Last updated: 11/20/2025

1. Who We Are and What These Terms Do
   These Terms and Conditions (“Terms”) govern your access to and use of the Vyper Focus mobile
   application, website, related software, content, and services (collectively, the “Services”)
   provided by Vyper Focus L.L.C., a Texas limited liability company (“Vyper Focus”, “we”,
   “us”, or “our”).
   By creating an account, downloading or using the Services, or clicking “I agree” (or similar), you
   agree to be bound by these Terms and all policies referenced in them, including our Privacy
   Policy.
   If you do not agree to these Terms, do not use the Services.
2. Eligibility
   2.1 Minimum Age.
   You must be at least 16 years old to use the Services in the European Economic Area (EEA),
   UK, and Switzerland, and at least 13 years old in the United States and other locations, unless a
   higher age is required by local law.
   2.2 Minors.
   If you are under the age of majority where you live, you may only use the Services with the
   consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on
   your behalf.
   2.3 No Use Where Prohibited.
   You may not use the Services if doing so would violate any applicable law or regulation in your
   jurisdiction.
3. Description of the Services
   VyperFocus is a digital mental performance platform for athletes and high performers. The
   Services may include:

• Access to pre-produced audio content focused on mindset, focus, confidence, motivation,
  and related topics;
• Access to AI-powered tools (including a “Coach” chatbot) that can generate personalized
  audio sessions based on your prompts and answers;
• Tools to create, name, and save playlists and custom “mindsets”;
• In-app messaging, notifications, and related features.
  We may update, improve, or modify the Services from time to time, including adding or
  removing features or content.

1. Important Health, Safety, and No-Medical-Advice Notice
   4.1 Wellness, Not Medical Care.
   The Services are designed for general mental performance, mindset training, and wellness.
   They do not provide medical, psychological, psychiatric, or other professional healthcare
   advice, diagnosis, or treatment. The Services are not a substitute for professional medical
   advice or therapy.
   4.2 No Emergency Use.
   The Services are not designed for crisis or emergency situations. Do not use the Services if you
   are experiencing a medical or mental health emergency. Instead, contact your local emergency
   number (e.g., 911 in the U.S. or 112 in the EU) or seek immediate help from a qualified
   professional.
   4.3 Consult Your Professional.
   Always consult a physician, psychologist, or other qualified health provider with any questions
   you may have regarding a medical or mental health condition before starting or changing any
   regimen based on information obtained through the Services.
   4.4 No Therapeutic Relationship.
   Use of the Services does not create a doctor-patient, therapist-client, or any other healthcare
   professional relationship between you and VyperFocus.
2. Account Registration and Security
   5.1 Account Creation.
   To access certain features, you must create an account and provide accurate, current, and
   complete information. You agree to keep this information updated.
   5.2 Credentials.
   You are responsible for maintaining the confidentiality of your login credentials and for any
   actions taken using your account. Notify us immediately at [support@darkorchid-duck-553197.hostingersite.com] if you
   suspect unauthorized use of your account.
   5.3 One Account Per Person.
   We may limit you to one account per individual user and may close or merge duplicate accounts.
3. Subscriptions, Free Trials, and Billing
   6.1 Paid Subscriptions.
   Certain parts of the Services are provided on a paid subscription basis (“Subscription”). When
   you purchase a Subscription, you authorize us or our third-party payment processors or app store
   partners to charge you the applicable fees, plus any applicable taxes, using your selected
   payment method.
   6.2 Renewals.
   Unless you cancel, Subscriptions automatically renew at the end of each billing period at the
   then-current price. Where required by law, we will notify you of price changes in advance and
   give you an opportunity to cancel.
   6.3 Free Trials and Promotions.
   We may offer free trials or promotional pricing for a limited time. At the end of the trial or
   promotional period, your Subscription will automatically convert to a paid Subscription at the
   standard rate unless you cancel before the end of the trial or promotion.
   6.4 App Store Purchases.
   If you purchase a Subscription through a third-party app store (such as Apple App Store or
   Google Play):

• Billing, renewals, and cancellation are governed by that app store’s terms; and
• You must manage or cancel your Subscription through your app store account settings.
  6.5 No Refunds (Unless Required by Law).
  Except where required by law or as expressly stated otherwise, all payments are nonrefundable, and there are no refunds or credits for partial billing periods, unused content, or
  unused features.
  6.6 EU/UK Consumer Rights.
  If you are a consumer in the EU or UK, you may have statutory rights, including withdrawal
  (cooling-off) rights for digital services and legal guarantees that cannot be excluded by contract.
  Nothing in these Terms is intended to restrict those mandatory rights. (European Commission)

