IncognitoVerse Terms of Service

Effective Date: 11/28/2025

These Terms of Service (“Terms”) govern your access to and use of the IncognitoVerse mobile application, website, and related services (collectively, the “Service”), provided by Incog Labs LLC, a limited liability company, and any successor or affiliated entities (collectively, “Incog”, “we”, “us”, or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. What IncognitoVerse Is

IncognitoVerse is a content and community platform focused on discipline, fitness, lifestyle, finances, and personal growth. Depending on your subscription tier and app version (including any beta or TestFlight builds), the Service may include:

• Access to videos, posts, audio, and other material created or curated by us (“IncognitoVerse Content”).
• Community features such as comments, reactions, and other interactive elements.
• Live events, live streams, or sessions (“Live Experiences”).
• Challenges, routines, and structured experiences (“Programs”).
• In future versions, features powered by third-party AI providers (for example, conversational assistants, recommendations, or AI-generated content).

Features may be modified, added, or removed over time at our discretion.

2. Eligibility and Accounts

2.1 Age Requirement

The Service is intended for adults. You must be at least 18 years old to use the Service.

By accessing or using the Service, you represent and warrant that:

• You are at least 18 years old; and
• You have the legal capacity to enter into these Terms.

If you do not meet these requirements, you must not use the Service.

2.2 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your information as necessary.
• Keep your login credentials confidential and secure.
• Be responsible for all activities that occur under your account.

We currently support:

• Email + password sign-up; and
• Third-party sign-in (e.g., Google).

We may add or remove login methods in the future.

If you create an account or use the Service on behalf of another person or entity, you represent and warrant that you have authority to accept these Terms on their behalf.

3. License and Acceptable Use

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

3.2 Prohibited Conduct

You agree not to:

• Use the Service in any manner that violates any applicable law, regulation, or third-party right.
• Interfere with, disrupt, or compromise the security or integrity of the Service or any related systems.
• Access or attempt to access accounts, data, or systems without authorization.
• Copy, modify, distribute, sell, resell, or lease any part of the Service, except as expressly permitted by these Terms.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service, except where permitted by law.
• Use any scraping, crawling, data-mining, or automated means to access the Service, except through officially provided interfaces (e.g., public APIs) and in accordance with applicable terms.
• Use the Service or any content obtained through the Service to develop or train models or services that compete with us.

You also agree not to use the Service to:

• Post, upload, or share any content that is illegal, defamatory, harassing, hateful, discriminatory, threatening, abusive, fraudulent, or otherwise objectionable.
• Infringe or violate the intellectual property, privacy, publicity, or other rights of any person or entity.
• Promote or depict self-harm, suicide, or serious harm to others.
• Engage in scams, fraud, spam, or deceptive practices.
• Upload viruses, malware, or other malicious code.
• Post any pornographic, explicit, or NSFW sexual content.

We may, in our reasonable discretion, determine whether conduct or content violates these Terms or our other guidelines and may act accordingly, including removal of content or suspension or termination of access.

4. User Content

4.1 Definition

“User Content” means any content you submit, upload, create, transmit, or otherwise make available through the Service, including:

• Comments, posts, replies, reactions, and other community contributions.
• Profile information such as username, display name, avatar, and bio.
• Content submitted as part of Programs or Live Experiences.
• Any other materials you provide to or through the Service.

4.2 Ownership

As between you and us, you retain ownership of your User Content. You are solely responsible for your User Content and represent and warrant that:

• You have all rights, licenses, and permissions necessary to submit the User Content to the Service; and
• Your User Content does not violate any law, these Terms, or any third-party rights.

4.3 License to Incog

To operate, maintain, and improve the Service, you grant Incog a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to:

• Use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display, and publicly perform your User Content in connection with the Service and our business.

