Terms of Service

Cinder · Effective April 24, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and CoAtch LLC, a Kentucky limited liability company ("Company", "we", "us", or "our"), governing your access to and use of the Cinder mobile application and any associated services (collectively, the "Service"). By downloading, installing, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Eligibility

You represent and warrant that you are at least thirteen (13) years of age and possess the legal capacity to enter into a binding contract. If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3. License Grant

Subject to your continuing compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on Apple-branded devices that you own or control, solely for your personal, non-commercial use. All rights not expressly granted herein are reserved by the Company.

4. Subscriptions, Purchases, and Billing

Certain features of the Service are made available on a paid basis through auto-renewing subscriptions and one-time non-consumable in-app purchases (collectively, "Paid Features"). All payments for Paid Features are processed exclusively by Apple Inc. through the Apple App Store pursuant to the Apple Media Services Terms and Conditions, to which you are independently bound. The Company does not collect, receive, or store your payment instrument information.

Auto-renewing subscriptions renew automatically at the end of each subscription period at the then-current price disclosed in the Service unless you cancel at least twenty-four (24) hours prior to the end of the current period. You may manage and cancel subscriptions through your Apple ID account settings. Refunds are administered solely by Apple in accordance with its standard refund policy; the Company is not authorized to issue refunds for purchases made through the Apple App Store.

5. Free and Paid Functionality

The Service offers both free and paid functionality. The specific features included in each tier may be modified by the Company from time to time in its sole discretion. Material reductions to functionality previously available to active subscribers will be communicated through the Service prior to taking effect.

6. User Conduct

You agree not to (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) bypass, modify, or interfere with the Apple in-app purchase mechanism; (d) use the Service in any manner that violates any applicable law, regulation, or third-party rights; or (e) use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

7. Health and Fitness Disclaimer

The Service is intended for general fitness and informational purposes only. It is not a medical device and is not intended to diagnose, treat, cure, monitor, or prevent any disease, condition, or injury. Information displayed in the Service is derived from data made available by Apple HealthKit and is not independently verified by the Company. You should consult a qualified healthcare professional before beginning any exercise program or making decisions based on data displayed in the Service. The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of any health-related data presented in the Service.

8. Privacy

The Company's collection and handling of information is governed by the Cinder Privacy Policy, available at go.coatch.app/cinder/privacy.html, which is incorporated by reference into these Terms.

9. Intellectual Property

The Service, including all software, content, designs, graphics, and trademarks contained therein, is and shall remain the exclusive property of the Company and its licensors. Nothing in these Terms shall be construed as transferring any intellectual property rights to you, except for the limited license expressly granted in Section 3.

10. Modifications to the Service and Terms

The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service or any portion thereof at any time, with or without notice. The Company may also update these Terms from time to time. Material changes will be communicated through the Service or by posting the updated Terms at the URL on which these Terms appear. Your continued use of the Service following the effective date of such revisions constitutes your acceptance of the modified Terms.

11. Termination

You may terminate these Terms at any time by uninstalling the Service and ceasing all use thereof. The Company may suspend or terminate your access to the Service, with or without notice, for any conduct that the Company, in its sole discretion, believes violates these Terms or is otherwise harmful to other users, the Company, or third parties. The provisions of these Terms that by their nature should survive termination shall so survive, including without limitation Sections 7, 9, 12, 13, 14, and 15.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DATA TRANSMITTED OR DISPLAYED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE. THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY THROUGH APPLE FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (USD $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from (a) your use of or inability to use the Service; (b) your violation of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property or privacy right.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Fayette County, Kentucky, and you hereby consent to the personal jurisdiction and venue of such courts.

16. Apple-Specific Terms

You acknowledge that these Terms are concluded between you and the Company, not with Apple Inc. ("Apple"), and that Apple is not responsible for the Service or its content. Apple has no obligation to furnish maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, shall have the right to enforce these Terms against you as a third-party beneficiary thereof.

17. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms agreed to between you and the Company, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.

19. Contact

For inquiries regarding these Terms, contact the Company at support@coatch.app.