App End User License Agreement

Last Updated: April 17, 2026

This End User License Agreement ("App EULA") is a binding agreement between you ("End User" or "you") and OxeFit, Inc., a Delaware corporation ("OxeFit", "we", "our" or "us"). This App EULA governs your use of the OxeAI mobile application available for download on the Apple platform (including all related documentation, the "Application"). This App EULA is incorporated into our Terms of Service, which govern your access and use of the Content and Services (as defined in Section 5).

BY SELECTING AGREE OR DOWNLOADING THE APPLICATION, OR STARTING A TRIAL, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS APP EULA AND THE TERMS OF SERVICE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT IN YOUR JURISDICTION; AND (C) ACCEPT THIS APP EULA AND THE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this App EULA, OxeFit grants you a limited, non-exclusive, and non-transferable license to:

(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation;

(b) access, stream, download, and use on such Mobile Device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this App EULA and the Terms of Service applicable to such Content and Services as set forth in Section 5; and

(c) connect third-party platforms or services (such as Apple Health) to the Application, where supported, to enable the Application to access data you choose to share from those platforms.

2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

(a) copy the Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;

(f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;

(g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this App EULA, without our prior written consent;

(h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;

(i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application; or

(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this App EULA, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this App EULA. OxeFit and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this App EULA.

4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

5. Content and Services. The Application may provide you with access to our websites located at www.oxeai.com and www.oxefit.com (the "Websites") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Websites (collectively, "Content and Services"). Certain features of the Application utilize artificial intelligence technologies, including third-party LLM models, to generate wellness insights, recommendations, observations, and conversational responses based on information you provide and other available information ("AI-Generated Outputs"). For clarity, Content and Services includes any AI-Generated Outputs.

Your access to and use of such Content and Services are governed by our Terms of Service and Privacy Policy. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Service and Privacy Policy and/or to register with the Website(s), and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Service will also be deemed a violation of this App EULA.

The Application may allow you to connect third-party platforms and services, such as Apple Health, to share health, fitness, and activity data with the Application or to use third-party authentication providers (such as Google, Apple, or Facebook) to authenticate your account. In addition, the Application may include features that allow you to share wellness plan progress or information with other users. The third-party access and community sharing features are governed by our Terms of Service, which include important terms regarding these features.

6. Geographic Scope. The Content and Services are based in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. The Application is designed to comply with applicable data protection requirements in certain jurisdictions, including the European Union General Data Protection Regulation (GDPR) and the United Arab Emirates Personal Data Protection Law (PDPL), as described in our Privacy Policy. Where data is transferred across borders, we implement safeguards as described in the Privacy Policy.

7. Updates. We may from time to time, in our sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this App EULA.

8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we're not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9. Term and Termination.

(a) The term of this App EULA commences when you download the Application and will continue in effect until terminated by you or us as set forth in this Section 9.

(b) You may terminate this App EULA by deleting the Application and all copies thereof from your Mobile Device.

(c) We may terminate this App EULA at any time without notice, which we may do in our sole discretion. In addition, this App EULA will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this App EULA, including a violation of the Terms of Service.

(d) Upon termination:

(i) all rights granted to you under this App EULA will also terminate; and

(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of our rights or remedies at law or in equity.

10. Disclaimers.

(a) Warranties. THE APPLICATION AND THE CONTENT AND SERVICES ARE PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OXEFIT, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUBSIDIARIES, AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, OXEFIT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

(b) Health and Medical Care. THE CONTENT AND SERVICES OFFER HEALTH, FITNESS AND WELLNESS INFORMATION AND ARE DESIGNED FOR YOUR PERSONAL EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR MEDICAL OR OTHER PROFESSIONAL PROVIDER BEFORE BEGINNING ANY NEW FITNESS, NUTRITION OR WELLNESS PROGRAM. DO NOT RELY ON THE APPLICATION OR THE INFORMATION THEREIN AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, RECOMMENDATIONS OR OTHER PROFESSIONAL ADVICE OF ANY KIND. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON THE APPLICATION OR IN THE CONTENT AND SERVICES. NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE CONTENT AND SERVICES (INCLUDING AI-GENERATED OUTPUTS) IS INTENDED TO BE, AND WE HEREBY DISCLAIM IT TO BE, THE PRACTICE OF HEALTH OR MEDICAL CARE OR ANY OTHER PROFESSIONAL ADVICE OF ANY KIND. FURTHER, DEVELOPMENTS IN MEDICAL, HEALTH AND OTHER RESEARCH MAY IMPACT THE HEALTH, FITNESS, NUTRITIONAL AND WELLNESS INFORMATION PRESENTED IN THE CONTENT AND SERVICES. NO ASSURANCE CAN BE GIVEN THAT SUCH INFORMATION CONTAINED OR PRESENTED IN THE CONTENT AND SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO RELEVANT MATERIAL.

