Terms & Conditions

Last Updated: July 07, 2026

TERMS & CONDITIONS (TERMS OF USE)

1. Acceptance of Terms

By accessing or using the 1^st Phorm website(s), mobile application ("1^st Phorm App"), programs, or services (collectively, the "Services"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Services. If you proceed with use of the Services, you will be deemed to have agreed and consented to these Terms.

These Terms apply to all users of the Services, including without limitation users who participate in programs, challenges, or promotions offered by 1^st Phorm.

2. Eligibility and Age Requirements

You must be at least eighteen (18) years of age to create an account and use the 1^st Phorm App, except as expressly permitted below.

Minor Use – Performance Program Only

Minors who are at least thirteen (13) years of age may use the 1^st Phorm App only as part of a designated 1^st Phorm Performance program and only with the verified consent of a parent or legal guardian and, where applicable, under the supervision of an authorized coach.

Participation by minors is strictly limited to approved programs and does not permit participation in any contests, promotions, or Transformation Challenges.

Parents or legal guardians of minors agree to:

• consent to the minor's use of the Services,
• be bound by these Terms on the minor's behalf, and
• fully indemnify and hold harmless 1^st Phorm from any breach of these Terms by the minor.

If you are under thirteen (13) years of age, you may not use the Services at any time or in any manner.

3. Transformation Challenges and Promotions

Participation in any Transformation Challenge, contest, or promotion is governed by the applicable Official Rules, which are incorporated herein by reference.

In the event of a conflict between these Terms and any Official Rules, the Official Rules control for purposes of that contest or promotion.

Transformation Challenges are open only to individuals who are eighteen (18) years of age or older. No exceptions apply.

4. Not Medical Advice

The 1^st Phorm App and the Services are not healthcare services and are not intended to diagnose, treat, cure, or prevent any medical condition.

Content provided through the Services is for general informational and educational purposes only. You should consult with a qualified healthcare professional before beginning any fitness, nutrition, or wellness program.

Step count and activity data retrieved from connected wearable devices or health platforms is provided for informational purposes only and does not constitute medical advice. 1^st Phorm does not validate or guarantee the accuracy of data provided by third-party devices or platforms.

5. Assumption of Risk

You acknowledge that participation in physical activity, exercise, and fitness programs involves inherent risks, including the risk of injury or death.

By using the Services, you voluntarily assume all risks, known and unknown, associated with physical activity and/or the Services, whether performed with or without equipment.

6. Release and Waiver of Liability

To the fullest extent permitted by law, you, on your own behalf and on behalf of your heirs, administrators, and assigns, hereby waive, release, and forever discharge 1^st Phorm International, LLC and its parents, subsidiaries, affiliates, related parties, officers, directors, owners, members, employees, contractors, agents, representatives, advisors, athletes, legionnaires, insurers, and attorneys from any and all claims, liabilities, damages, losses, or causes of action arising out of or related in any way to:

• use of the Services,
• participation in any program or challenge, and/or
• physical activity performed in connection with the Services.

7. User Conduct

You agree not to:

• misuse the Services,
• submit false or misleading information,
• interfere with the operation or security of the Services, and/or
• violate any applicable law or regulation.

1^st Phorm reserves the right to suspend or terminate access to the Services for violations of these Terms.

8. Termination

1^st Phorm may suspend and/or terminate your access to the Services at any time, with or without notice, for any reason, including, but not limited to, violation of these Terms.

9. Limitation of Liability

To the maximum extent permitted by law, 1^st Phorm shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or relating in any way to use of the Services.

The Services are provided "AS IS" without warranties of any kind, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose and non-infringement).

1^st Phorm is not liable for inaccuracies, errors, or omissions in step count or activity data sourced from third-party wearable devices or health platforms, including but not limited to Apple Health, Garmin, Oura, Polar, WHOOP, COROS, and Google Health. 1^st Phorm is not responsible for the availability, performance, or discontinuation of any third-party integration.

10. Governing Law

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-law principles.

11. Third-Party Device Integrations

The 1^st Phorm App allows you to voluntarily connect third-party wearable devices and health platforms to sync step count data. By connecting a device, you authorize 1^st Phorm and its data integration partner, Rook Technologies, to retrieve step count data from that platform on your behalf.

Connecting a device is optional and may be disconnected at any time from the app settings. When you connect a third-party platform, you remain subject to that platform's own terms of service and privacy policy.

Step count data retrieved from connected devices may vary in accuracy depending on the device and platform. 1^st Phorm does not guarantee the accuracy of third-party data and is not responsible for discrepancies between devices. Leaderboard standings that incorporate wearable step data are subject to these accuracy limitations.

12. Incorporation of Other Policies

These Terms incorporate by reference:

• the Privacy Policy
• applicable Official Rules for contests and promotions

13. System Requirements

The 1^st Phorm app is available on iOS and Android devices. To ensure the best experience, we support the following:

Devices We support the current device generation and two previous generations for both iPhone and Android smartphones.

Operating Systems

• iOS: Current version and two prior major releases
• Android: Current version and two prior major releases

Devices or operating systems outside of these supported versions may experience limited functionality or may not be able to access the app. We recommend keeping your device and operating system updated to the latest supported version.

14. Contact Information

For questions regarding these Terms, contact:

apphelp@1stphorm.com