This license is for the limited purposes of:

• Operating and providing the Service (including displaying your comments and profile publicly where applicable).
• Backing up and securing the Service.
• Analyzing usage, engagement, and performance.
• Improving and developing features, including safety tools and user experience.
• Enforcing these Terms and complying with legal obligations.

We do not sell your User Content as a standalone product.

4.4 Responsibility for User Content

We are not obligated to monitor User Content, but we may do so at our discretion. We may remove, edit, or restrict access to any User Content that we reasonably believe violates these Terms or applicable law, or that we consider harmful, inappropriate, or objectionable.

5. AI Features and Output (Future)

The Service may, now or in the future, include features powered by one or more third-party AI providers (for example, conversational assistants, content summaries, recommendations, or other AI-generated outputs).

When using any AI-powered features, you understand and agree that:

• AI outputs may be inaccurate, incomplete, misleading, biased, or out of date.
• AI outputs are not professional advice, including but not limited to medical, psychological, legal, tax, or investment advice.
• You remain responsible for evaluating the usefulness and accuracy of any AI output for your own situation.
• You should consult qualified professionals before making important decisions based on any information or content, including AI-generated content.

You agree that you will:

• Not rely on AI outputs as the sole source of truth or as the sole basis for any high-stakes decisions.
• Use good judgment and, where appropriate, human review and external research before acting on any AI output.

We may use your interactions with AI features (inputs and outputs) to:

• Provide, operate, and maintain AI features.
• Monitor misuse, safety, abuse, and performance.
• Improve AI-related features, including via aggregated or de-identified data.

We may modify, suspend, or discontinue any AI features at any time.

6. Health, Fitness, and Financial Disclaimers

6.1 Health and Fitness Content

The Service may include content related to training, exercise, movement, diet, or lifestyle habits (collectively, “Health and Fitness Content”).

You understand and agree that:

• We are not a medical provider, physician, therapist, psychologist, dietician, or nutritionist, and we do not provide medical advice, diagnosis, or treatment.
• Health and Fitness Content is provided for general informational and educational purposes only, and should not be considered medical or professional health advice.
• Not all exercises, routines, or lifestyle recommendations are suitable for everyone.
• You should consult your physician or other qualified health professional before starting any new exercise program, diet, or lifestyle change, especially if you have or may have pre-existing conditions.

You use Health and Fitness Content at your own risk. If you experience pain, dizziness, shortness of breath, or any other concerning symptoms, stop and consult a medical professional.

6.2 Financial Content and No Investment Advice

The Service may include content related to money, markets, investing, trading (including options), or wealth-building (collectively, “Financial Content”). Financial Content may include, for example:

• Commentary on specific stocks, options, or other assets.
• Personal examples of trades, positions, or strategies.
• Discussions of frameworks, risk management, or portfolio construction.

You understand and agree that:

• We are not a registered investment adviser, broker-dealer, financial planner, or tax professional.
• We do not provide individualized investment, financial, tax, or legal advice.
• Any Financial Content is for general informational and educational purposes only and reflects our personal opinions, experiences, and risk tolerance at a particular point in time.
• Nothing in the Service is, or should be taken as, a recommendation, solicitation, or offer to buy, sell, or hold any security, digital asset, or financial instrument, or to adopt any investment strategy.
• Markets are volatile and risky. You can lose some or all of the capital you invest. Past performance is not indicative of future results.
• You are solely responsible for your own investment decisions and for evaluating Financial Content in light of your individual financial situation, objectives, risk tolerance, and time horizon.
• You should consult your own qualified financial, tax, and legal advisers before making any investment or financial decisions.

By using the Service, you agree that you will not treat any Financial Content as personalized advice, and you will not hold us liable for any gains, losses, or decisions that you make based on the Service.

7. Our Intellectual Property

The Service, IncognitoVerse Content, and all related technology, designs, logos, trademarks, and other intellectual property are owned by Incog or our licensors and are protected by copyright, trademark, and other laws.

