, injuries, or health concerns
• You should consult a qualified coach for personalized training guidance
• We do not diagnose, treat, or prevent any medical condition or injury
• You voluntarily assume all risks associated with athletic training activities undertaken based on information provided through the Service
• To the maximum extent permitted by applicable law, you waive any and all claims against DrivePhase arising from injuries sustained during training activities based on Service information

For users under 18: Minors should obtain parental or guardian guidance before following any training recommendations and should be supervised during training activities.

Limits on this waiver. Notwithstanding the waiver above, and subject to Section 11.4 (which controls if there is any conflict): (a) this waiver does not apply to a User who is a minor under 18 to the extent applicable law does not permit such a User (or a parent or guardian on the User's behalf) to waive these claims; and (b) nothing in this Section waives or limits any liability for gross negligence, recklessness, willful misconduct, or fraud by DrivePhase, or any claim for personal injury or death that cannot be waived under applicable law. Where any portion of this waiver is unenforceable, the remainder is enforced to the maximum extent permitted by law.

10.4 Nutrition & Health Disclaimer

DRIVEPHASE DOES NOT PROVIDE MEDICAL, DIETARY, OR NUTRITIONAL ADVICE.

Educational Use Only. Nutritional information provided through the Service — including but not limited to calorie goals, macronutrient targets, food recognition, meal logging, and AI-generated nutrition insights — is for educational and performance-tracking purposes only and is not medical advice. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

Consult a Qualified Professional. Consult a registered dietitian or physician before making dietary changes based on information from the Service. For personalized nutrition advice, medical nutrition therapy, eating disorder support, or any health concerns, always seek guidance from a qualified healthcare professional.

Not Suitable for Certain Users. DrivePhase is not suitable for users with:

• Eating disorders (including anorexia nervosa, bulimia nervosa, binge eating disorder, ARFID, or orthorexia)
• Diabetes (Type 1, Type 2, or gestational)
• Pregnancy or lactation
• Kidney disease, liver disease, or other chronic medical conditions
• Any medical condition requiring prescribed dietary restrictions

Users with any of the above conditions must not use the Service's nutrition features without explicit written approval from a qualified physician. Minors (users under 18) should only track nutrition or calorie intake under the supervision of a parent, legal guardian, or healthcare provider. DrivePhase is not designed or intended for weight-loss or weight-management purposes in minors.

Accuracy Limitations.

• Nutrition features are for tracking and informational purposes only
• AI nutrition estimates, including calorie counts and macronutrient breakdowns, may be significantly inaccurate
• AI food recognition cannot reliably detect food allergens, contaminants, or ingredients that may cause adverse reactions
• Do not rely on DrivePhase to manage food allergies, intolerances, or medical dietary requirements

No Liability for Health Outcomes. To the maximum extent permitted by applicable law, DrivePhase is not liable for any health outcomes, injuries, illnesses, or damages resulting from use of this app, including but not limited to any reliance you place on calorie goals, macronutrient targets, AI-generated food analysis, meal recommendations, or any other nutrition-related content provided through the Service. You assume full responsibility for your dietary choices and any consequences arising from them.

10.5 Not a Medical Device

DrivePhase is not a medical device and has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory body. The Service is not intended to diagnose, treat, cure, mitigate, or prevent any disease, injury, or medical condition. Nothing in the Service should be construed as medical advice. Always seek the advice of a qualified healthcare professional with any questions regarding a medical condition.

10.6 User Content Disclaimer

We do not endorse, verify, or guarantee the accuracy of User Content, including AI-generated outputs. You rely on User Content and AI-generated outputs at your own risk.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIVEPHASE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or goodwill
• Business interruption
• Personal injury or property damage
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties
• Any other intangible losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF DRIVEPHASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRIVEPHASE'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT YOU PAID TO DRIVEPHASE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR

(b) FIFTY UNITED STATES DOLLARS ($50.00 USD)

The exclusions in Section 11.1 and the cap in this Section 11.2 do not apply to, and shall not be read to limit: (i) liability for gross negligence, recklessness, willful misconduct, or fraud by DrivePhase; (ii) liability for personal injury or death to the extent it cannot be limited under applicable law; or (iii) any liability that cannot be excluded or limited under applicable law, including liability owed to a User who is a minor under 18 where applicable law does not permit such limitation. This Section 11.2 is subject to Section 11.4 (Jurisdictional Variations), which controls if there is any conflict.

