Pepjoy Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") form a binding agreement between you ("you" or "User") and Kythe LLC ("Kythe," "we," "us," or "our") regarding your access to and use of the Pepjoy mobile application (the "App") and the related website at pepjoy.app (the "Site," and together with the App, the "Services").

By affirmatively accepting these Terms when prompted in the App, you agree to be bound by them. You also acknowledge that you have had an opportunity to review our Privacy Policy. If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 18 years old to use the Services. The Services are offered in the United States and are not offered in or directed to individuals in the European Union, the European Economic Area, the United Kingdom, or Switzerland. Availability in additional regions may be added in a later version of the Services.

By using the Services, you represent that:

• You are at least 18 years old.
• You have the legal authority to enter into these Terms on your own behalf.
• You will use the Services only in compliance with these Terms and applicable law.
• You are not subject to any U.S. sanctions, embargo, or comparable export-control restriction.

3. The Services: What Pepjoy Is and Is Not

Pepjoy is a general-wellness journaling and tracking tool for individuals taking GLP-1 medications. The App helps you record information you already know, including medication doses, weight, nutrition, and how you are feeling, and visualize that information over time.

Pepjoy does not provide medical advice or make medical decisions for you. Pepjoy is not a substitute for professional medical judgment, diagnosis, or treatment. Pepjoy does not:

• Calculate or recommend medication doses.
• Recommend medication schedules or titration plans.
• Interpret your symptoms or correlate them with your medication.
• Provide pharmacokinetic modeling, "peak" or "trough" calculations, or any other clinical inference.
• Make any claim that any specific outcome, including weight loss, symptom improvement, or any other health result, will occur as a consequence of using the Services.

The information you record in Pepjoy is your record. The information Pepjoy displays back to you is a factual restatement of what you entered, not a medical recommendation.

Always consult a qualified healthcare provider for medical questions, including any decisions about your medication. Do not delay seeking medical attention because of information accessed through the Services. If you are experiencing a medical emergency, call 911 (or your local emergency number) immediately.

4. Your Data

Pepjoy requires no account. There is no login, no sign-in, and no credentials to create or maintain. You install the App and begin using it.

Your Pepjoy data is stored on your device and, when iCloud sync is used, synced to your own private iCloud through Apple's CloudKit service. Kythe does not operate user accounts or maintain a separate server-side copy of your Pepjoy data.

You may delete your Pepjoy data at any time from within the App. Open the Profile tab, scroll to the bottom, and tap "Delete all my data," then confirm "Delete everything." This removes your Pepjoy data as described in Section 11 and our Privacy Policy, but it does not delete weight entries that Pepjoy previously wrote to Apple Health.

5. Subscriptions and Payments

5.1 Subscription Plans

Pepjoy is a paid subscription. There is no permanent free version of the App. We offer two auto-renewing subscription plans, each of which begins with a 7-day free trial:

• pepjoy Monthly: a 7-day free trial, then $6.99 per month.
• pepjoy Yearly: a 7-day free trial, then $29.99 per year.

Both plans are sold through Apple's In-App Purchase system and charged to your Apple ID. You are not charged during the 7-day free trial. If you do not cancel before the trial ends, the trial automatically converts to a paid subscription and Apple charges your Apple ID the plan price. Each plan then auto-renews for the same period (monthly or yearly) at the then-current price until you cancel. Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period; the renewal charge posts to your Apple ID within 24 hours before the new period begins. Current pricing is always shown in the App Store at the time of purchase; App Store prices are authoritative and may vary by region and over time.

5.2 What Your Subscription Includes

Pepjoy is a subscription product. An active subscription, including during the 7-day free trial, gives you access to the App's features, which currently include:

• Logging shots, weight, water, protein, fiber, how you are feeling, and photos.
• Insights charts and your full logged history.
• Apple Health integration, including writing the weight entries you log in Pepjoy to Apple Health.
• Export of your data as a PDF report.
• The progress gallery.
• Local notifications.

Features may be added, changed, or removed as the App evolves. Your ability to access and delete your own data is described in Section 11 and in our Privacy Policy and is not conditioned on having an active subscription.

5.3 Billing and Cancellation

All payments and subscription billing are processed by Apple through your Apple ID using Apple's In-App Purchase system. We do not receive or store your payment card information.

You can cancel at any time in your device's subscription settings (iOS Settings > Apple ID > Subscriptions), or from within the App at Profile > Manage subscription, which opens the same system subscription settings. To avoid being charged, cancel before the 7-day free trial ends; if you cancel during the trial, you are not charged. If you cancel after a paid period has begun, you keep access through the end of the current billing period and the subscription does not renew after that. Because Pepjoy has no permanent free version, access to subscription features may end when your subscription lapses. Your ability to access legally required privacy, export, and deletion controls is not conditioned on maintaining an active subscription.

5.4 Refunds

Refunds for App Store purchases are governed by Apple's policies. We do not process refunds directly. To request a refund, use the "Report a Problem" feature in your Apple ID account or visit reportaproblem.apple.com.