Except as expressly permitted by these Terms or by us in writing, you may not:

• Copy, reproduce, modify, distribute, publicly display, or create derivative works from the Service or any IncognitoVerse Content.
• Use our trademarks, logos, or branding in a way that is likely to cause confusion or implies endorsement without our prior written permission.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share your personal information.

By using the Service, you acknowledge that we will handle your data as described in the Privacy Policy.

9. Subscriptions, Fees, and Billing

9.1 Subscription Plans

We may offer multiple subscription tiers, which may include, for example:

• Free
• Visionary
• Founder
• Phantom

Features and access levels vary between tiers and may change over time.

9.2 Payments and Processors

Paid subscriptions may be processed through:

• App store billing (e.g., Apple App Store, Google Play), managed in part via third-party services such as RevenueCat; and/or
• Web payment processors (e.g., Stripe or similar services).

By starting a paid subscription, you authorize us and our payment processors to charge your selected payment method for:

• Recurring subscription fees; and
• Any applicable taxes, fees, or charges.

9.3 Renewals and Cancellations

Subscriptions typically renew automatically at the end of each billing period unless you cancel in accordance with the applicable platform’s procedures. For example:

• If you subscribed via the Apple App Store or Google Play Store, you must manage or cancel your subscription through your store account settings.
• If you subscribed via a web checkout, you must manage or cancel through the billing portal or as otherwise instructed.

You remain responsible for all charges until cancellation is effective.

9.4 Free Trials

At this time, we do not offer free trials. If this changes, the app and/or these Terms will be updated to reflect any applicable trial terms.

9.5 Refunds

All payments are non-refundable, except where required by law or platform policy. If you cancel, you will typically retain access to the paid features until the end of your current billing period.

9.6 Price Changes

We may modify subscription prices from time to time. If we increase the price of your plan, we will provide advance notice in accordance with applicable law and platform rules, and the new price will apply at your next renewal. You may cancel before the new price takes effect.

10. Termination and Suspension

10.1 Your Right to Stop Using the Service

You may stop using the Service and close your account at any time. You may need to manage subscription cancellations directly through the relevant app store or billing portal.

10.2 Our Right to Suspend or Terminate

We may suspend or terminate your access to the Service, or close your account, at our reasonable discretion, including if:

• You violate these Terms or any other policies or guidelines we provide.
• Your use of the Service creates risk or potential legal exposure for us, our users, or third parties.
• We are required to do so by law or by a request from a governmental authority.
• Your account remains inactive for an extended period while on a free tier.

Where reasonable and legally permitted, we may provide notice before terminating or suspending your access. However, we are not required to provide prior notice in all cases.

10.3 Effect of Termination

Upon termination of your account or access to the Service:

• Your right to use the Service will immediately cease.
• We may delete or restrict access to your User Content, subject to our data retention obligations and practices described in the Privacy Policy.
• Subscription fees already paid are non-refundable, except where required by law.

Sections of these Terms that, by their nature, should survive termination (including, without limitation, ownership provisions, disclaimers, limitations of liability, and indemnity) will survive.

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT (INCLUDING, WITHOUT LIMITATION, ANY HEALTH, FITNESS, OR FINANCIAL CONTENT, PROGRAMS, LIVE EXPERIENCES, AND ANY AI FEATURES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE; AND
• NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• ANY DEFECTS OR ERRORS WILL BE CORRECTED;
• ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR
• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU USE THE SERVICE AT YOUR OWN RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  • (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR
  • (B) ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Incog and its members, managers, officers, employees, contractors, affiliates, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your access to or use of the Service;
• Your User Content;
• Your violation of these Terms; or
• Your violation of any applicable law or third-party rights.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Copyright and IP Complaints

If you believe that content on the Service infringes your copyright or other intellectual property rights, please contact us at:

Email: support@incog.io
Subject line: “IncognitoVerse – Copyright / IP Complaint”

Please include:

1. Your full name and contact information.
2. A description of the copyrighted work or other IP that you claim has been infringed.
3. A description of where the allegedly infringing content is located in the Service (including URLs or screenshots, if possible).
4. A statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law.
5. A statement, made under penalty of perjury, that the information you have provided is accurate and that you are the rights holder or authorized to act on their behalf.