11.3 Essential Purpose

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.4 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY, INCLUDING LIABILITY FOR PERSONAL INJURY CAUSED BY NEGLIGENCE. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.1 Your Indemnification Obligations

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DrivePhase LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property rights
• Your violation of any applicable law or regulation
• Any dispute between you and another user
• Injuries sustained during training activities based on Service information
• Any claim that your User Content caused damage to a third party

Limits on indemnification. This indemnification does not apply to, and you are not required to indemnify DrivePhase for: (a) any obligation of a User who is a minor under 18 to the extent applicable law does not permit enforcement of an indemnity against that User (in which case this obligation runs only against the consenting parent or legal guardian to the extent permitted by law); (b) liability arising from DrivePhase's own gross negligence, recklessness, willful misconduct, or fraud; or (c) personal-injury or other claims that cannot be subject to indemnification under applicable law. This Section is subject to Section 11.4 (Jurisdictional Variations), which controls if there is any conflict.

12.2 Defense and Settlement

DrivePhase reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate with our defense. You may not settle any claim without our prior written consent.

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact DrivePhase at support@drivephaseai.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within sixty (60) days.

13.2 Binding Arbitration

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

This Section 13 evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this arbitration agreement, notwithstanding the governing-law provision in Section 14.1.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively through binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify
• Either party may seek injunctive relief in court for intellectual property infringement

Arbitration Rules:

• Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Arbitration shall take place in Indianapolis, Indiana, or at a mutually agreed location, or via video/telephone if requested
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

Arbitration Fees:

• For claims under $10,000, DrivePhase will pay all AAA filing and arbitrator fees
• For claims over $10,000, fees will be shared per AAA rules
• Each party shall bear its own attorneys' fees unless the arbitrator awards fees to the prevailing party

Users Under 18 (Infancy and Disaffirmance). This arbitration agreement is intended to bind a User who is a minor under 18 only to the fullest extent permitted by applicable law. To the extent applicable law does not permit binding arbitration of a minor's claims, or to the extent a minor is entitled to and does disaffirm this Agreement (in whole or in part) under the infancy doctrine, that minor (or the parent or legal guardian acting on the minor's behalf) is not bound by this Section 13 and may pursue such claims in a court of competent jurisdiction. A minor's disaffirmance of, or inability to be bound by, this arbitration agreement does not by itself invalidate this Section 13 as to any other User, including a parent or legal guardian who agreed to these Terms on the minor's behalf or who has their own claim, and the remainder of this Section 13 continues to apply to all other parties and claims.

13.3 Class Action Waiver

YOU AND DRIVEPHASE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate multiple persons' claims and may not preside over any form of class, collective, or representative proceeding, except as expressly provided in Section 13.4 (Mass-Arbitration Batching).

Enforceability decided by a court; no class arbitration. Notwithstanding the delegation provision in Section 13.5, the enforceability, validity, and scope of this Section 13.3 (Class Action Waiver) shall be decided only by a court of competent jurisdiction and not by an arbitrator. If this Section 13.3 is found to be unenforceable as to a particular claim, then that claim — and only that claim — shall be severed and decided in a court of competent jurisdiction rather than in arbitration, and in no event shall any class, collective, or representative proceeding be conducted in arbitration. The remainder of this Section 13, including the agreement to arbitrate individual claims, shall continue to apply.

13.4 Mass-Arbitration Batching

If twenty-five (25) or more arbitration demands of a substantially similar nature are filed against DrivePhase by or with the assistance of the same counsel or coordinated group of counsel within a ninety (90) day period ("Coordinated Claims"), the parties agree that the Coordinated Claims will be administered in sequential, staged batches rather than all at once, to promote efficiency and conserve the parties' and the arbitral forum's resources, as follows:

• Staged batches. Counsel for the claimants and DrivePhase will each select an equal number of claims (up to fifty (50) total per batch, or such other number as the parties agree) to proceed first as an initial batch. The remaining Coordinated Claims will be held in abeyance and will not be deemed filed for fee-assessment purposes until they are assigned to a later batch.
• Bellwether sequencing. The initial batch may proceed as bellwether arbitrations whose outcomes the parties will use, in good faith, to inform a global resolution or to set the schedule and approach for subsequent batches.
• Fees paused until selection. Notwithstanding the fee provisions above, neither party is obligated to pay arbitration filing or administrative fees for any Coordinated Claim that has not yet been selected into an active batch; fee obligations for a given claim are triggered only when that claim is assigned to an active batch.
• Tolling. Any applicable statute of limitations and any contractual or arbitral deadline for a Coordinated Claim held in abeyance is tolled from the date the claim would otherwise have been filed until that claim is assigned to an active batch.
• Severability of this provision. A court (not an arbitrator) shall resolve any dispute over the enforceability of this Section 13.4. If a court finds this batching procedure unenforceable as to particular Coordinated Claims, those claims shall proceed in a court of competent jurisdiction on an individual basis, consistent with Section 13.3.

