1. Acceptance of Terms
These Terms of Service (the “Terms”) form a legally binding agreement between you and Phorm Labs, Inc. (“Phorm,” “we,” “us,” or “our”) governing your access to and use of the Phorm mobile application, the website at phorm.app, and any related services (collectively, the “Services”).
By creating an account, downloading, installing, or using Phorm, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 13 years old (or 16 in the EEA and UK) to use Phorm, and you must have the legal capacity to enter into these Terms. By using the Services, you represent and warrant that you meet these requirements and that the information you provide to us is accurate.
3. License (EULA)
Subject to these Terms, Phorm grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, and in accordance with the Usage Rules set forth in the Apple Media Services Terms and Conditions.
You agree not to:
- Copy, modify, decompile, reverse engineer, or create derivative works of the App except to the extent permitted by law.
- Rent, lease, sell, sublicense, distribute, or transfer the App or your account.
- Use the App or any Phorm output (scores, AI feedback, training plans) to train, fine-tune, or evaluate any machine learning model without our prior written consent.
- Interfere with or attempt to disrupt the Services, probe for vulnerabilities (except under a coordinated disclosure), or circumvent any security or rate-limiting measure.
- Use the Services in violation of any applicable law or to upload unlawful or infringing content.
4. Subscriptions and Auto-Renewal
Phorm offers auto-renewing subscriptions to Phorm Pro through the Apple App Store. The following terms apply, in addition to Apple's Media Services Terms:
Free trial
New subscribers may receive a 14-day free trial of Phorm Pro. Any unused portion of the trial is forfeited if you purchase a subscription during the trial.
Pricing
- Phorm Pro Monthly — $14.99 / month (US).
- Phorm Pro Annual — $99.00 / year (US, ~45% savings).
Local prices in your region are displayed in the App at the time of purchase. Prices are inclusive of applicable taxes where required.
Auto-renewal
Your subscription automatically renews at the end of each subscription period at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period. Your iTunes Account will be charged for renewal within 24 hours prior to the end of the current period.
Managing or cancelling your subscription
You can manage your subscription and turn off auto-renewal at any time by going to your Account settings on the App Store after purchase. Cancellation takes effect at the end of the current billing period; you will continue to have Pro access until that date. Phorm cannot directly cancel an Apple subscription on your behalf.
Refunds
All payments are processed by Apple and refund requests must be made through Apple. To request a refund, visit reportaproblem.apple.com.
5. Your Account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at security@phorm.app if you suspect unauthorized access. We are not liable for any loss arising from your failure to safeguard your credentials.
6. Your Content
You retain ownership of the videos, photos, notes, and other content you create or upload through the Services (“Your Content”). You grant Phorm a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Your Content solely as necessary to provide and improve the Services for you. We will not use Your Content for marketing or to train third-party AI models.
You represent and warrant that you have the rights necessary to upload Your Content and that it does not violate any law or any third party's rights.
7. Health and Fitness Disclaimer
Phorm is a fitness and wellness tool, not a medical device. The Services do not provide medical advice, diagnosis, or treatment. Always consult a qualified physician before beginning a new training program, especially if you have or suspect any medical condition, are pregnant, or are recovering from injury. Form scores, AI feedback, and Readiness recommendations are estimates based on sensor and video data; they may be wrong, and they do not replace the judgment of a licensed healthcare or fitness professional.
You are solely responsible for the safety of your training. Stop immediately and seek medical attention if you experience pain, dizziness, or any unusual symptoms.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHORM AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 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 ACCURATE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHORM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID PHORM IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US$50.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the foregoing limitations apply only to the maximum extent permitted.
10. Indemnification
You agree to indemnify and hold harmless Phorm and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your use of the Services, (b) Your Content, or (c) your violation of these Terms or applicable law.
11. Termination
You may stop using the Services and close your account at any time through Settings → Account. We may suspend or terminate your access if we reasonably believe you have violated these Terms, if your use creates risk for Phorm or other users, or as required by law. The sections of these Terms that by their nature should survive termination will survive.
12. Apple-Specific Terms
These Terms are between you and Phorm, not Apple, and Apple is not responsible for the App or its content. To the extent the App is accessed or used on an Apple device, the following additional terms apply:
- Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms.
- Apple has no obligation to provide maintenance and support services for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if applicable). Apple has no warranty obligation whatsoever with respect to the App.
- Apple is not responsible for addressing 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 or regulatory requirement, or claims arising under consumer protection or similar legislation.
- In the event of a third-party claim that the App or your use of the App infringes intellectual property rights, Phorm — not Apple — is responsible for the investigation, defense, settlement, and discharge of the claim.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you are not located in a country subject to a U.S. Government embargo, or that has been 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.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Subject to the section below, any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdiction there.
14. Arbitration and Class-Action Waiver (US)
If you are a U.S. resident, you and Phorm agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. You and Phorm waive any right to a jury trial and to participate in a class action. You may opt out of this Section by emailing legal@phorm.app within 30 days of first accepting these Terms.
15. Changes to These Terms
We may update these Terms from time to time. If the changes are material, we will notify you in the App or by email at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
16. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Phorm regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
Questions about these Terms? Reach us at:
Phorm Labs, Inc.
Attn: Legal
548 Market St, PMB 60416
San Francisco, CA 94104
legal@phorm.app