We may remove or disable access to content alleged to be infringing and may terminate accounts of repeat infringers where appropriate.

15. Governing Law, Dispute Resolution, and Class Action Waiver

15.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or with the Service are governed by the laws of the State of Colorado, USA, without regard to conflict of law principles, except where the laws of your country of residence provide you mandatory protections.

15.2 Venue

Except where prohibited by applicable law, you and we agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Colorado, USA, and you consent to the personal jurisdiction and venue of such courts.

If you are a consumer habitually resident in the EEA, UK, or Switzerland, you may also bring legal proceedings in the courts of the country in which you are resident, and you retain any protections provided by the mandatory laws of that country.

15.3 Class Action and Jury Trial Waiver

To the fullest extent permitted by law, you and we agree that:

• Each of us may bring claims against the other only in our individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; and
• We each waive any right to a jury trial.

If this class-action waiver is found to be unenforceable in a particular case, then this Section 15.3 will not apply in that case, but the remainder of these Terms will remain in effect.

16. Time Limits to Bring Claims

To the maximum extent permitted by law:

• Any claim based on federal law must be filed within one (1) year after the date on which the event giving rise to the claim occurred; and
• Any claim based on state law must be filed within two (2) years after the date on which the event giving rise to the claim occurred.

If such claims are not filed within the applicable period, they are permanently barred.

17. Mobile App Terms

17.1 General

To use the mobile app, you must have a compatible device and may incur data or carrier charges. You are solely responsible for such charges.

The app may update automatically from time to time. By using the app, you consent to such automatic updates.

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the app on a device that you own or control, solely for your personal, non-commercial use, and subject to these Terms and any applicable app store rules.

17.2 Apple iOS

If you access or download the app from the Apple App Store:

• You acknowledge that these Terms are between you and Incog, not Apple Inc. (“Apple”).
• Apple is not responsible for the app or its content.
• Apple has no obligation to provide any maintenance or support services with respect to the app.
• In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app.
• Apple is not responsible for addressing any claims relating to the app or your possession or use of the app, including product liability claims, legal or regulatory compliance, or consumer protection claims.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app or your possession and use of the app infringes that third-party’s intellectual property rights.
• You and we agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the iOS app, and that Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17.3 Google Android

If you access or download the app from the Google Play Store:

• You acknowledge that these Terms are between you and Incog, not Google LLC or its affiliates (“Google”).
• Google is not responsible for the app or its content.
• Your use of the Android app must comply with Google Play’s then-current terms of service.
• Google has no obligation or liability to you with respect to the app or these Terms.
• Google may be a third-party beneficiary to these Terms as they relate to the Android app and may enforce them against you.

18. Export Controls and Sanctions

You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Service, including U.S. export control and sanctions laws.

You represent and warrant that:

• You are not located in, or a resident or national of, any country or territory that is subject to comprehensive U.S. sanctions; and
• You are not on any list of restricted or prohibited parties maintained by a government authority, including the U.S. government.

We may restrict access to the Service where required by law.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Effective Date” at the top of this page and may provide additional notice (such as an in-app notification or email) where required by law.

If you continue to use the Service after the updated Terms take effect, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel any subscriptions.

20. Assignment and Other Provisions

You may not assign, transfer, or delegate these Terms, or any of your rights or obligations under them, without our prior written consent. Any attempted assignment in violation of this provision is void.

We may assign or transfer these Terms, or any of our rights or obligations, without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

21. Contact Information

If you have any questions or concerns about these Terms or the Service, you may contact us at:

Email: support@incog.io
Subject line: “IncognitoVerse – Terms of Service”