13.5 Delegation

Except as expressly carved out in this Section 13, you and DrivePhase agree that the arbitrator, and not any court, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section 13 and these Terms, including any claim that all or any part of this Section 13 is void or voidable. Carve-outs: notwithstanding the foregoing, a court of competent jurisdiction — and not an arbitrator — shall decide (a) the enforceability, validity, and scope of the Class Action Waiver in Section 13.3, and (b) the enforceability of the Mass-Arbitration Batching provision in Section 13.4. This allocation is intended so that, if the agreement to arbitrate is found unenforceable, disputes proceed in court on an individual basis rather than as class arbitration.

13.6 Opt-Out

You may opt out of the arbitration agreement, class action waiver, and mass-arbitration batching provisions of this Section 13 by sending written notice to support@drivephaseai.com (subject line: "Enforcement Appeal" is not required, but please state "Arbitration Opt-Out") within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out. As described in Section 1.2, you also have a fresh thirty (30) day opt-out window each time we make a material change to this Section 13. Opting out does not affect any other provision of these Terms.

13.7 Survival

This Section 13 (including the delegation, class action waiver, and mass-arbitration batching provisions and the court carve-outs) shall survive termination of your account and these Terms.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law provisions.

14.2 Jurisdiction

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Marion County, Indiana, United States.

14.3 International Users

If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms shall still be governed by Indiana law.

14.4 Consumer Protection Savings Clause

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies to which you may be entitled under mandatory consumer protection laws of your jurisdiction that cannot be excluded, restricted, or modified by agreement.

15.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through Settings > Account > Delete Account
• Contacting support@drivephaseai.com with a deletion request

Account deletion will be processed within thirty (30) days.

15.2 Termination by DrivePhase

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or Community Guidelines
• You engage in fraudulent, illegal, or harmful activity
• We are required to do so by law or legal process
• We discontinue the Service or specific features
• Your subscription payment fails and is not remedied

15.3 Effect of Termination

Upon termination:

• Your right to access the Service is immediately revoked
• Your subscription benefits cease immediately (no pro-rated refunds)
• Your User Content may be deleted (except as required for legal compliance)
• Provisions that by their nature should survive will remain in effect (including without limitation Sections 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, and 18)

15.4 Data Retention After Termination

• User Content: Deleted within 30 days
• Account records: May be retained for up to 7 years for legal and tax purposes
• Aggregated/anonymized data: May be retained indefinitely
• Backup data: Purged within 90 days

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

17.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and DrivePhase LLC regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by DrivePhase.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. DrivePhase may assign these Terms without restriction.

17.5 Force Majeure

DrivePhase shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government actions, internet failures, pandemics, epidemics, cyberattacks, third-party service provider outages (including cloud infrastructure and AI service providers), supply chain disruptions, or regulatory changes.

17.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to DrivePhase should be sent to support@drivephaseai.com or by mail to:

Phone support is not available at this time.

17.7 Headings

Section headings are for convenience only and do not affect interpretation.

17.8 App Store and Marketplace Terms

If you obtain DrivePhase through the Apple App Store, TestFlight, Google Play, or another app marketplace, the following additional terms apply to the maximum extent required by that marketplace's rules. If these marketplace terms conflict with other provisions of these Terms, these marketplace terms control only to the extent required by the applicable marketplace.

Acknowledgement. These Terms are between you and DrivePhase, not Apple, Google, or any app marketplace. DrivePhase, not Apple or Google, is solely responsible for DrivePhase and its content. These Terms do not provide usage rules that conflict with Apple Media Services Terms, Google Play terms, or other applicable marketplace rules.

Scope of License. Your license to use DrivePhase is limited to a non-transferable license to use the app on devices you own or control, subject to these Terms and the applicable marketplace rules. For Apple-distributed versions, your license is limited to Apple-branded products you own or control and as permitted by Apple Media Services Terms, including Family Sharing or volume purchasing where applicable.

Maintenance and Support. DrivePhase is solely responsible for providing maintenance and support for the Service as described in these Terms or as required by applicable law. Apple and Google have no obligation to furnish any maintenance or support services for DrivePhase.

Warranty. DrivePhase disclaims warranties to the maximum extent permitted by law as described in Section 10. If DrivePhase fails to conform to an applicable warranty that cannot be disclaimed, and you obtained the app through Apple, you may notify Apple, and Apple may refund the purchase price for the app if required by Apple's rules. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to DrivePhase, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are DrivePhase's responsibility to the extent required by applicable law and these Terms.

Product Claims. DrivePhase, not Apple or Google, is responsible for addressing claims by you or any third party relating to DrivePhase or your possession or use of DrivePhase, including product-liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims arising under consumer-protection, privacy, health-data, biometric, or similar laws. Nothing in this paragraph limits DrivePhase's liability beyond what applicable law permits.