1. License and Ownership
   7.1 License to You.
   Subject to your compliance with these Terms, we grant you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to download and use the app and to access the
   Services for your personal, non-commercial use only.
   7.2 Our Intellectual Property.
   All software, technology, text, audio, music, sound recordings, graphics, logos, trademarks,
   service marks, and other content within the Services (“VyperFocus Content”) are owned by or
   licensed to VyperFocus and are protected by intellectual property laws. You do not acquire any
   ownership rights in the Services or VyperFocus Content.
   7.3 Restrictions.
   You must not:

• Copy, distribute, modify, adapt, translate, reverse-engineer, decompile, disassemble, or
  create derivative works of the Services or VyperFocus Content, except as permitted by
  law;
• Rent, lease, sell, resell, sublicense, transfer, or otherwise commercially exploit the
  Services or VyperFocus Content;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices.

1. User Content
   8.1 Definition.
   “User Content” means any information, text, audio prompts, goals, notes, or other content you
   submit to or through the Services, including the inputs you provide to our AI tools and the names
   or labels you assign to your sessions or playlists.
   8.2 Your Responsibility.
   You are solely responsible for your User Content and for ensuring it does not violate any law or
   third-party rights (including privacy, intellectual property, and publicity rights).
   8.3 License to Us.
   By submitting User Content, you grant VyperFocus a worldwide, non-exclusive, royalty-free,
   transferable, sublicensable license to use, reproduce, modify, adapt, translate, create derivative
   works from, distribute, perform, and display such User Content only to operate, improve, and
   provide the Services, including:

• Generating personalized audio sessions;
• Improving and training our models and algorithms (where permitted by law and subject
  to our Privacy Policy); and
• Developing new features and offerings.
  We will not publicly attribute your User Content to you without your consent, except as required
  by law.
  8.4 Feedback.
  If you provide feedback, suggestions, or ideas (“Feedback”), you acknowledge that we may use
  them without restrictions or compensation to you.

1. Acceptable Use
   You agree not to:

• Use the Services in any unlawful, harmful, or fraudulent way;
• Upload or transmit malware, malicious code, or anything designed to interfere with or
  damage the Services;
• Attempt to gain unauthorized access to the Services or related systems or networks;
• Use automated systems (e.g., bots, scrapers) to access the Services or extract data,
  including for training machine learning or AI models, without our prior written consent;
• Harass, threaten, or abuse others or use hate speech or discriminatory content;
• Use the Services in a manner that infringes or misappropriates any third-party rights.
  We may suspend or terminate your access to the Services if we reasonably believe that you have
  violated these Terms.

1. Third-Party Services and Links
   The Services may integrate or link to third-party applications, websites, or services (including
   analytics, payment processors, app stores, or advertising partners).
   We are not responsible for third-party services or their content, terms, or privacy practices. Your
   use of any third-party service is at your own risk and subject to that third party’s terms and
   policies.
2. International Users
   If you access the Services from outside the United States, you do so on your own initiative and
   are responsible for compliance with local laws.
   For users in the EEA, UK, and Switzerland, additional rights and disclosures are included in our
   Privacy Policy.
3. Disclaimers
   To the fullest extent permitted by law:

• The Services and all VyperFocus Content are provided “as is” and “as available”,
  without warranties of any kind, whether express, implied, or statutory;
• We specifically disclaim any implied warranties of merchantability, fitness for a particular
  purpose, quiet enjoyment, title, and non-infringement; and
• We do not warrant that the Services will be uninterrupted, secure, or error-free, or that
  any defects will be corrected.
  Some jurisdictions do not allow the exclusion of certain warranties, so some of the above
  exclusions may not apply to you.

1. Limitation of Liability
   To the maximum extent permitted by law:

• VyperFocus L.L.C. and its officers, directors, employees, contractors, licensors, and
  agents will not be liable for any indirect, incidental, consequential, special, exemplary, or
  punitive damages, including loss of profits, loss of data, or loss of goodwill, arising out of
  or in connection with your use of (or inability to use) the Services; and
• Our total liability for any claims arising out of or relating to the Services or these Terms
  will be limited to the amount you actually paid to VyperFocus L.L.C. for the Services
  during the twelve (12) months immediately preceding the event giving rise to the
  claim.
  Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under
  applicable law (for example, liability for death or personal injury caused by our negligence, or
  for fraud).
  If you are a consumer in the EU or UK, statutory consumer protection laws may provide you
  with additional rights that cannot be waived.

1. Indemnification
   You agree to indemnify, defend, and hold harmless VyperFocus and its officers, directors,
   employees, contractors, licensors, and agents from and against any claims, liabilities, damages,
   judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising
   out of or relating to:

• Your use of the Services;
• Your User Content; or
• Your violation of these Terms or any applicable law.