11. Releases.

(a) Use and Access. As a condition to using the Application, you acknowledge that you do so voluntarily and entirely at your own risk and you assume all risks of injury or death. You, on behalf of yourself, your heirs, executors, administrators, successors and assigns, expressly agree to release and discharge OxeFit, its staff, officers, directors, employees, trainers, agents, representatives, partners, affiliates and instructors from any and all claims, demands, or causes of action, present and future, whether known, unknown, anticipated or unanticipated, and agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action resulting from death, bodily, mental or emotional injury or property damage as a result of using the Application or any information or recommendations in the Content and Services (including and AI-Generated Outputs) they may provide. YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE USING OR AS A RESULT OF USING THE APPLICATION AND/OR ACCESSING OR USING THE CONTENT AND SERVICES WHETHER OR NOT CAUSED BY NEGLIGENCE OR OTHER FAULT OF ANY ENTITY.

(b) Geolocation. You accept all safety, security, and other risks associated with the use of any geolocation features, tools, and technology, including when recording or sharing GPS-based activities via the Application or using other map- or location-based features on the Content and Services. These risks may be greater depending on your circumstances, e.g., if you work in a sensitive job or position of trust. To the maximum extent permitted by law, OxeFit is not responsible for any such risks. You agree to use any such geolocation features, tools, and technology in a way that is safe, secure, and responsible, in accordance with your circumstances and applicable laws. Nothing in this section takes away from any other sections in this App EULA where we disclaim warranties and limit or exclude liability. You can learn more about how we use geolocation information in our Privacy Policy.

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OXEFIT OR ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR OXEFIT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Indemnification. You agree to indemnify, defend, and hold harmless OxeFit and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this App EULA, including but not limited to the content you submit or make available through this Application.

14. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

15. US Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

16. Severability. If any provision of this App EULA is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this App EULA will continue in full force and effect.

17. Governing Law. This App EULA is governed by and construed in accordance with the internal laws of the State of Texas in the United States without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Arbitration.

(a) ALL DISPUTES ARISING OUT OF OR RELATED TO ANY PORTION OF THE APP EULA, USE OF THE APPLICATION OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND OXEFIT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT OXEFIT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

(b) YOU AGREE THAT ANY ARBITRATION UNDER THE APP EULA WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. FURTHER, UNLESS BOTH YOU AND OXEFIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S OR ENTITY'S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.

(c) The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc., ("JAMS") under the JAMS Comprehensive Arbitration Rules and Procedures as they exist on the effective date of this App EULA, and as amended, excluding any rules or procedures governing or permitting class actions. The arbitrator will conduct hearings, if any, in the English language by teleconference or videoconference, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Dallas, Texas. The arbitrator's decision will follow this App EULA and will be final and binding, and judgment on the award may entered in any court of competent jurisdiction.

(d) If this agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of this App EULA shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas, Texas.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS APP EULA OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Entire Agreement. This App EULA and all OxeFit documents expressly referenced herein, constitute the entire agreement between you and OxeFit with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this App EULA and any applicable purchase or other terms, the terms of this App EULA shall govern.

22. Changes to this App EULA. We may update this App EULA from time to time at our sole discretion. When we make changes, we will notify you through the Application or the Websites and update the "Last Updated" date above. Modifications will be effective on the date that they are posted. It is important that you review the App EULA whenever we update it. If you continue to use the Application after the effective date of the updates, you agree to be bound by the updated terms. If you don't agree to be bound by the updated terms, your only recourse is to stop using, and delete, the Application.