Intellectual Property Claims. DrivePhase, not Apple or Google, is responsible for investigating, defending, settling, and discharging any third-party claim that DrivePhase or your possession or use of DrivePhase infringes that third party's intellectual property rights, subject to these Terms.

Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Contact. The developer and provider of DrivePhase is DrivePhase LLC, 65 East Garner Road, Suite 300, Brownsburg, IN 46112, United States. Questions, complaints, or claims regarding DrivePhase should be directed to support@drivephaseai.com.

Third-Party Terms. You must comply with applicable third-party terms when using DrivePhase, including app-store terms, wireless data service agreements, payment provider terms, and third-party service terms for features you choose to use.

Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms for Apple-distributed versions of DrivePhase. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary. Except as stated here or required by applicable marketplace rules, these Terms do not create third-party beneficiary rights.

For questions, concerns, or support:

Phone support is not available at this time.

• Version 5.1 (July 14, 2026): Corrected Section 4 to match current product behavior. Free-tier quotas updated: 1 sprint video upload per rolling 24-hour period; up to 3 saved videos with deletion on or after 7 days from upload (derived sprint metrics retained); 1 DrivePhase Intelligence chat per day; and 3 total (lifetime) food photo scans. Corrected the introductory free trial to seven (7) days, offered on the annual plan (weekly and monthly plans bill immediately with no trial). Updated Pro pricing to list Annual $99.00/year as the primary plan, with Weekly $9.99/week where offered and Monthly $19.99/month where offered (may not be available for new purchases).
• Version 5.0 (June 1, 2026): Coordinated 5.0 legal release with the Privacy Policy, Community Guidelines, standalone Consumer Health Data Privacy Policy, and Referral & Promotional Program Terms. Corrected Pro pricing to $19.99/month and $99.00/year ($8.25/month) and clarified the three (3) day App Store / Google Play introductory trial (payment method required; auto-converts unless canceled at least 24 hours before it ends). Hardened Section 13 (added a delegation clause; a mass-arbitration batching/bellwether procedure; court-decided enforceability of the class-action waiver; and an infancy/disaffirmance minor carve-out) and a fresh 30-day opt-out on any material Section 13 change. Carved minors, gross negligence, willful misconduct, and non-waivable personal-injury claims out of the Section 10.3 waiver, the Section 11.2 liability cap, and the Section 12.1 indemnification, each subordinated to Section 11.4. Scoped the Section 7.2 User Content license to service providers and successors-in-interest and removed identifiable-content model-training language; broadened Section 7.4 to cover names and likenesses on DrivePhase-branded shared assets and to require parent/guardian consent for shares depicting minors. Rewrote Section 8.6 for biometric honesty (raw video frames processed transiently; a derived body-geometry coordinate time-series is retained) with a written retention-and-destruction schedule; led Section 8.4 with DrivePhase's own AI safety guardrails and 988 crisis routing. Required affirmative re-acceptance for material changes (Section 1.2); corrected the Section 4.8 payment-failure and store grace-period language; added Section 3.5 (SMS / phone verification), Section 4.9 (referral and promotional codes), and a Section 7.5 repeat-infringer policy under 17 U.S.C. 512(i); tightened the DMCA counter-notice restoration window to the statutory range; added Section 16 to the survival list; corrected the notices recipient to the managing member; replaced feature references to "coaching" with "form feedback" / "DrivePhase Intelligence"; and clarified that DrivePhase is a single-user app with no public profiles, social, friends, discovery, or in-app messaging features (accounts and content are private), reframing the Section 2.1 feature list and Workout Mode (a private, owner-created roster) accordingly.
• Version 4.1 (May 14, 2026): Expanded App Store and marketplace terms to mirror Apple's minimum EULA categories, including acknowledgement, license scope, maintenance/support, warranty, product claims, IP claims, legal compliance, developer contact, third-party terms, and Apple third-party beneficiary language
• Version 4.0 (May 14, 2026): Expanded Service description and data/AI terms, added App Store and Google Play marketplace terms, updated third-party providers, corrected OpenAI API data-use language, changed liability cap to the greater of 12-month payments or $50, and aligned subscriptions with RevenueCat/App Store/Google Play processing
• Version 3.1 (May 11, 2026): Interim subscription and legal cleanup
• Version 3.0 (March 30, 2026): Comprehensive update — corrected subscription details, added biometric data disclosures, strengthened athletic and nutrition disclaimers, added Apple third-party beneficiary clause, updated contact information
• Version 2.0 (January 26, 2025): Initial comprehensive terms
• Version 1.0 (January 1, 2025): Initial release