1. Governing Law and Dispute Resolution
   15.1 U.S. Residents (Including Arbitration & Class Action Waiver).
   If you reside in the United States:

• These Terms and any dispute arising out of or related to them or the Services will be
  governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
• Binding Arbitration. Except for disputes that may be brought in small claims court, any
  dispute, claim, or controversy between you and VyperFocus that arises out of or relates to
  these Terms or the Services will be resolved by binding arbitration administered by a
  recognized arbitration provider, on an individual basis only. You and VyperFocus L.L.C.
  waive any right to a jury trial or to participate in a class action or class-wide
  arbitration.
• The arbitration shall take place in [Austin, Texas], unless the arbitrator determines that a
  remote/virtual hearing is appropriate.
  Details of the arbitration process (rules, procedures, allocation of fees) should be set out in a
  separate Arbitration Agreement attached to or incorporated into these Terms, which you agree to
  by using the Services.
  15.2 EEA, UK, and Swiss Residents.
  If you reside in the EEA, UK, or Switzerland:
• These Terms and any dispute arising out of or relating to them or the Services will be
  governed by the laws of your country of residence, without prejudice to any mandatory
  consumer protection provisions that apply in your country. (European Union)
• You may bring legal proceedings relating to the Services in the competent courts of your
  country of residence.
• Any arbitration or mandatory forum provisions in Section 15.1 do not apply to you if
  they conflict with mandatory local consumer protection laws.

1. Changes to the Services and These Terms
   We may modify the Services and/or these Terms from time to time.
   If we make material changes to these Terms, we will provide notice (for example, by email, inapp notice, or updating the “Last updated” date). Your continued use of the Services after
   changes become effective will constitute your acceptance of the revised Terms.
   If you do not agree to the changes, you must stop using the Services and, where applicable,
   cancel your Subscription.
2. Termination
   We may suspend or terminate your access to the Services, with or without notice, if:

• You violate these Terms;
• We reasonably believe your use of the Services may cause harm or legal liability; or
• We decide to discontinue the Services in whole or in part.
  You may stop using the Services at any time and, if applicable, cancel your Subscription as
  described in Section 6.
  Upon termination, your right to access the Services will cease, but certain provisions of these
  Terms (including Sections 7–15) will survive termination.

1. Contact Information
   If you have any questions about these Terms, please contact us at:
   VyperFocus LLC
   Austin, Texas
   Email: [support@darkorchid-duck-553197.hostingersite.com]
   VYPER FOCUS – PRIVACY POLICY
   Last updated: [Month Day, Year]
2. Overview
   This Privacy Policy explains how VyperFocus L.L.C. (“Vyper Focus”, “we”, “us”, or “our”)
   collects, uses, shares, and protects information about you when you use our mobile application,
   website, and other online Services, and when you contact us or otherwise interact with us.
   This Privacy Policy is designed to meet requirements in:

• The General Data Protection Regulation (EU) 2016/679 (“GDPR”) and UK GDPR;
  (EUR-Lex)
• The California Consumer Privacy Act (CCPA), as amended by the CPRA, and other
  similar U.S. state privacy laws; (California Attorney General)
• Other applicable data protection and consumer laws, to the extent they apply to our
  processing of your data.

1. Who Is Responsible for Your Data

• For users worldwide (except as noted below), the data controller is:
  ◦ VyperFocus L.L.C.
  Austin, Texas [ZIP]
  United States
  support@darkorchid-duck-553197.hostingersite.com
• If required by EU/UK law, we may designate an EU and/or UK representative. If and
  when appointed, we will update this Privacy Policy with their contact details.
  You can contact us about privacy at: [privacy@darkorchid-duck-553197.hostingersite.com] or
  [support@darkorchid-duck-553197.hostingersite.com].

1. Information We Collect
   We may collect the following categories of information (depending on how you interact with the
   Services):
   3.1 Account and Contact Information