5.5 Price Changes

We may change subscription prices from time to time. For subscriptions purchased through the App Store, price changes will be handled through Apple's subscription-management process and in accordance with applicable law. Apple may provide advance notice or require your agreement before certain price increases take effect. If required consent is not provided, your subscription may not renew at the increased price.

6. License Grant

Subject to your compliance with these Terms, Kythe grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the App on Apple devices that you own or control, solely for your personal, non-commercial use, as permitted by the Usage Rules in Apple's App Store Terms of Service, including access through Family Sharing where enabled.

This license does not include the right to:

• Copy, modify, or create derivative works of the App.
• Reverse engineer, decompile, or disassemble the App, except to the extent that applicable law prohibits this restriction.
• Sell, rent, lease, sublicense, or otherwise transfer the App or your rights in it.
• Use the App in connection with any commercial product or service offered by you or any third party.
• Use any data-mining, scraping, or similar data-gathering tool against the App or its associated services.
• Use the App in any way that violates applicable law or these Terms.

All right, title, and interest in and to the App, including all intellectual property rights, remain with Kythe and our licensors. Nothing in these Terms transfers ownership of any intellectual property rights to you.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms.
• Use the Services to harass, defame, or harm any other person.
• Attempt to gain unauthorized access to the Services or to any system associated with the Services.
• Introduce malware or other harmful code into the Services.
• Use automated systems (bots, scrapers) to access the Services.
• Misrepresent your identity or affiliation when using the Services.
• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use.

We may suspend or terminate your access for any violation of these Terms, including this Section 7.

8. Your Content

8.1 Ownership

You retain all rights in any content you create within the Services, including notes and photos you upload (collectively, "Your Content").

8.2 Limited Authorization to Operate the Services

To the extent technically necessary to provide the Services, you authorize the App and the third-party infrastructure described in our Privacy Policy to store, display, transmit, and process Your Content solely for your benefit, including displaying it back to you in the App, syncing it across your devices, and generating exports at your request. This authorization does not give Kythe any ownership interest in Your Content.

This authorization is limited to delivering the Services to you. We do not use Your Content to train artificial intelligence or machine learning models. We do not share Your Content with advertisers or marketers. We do not display Your Content publicly.

8.3 Responsibility for Your Content

You are solely responsible for Your Content and represent that you have the right to upload it. Do not upload content that infringes on the rights of others.

Because Kythe does not operate a public user-content hosting service and does not ordinarily have access to Your Content, we do not monitor or pre-screen Your Content.

9. Intellectual Property

The name "Pepjoy," the Pepjoy logo, the App's user interface, and all associated materials are owned by Kythe LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use any Kythe name, mark, or logo without our prior written permission, except as strictly necessary to identify the Services.

If you believe materials made available by Kythe through the Services infringe your copyright, contact us using the information in Section 18.

10. Health Disclaimer (READ CAREFULLY)

THE SERVICES ARE PROVIDED FOR GENERAL WELLNESS AND PERSONAL RECORD-KEEPING PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION.

By using the Services, you acknowledge and agree that:

• The Services do not provide medical, pharmaceutical, nutritional, or other professional advice.
• Information displayed in the Services is a factual restatement of data you have entered, not a clinical recommendation.
• You should not rely on the Services to make any medical decision, including any decision about your medication, dose, schedule, or treatment plan.
• You should consult a qualified healthcare provider before making any change to your medication or treatment.
• The Services do not calculate, validate, or recommend doses for any medication, including compounded medications. Pepjoy does not verify the identity, formulation, concentration, sterility, labeling, quality, safety, effectiveness, FDA approval status, or suitability of any compounded medication or pharmacy-supplied information you record.
• The Services are not appropriate for use in connection with any acute medical situation. If you are experiencing a medical emergency, contact emergency services immediately.

You are responsible for decisions about your health care and medication use. To the maximum extent permitted by law, you assume the risks arising from decisions you make based on information you record or view in the App. Nothing in these Terms waives rights or remedies that cannot lawfully be waived.

11. Termination

11.1 Termination by You

You may stop using the Services at any time. To delete your Pepjoy data, open the Profile tab in the App, scroll to the bottom, and tap "Delete all my data," then confirm "Delete everything." Your Pepjoy data is removed from your device and, where applicable, your iCloud-synced Pepjoy store, with changes propagating to your other devices shortly after. Pepjoy does not delete weight entries previously written to Apple Health; you can manage those records separately in Apple Health. See our Privacy Policy for additional details.

11.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, if:

• You violate these Terms.
• We are required to do so by law.
• Continued provision of the Services to you would expose us to legal or regulatory risk.
• We discontinue the Services entirely.

If we terminate your access other than for a violation of these Terms, we will provide reasonable notice and, where practicable, an opportunity to export your data, subject to applicable law and any legal or security restrictions.

11.3 Effect of Termination

On termination, your license to use the App ends immediately. Sections that by their nature should survive termination, including Sections 3, 6, 8, 9, 10, 12, 13, 14, 15, 16, and 19, will survive.

12. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KYTHE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SYSTEMS THROUGH WHICH THE SERVICES ARE PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT ANY HEALTH, MEDICAL, OR FITNESS OUTCOME FROM USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

KYTHE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO KYTHE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Nothing in this Section limits any liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, personal injury or death to the extent liability for such harm cannot lawfully be limited, or rights and remedies under consumer protection laws that cannot be waived.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Kythe and its affiliates, officers, directors, employees, and agents from third-party claims, liabilities, damages, losses, and reasonable expenses arising directly from:

• Your intentional or unlawful misuse of the Services.
• Your infringement or misappropriation of a third party's intellectual property, privacy, or other legal rights through Your Content or your use of the Services.
• Your fraud or willful misconduct in connection with the Services.

We will provide reasonable notice of any indemnified claim. Kythe may assume control of the defense at its own expense, and you agree to provide reasonable cooperation. Kythe will not settle a claim in a manner that admits fault by you or imposes a material obligation on you without your consent, unless applicable law permits otherwise.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. The federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 15. These Terms do not limit any non-waivable consumer protection rights you have under the laws of your state of residence.

15.2 Informal Resolution

Before initiating arbitration or a court proceeding, other than an eligible small-claims matter or a request for urgent injunctive relief, the party asserting the claim must first send written notice using the contact information in Section 18 and make a good-faith effort to resolve the dispute informally. If the dispute is not resolved within sixty (60) days after notice is received, either party may proceed under the provisions below.

15.3 Binding Individual Arbitration; Class Action Waiver

Except for claims that qualify for small-claims court and requests for public injunctive relief that applicable law does not permit to be waived, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. If twenty-five (25) or more similar demands are filed and AAA determines that its Mass Arbitration Supplementary Rules apply, those Supplementary Rules will govern in addition to the Consumer Arbitration Rules. Any hearing may be conducted remotely or, if an in-person hearing is required, in the county where you reside unless you and Kythe agree otherwise. The arbitrator may award the same individual remedies that a court could award. Arbitration fees will be allocated under the applicable AAA consumer rules. By agreeing to arbitration, you and Kythe waive the right to a jury trial for disputes required to be arbitrated.

Class Action Waiver. You and Kythe agree that disputes subject to arbitration will be resolved only on an individual basis. Neither you nor Kythe may bring or participate in a class, collective, consolidated, or representative arbitration. This waiver does not prevent you from seeking public injunctive relief in court to the extent a right to seek that relief cannot lawfully be waived, including where California law applies.

Opt-Out Right. You may opt out of this arbitration agreement by sending notice to [email protected] or by mail to the address in Section 18 within thirty (30) days after you first accept these Terms. Your notice must include your full name and a clear statement that you are opting out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

15.4 Court Proceedings

If a dispute is not subject to arbitration, or if arbitration is unavailable or unenforceable, any court proceeding will be brought in the state or federal courts located in Coweta County, Georgia, subject to any non-waivable right you may have to bring a claim in another forum. You and Kythe consent to personal jurisdiction in those courts to the extent permitted by applicable law.

16. Apple-Specific Terms

The following terms apply because the App is distributed through Apple's App Store. These terms are intended to satisfy Apple's minimum end-user license terms and supplement the rest of these Terms. If there is a conflict, these Apple-specific terms control with respect to the subject matter of the conflict:

• These Terms are between you and Kythe LLC. Apple is not a party to these Terms.
• Apple is not responsible for the App or its content.
• Kythe, not Apple, is solely responsible for providing maintenance and support for the App. Support requests may be directed to [email protected]. Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Kythe (not Apple) is responsible for any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal requirement, and claims arising under consumer protection or similar legislation.
• Kythe (not Apple) is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim regarding the App.
• You represent 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.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

17. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide notice in the App and on the Site and update the "Last Updated" date above. The updated Terms will take effect on the date specified in the notice. Continued use of the Services after that date constitutes acceptance of changes that do not require renewed assent. Material changes to Section 15, and any other changes for which applicable law requires renewed consent, will apply only after you affirmatively accept them.

18. Contact

For questions about these Terms or to provide any required notice:

Kythe LLC, 210 Lakeside Dr, Newnan, GA 30263 USA. Telephone: (770) 363-2063. Legal notices and arbitration opt-outs: [email protected]. Support: [email protected]. Privacy: [email protected].

19. General

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. If the class or representative-action waiver in Section 15 is unenforceable as to a particular claim or request for relief, only that claim or request will proceed in court to the extent required by applicable law, and the remainder of Section 15 will continue to apply.

Entire agreement. These Terms, together with any additional terms expressly incorporated by reference, are the entire agreement between you and Kythe regarding the Services and supersede prior agreements on that subject. Our Privacy Policy describes our privacy practices and is not part of these Terms except to the extent expressly incorporated or required by applicable law.

Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them. Any attempted assignment in violation of this Section is void.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

Headings. Section headings are for convenience only and have no legal effect.

Notice to California users. Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Services are provided by Kythe LLC, 210 Lakeside Dr, Newnan, GA 30263, [email protected]. If you have a complaint about the Services or want further information, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.