• Name, username, email address, password;
• Country, time zone, preferred language;
• Sport(s) you play, role/position, performance level (e.g., college, pro, recreational) if you
  choose to provide it.
  3.2 Profile and Goal Information
• Performance goals you enter (e.g., “improve focus in final minutes,” “reduce pre-game
  anxiety”);
• Notes or tags you associate with your sessions, playlists, and custom mindsets;
• Any self-reported information about your mindset or performance challenges.
  3.3 Usage and Device Information
• App and website activity (features used, content viewed, audio sessions played, time
  spent);
• Device identifiers, operating system, app version, browser type, IP address, and
  approximate location (e.g., city or region);
• Log data such as access times, pages or screens viewed, crash reports, and diagnostics.
  3.4 AI Interaction Data
• Text prompts and answers you provide to our “Coach” or other AI features;
• System-generated metadata about session performance (e.g., completion, skips,
  favorites).
  3.5 Payment and Subscription Information
• Subscription type, status, and renewal dates;
• Limited payment information (e.g., last four digits of card, billing country) from our
  payment processors or app stores. We do not directly process full payment card numbers;
  payments are handled by third-party processors or app stores subject to their own terms
  and privacy policies.
  3.6 Communications
• Messages you send to us (support tickets, feedback, reviews);
• Email engagement (whether you opened or interacted with emails we send).
  3.7 Cookies and Similar Technologies
  We may use cookies, SDKs, and similar technologies to:
• Remember your preferences;
• Understand usage and performance;
• Provide analytics and, where permitted by law, targeted or interest-based advertising.
  Where required, we will request your consent for non-essential cookies.
  3.8 Sensitive Information
  We do not ask you to share detailed health or medical information. However, your prompts and
  responses may indirectly reveal information about your mental state or well-being (e.g., “I feel
  anxious before matches”). In some jurisdictions, this may be treated as sensitive or “special
  category” data. Where required by law, we will obtain your consent or rely on another legal basis
  permitted by law.
  Please do not provide information about third parties (e.g., teammates, coaches) unless you have
  their permission and it is lawful to do so.

1. How We Use Your Information (Purposes and Legal Bases)
   We use your personal data for the following purposes:
   4.1 To Provide the Services

• Creating and managing your account;
• Delivering audio content and personalized sessions;
• Generating customized mindsets using your prompts and answers;
• Saving and syncing playlists and session history.
  Legal basis (EEA/UK): Performance of a contract (Art. 6(1)(b) GDPR).
  4.2 To Personalize and Improve the Services
• Recommending sessions based on your usage and goals;
• Customizing app experience and messaging;
• Conducting analytics to understand how users engage with the Services and improve UX.
  Legal basis: Legitimate interests (Art. 6(1)(f) GDPR) in improving our Services, and/or your
  consent where required.
  4.3 To Communicate with You
• Sending transactional messages (account changes, security alerts, subscription notices);
• Sending marketing or promotional messages (where permitted by law), including updates
  about new features or content;
• Responding to your inquiries and support requests.
  Legal basis: Performance of a contract and legitimate interests; for marketing emails in the
  EEA/UK, consent or soft opt-in where allowed.
  4.4 For Security and Fraud Prevention
• Monitoring, detecting, and preventing fraud, abuse, and security incidents;
• Protecting our systems, Services, and rights.
  Legal basis: Legitimate interests; compliance with legal obligations.
  4.5 For Legal and Regulatory Compliance
• Complying with applicable laws, regulations, and legal processes;
• Responding to lawful requests from public authorities;
• Enforcing our Terms.
  Legal basis: Compliance with legal obligations (Art. 6(1)(c) GDPR) and legitimate interests.
  4.6 For Research and Development
• Aggregating and anonymizing data to analyze performance, usage trends, and
  effectiveness;
• Developing new features, products, and services.
  Legal basis: Legitimate interests; if required, consent.
  Where we rely on consent, you may withdraw it at any time through in-app settings or by
  contacting us. This will not affect the lawfulness of processing before withdrawal. (GDPR)

1. How We Share Your Information
   We may share your information in limited circumstances:
   5.1 Service Providers/Processors
   With trusted third-party vendors who provide services on our behalf, such as:

• Cloud hosting and storage;
• Analytics and crash reporting;
• Email and push notification delivery;
• Payment processing;
• Customer support tools.
  These providers are contractually obligated to process your data only on our instructions and to
  implement appropriate security measures.
  5.2 App Stores and Payment Partners
  If you purchase a Subscription via an app store, that store will process your payment and may
  receive limited information needed to manage your purchase and Subscription.
  5.3 Advertising and Analytics Partners
  Where permitted by law and consistent with your preferences, we may share limited
  pseudonymous identifiers and usage data with advertising and analytics partners to:
• Measure app performance and campaigns;
• Deliver or measure targeted ads (outside the EU/UK unless valid legal basis exists and
  consent is obtained where required).
  5.4 Business Transfers
  In connection with a merger, acquisition, financing, reorganization, sale of assets, or bankruptcy,
  your information may be disclosed to advisors, counterparties, and successors, subject to
  reasonable confidentiality protections.
  5.5 Legal and Safety
  We may disclose information if we believe it is reasonably necessary to:
• Comply with applicable laws, regulations, or legal processes;
• Protect the rights, property, or safety of VyperFocus L.L.C., our users, or others;
• Detect, prevent, or address fraud, security, or technical issues.
  5.6 Aggregated or De-Identified Data
  We may share aggregated or de-identified information that cannot reasonably be used to identify
  you (for example, overall usage statistics or anonymized performance trends).

1. International Data Transfers
   VyperFocus L.L.C. is based in the United States, and your information may be stored and
   processed in the U.S. and other countries that may not offer the same level of data protection as
   your home jurisdiction.
   Where required by law (e.g., for transfers from the EEA/UK/Switzerland to the U.S.), we will
   implement appropriate safeguards such as:

• Standard Contractual Clauses approved by the European Commission or UK
  authorities; and/or
• Other lawful transfer mechanisms.
  You can contact us for more information about the safeguards we use for international transfers.

1. Data Retention
   We retain your personal data for as long as reasonably necessary to:

• Provide the Services;
• Maintain and improve our relationship with you;
• Comply with our legal and contractual obligations;
• Resolve disputes and enforce our Terms.
  Retention periods may vary depending on the type of data and applicable laws. When we no
  longer need your data for the purposes described in this Policy, we will delete it or anonymize it,
  unless we are required to keep it longer by law.

1. Your Privacy Rights
   Your rights depend on where you live.
   8.1 Rights Under GDPR/UK GDPR (EEA/UK/Swiss Residents)
   Subject to certain conditions, you may have the right to:

• Access your personal data;
• Rectify inaccurate or incomplete personal data;
• Erase your personal data (“right to be forgotten”);
• Restrict the processing of your personal data;
• Object to processing based on legitimate interests or for direct marketing;
• Data portability, to receive a copy of certain data in a structured, commonly used,
  machine-readable format;
• Withdraw consent where processing is based on consent;
• Lodge a complaint with your local data protection authority. (GOV.UK)
  To exercise these rights, contact us at [privacy@darkorchid-duck-553197.hostingersite.com]. We may ask you to verify
  your identity before responding.
  8.2 Rights Under CCPA/CPRA and Similar U.S. State Laws (e.g., California Residents)
  If you are a California resident (and, in some cases, a resident of other U.S. states with similar
  laws), you may have rights to:
• Know / access the categories and specific pieces of personal information we have
  collected about you;
• Delete certain personal information, subject to exceptions;
• Correct inaccurate personal information;
• Opt out of the “sale” or “sharing” of personal information or targeted advertising where
  applicable;
• Limit the use of sensitive personal information, where applicable;
• Non-discrimination for exercising your rights. (California Attorney General)
  To exercise these rights, contact us at [privacy@darkorchid-duck-553197.hostingersite.com] with “CCPA Request” (or
  applicable state law) in the subject line and indicate the right you wish to exercise. We will verify
  and respond as required by law.
  We do not knowingly “sell” personal information in the traditional sense (i.e., for money), but
  we may use analytics and advertising technologies that could be considered a “sale” or “sharing”
  under certain state laws. Where required, we will provide a “Do Not Sell or Share My Personal
  Information” mechanism.

1. Children’s Privacy
   The Services are not intended for children under 13 (or under 16 in the EEA/UK) without
   parental consent and supervision.
   We do not knowingly collect personal information from children below these ages without
   appropriate consent. If you believe we have collected personal data from a child in violation of
   this Policy, please contact us, and we will take reasonable steps to delete such information.
2. Security
   We use technical and organizational measures designed to protect your personal data against
   unauthorized access, loss, misuse, or alteration, such as:

• Encryption in transit (e.g., HTTPS) and, where applicable, at rest;
• Access controls and authentication;
• Monitoring for suspicious activity.
  However, no system or transmission is completely secure. You use the Services at your own risk.
  You are responsible for maintaining the security of your login credentials.

1. Third-Party Websites and Apps
   The Services may contain links to third-party websites or apps. We are not responsible for the
   privacy practices of those third parties. We encourage you to read their privacy policies before
   providing any personal information to them.
2. Changes to This Privacy Policy
   We may update this Privacy Policy from time to time. If we make material changes, we will
   notify you via the Services, by email, or by other reasonable means. The “Last updated” date at
   the top of this Privacy Policy indicates when it was last revised.
   Your continued use of the Services after the effective date of any changes means you accept the
   revised Privacy Policy. If you do not agree, you should stop using the Services.
3. Contact Us
   If you have questions or concerns about this Privacy Policy or our data practices, or if you want
   to exercise your rights, you can contact us at:
   VyperFocus L.L.C.
   Austin, Texas
   United States