KHNUM TERMS OF SERVICE

1. Acceptance of These Terms; Defined Terms; Assent Records

1.1 Binding Agreement. These Terms of Service ("Terms") form a legally binding contract between you ("you," "your," or "User") and Khnum ("KHNUM," "we," "us," or "the Owner"), which operates the KHNUM website at khnum.io, progressive web application, and related services (collectively, the "Service").

1.2 Defined Terms. "Educational Content" means general informational material, including exercise descriptions, form cues, curated routines, Safety Cautions, and lifestyle and erection-quality ("EQ") educational material. "Self-Tracking Tools" means features that let you record, store, chart, and review information you enter about yourself. "Pattern Summaries" means automated, rule-based readouts (including any feature labeled "coach," "plateau," "deload," or "deconditioning-break" prompt) that describe patterns in data you yourself logged. "Gamification Features" means experience points (XP), levels, streak counters, achievements, badges, and similar motivational elements. "Released Parties" has the meaning given in Section 5.4.

1.3 Layered, Logged Assent. Acceptance of these Terms is recorded through a multi-screen consent flow at account creation, each screen presenting a distinct, un-pre-checked checkbox, and each acceptance event logged on our servers with a timestamp, IP address, and session identifier. The flow includes, at minimum and as separate logged events: (a) general acceptance of these Terms and the Privacy Policy; (b) the standalone Assumption of Risk and Release screen (Section 5); (c) the separate Data Privacy and Security acknowledgment and consent (Section 11 and the Privacy Policy); and (d) the Arbitration Notice (Section 13). By using the Service you represent that you completed and submitted each applicable screen. If you do not recall being presented with any of these screens, contact us at the address in Section 18 before continuing to use the Service.

1.4 Related Documents. These Terms incorporate by reference the Privacy Policy and the versioned Safety Cautions identified in Section 6.4.

1.5 Plain-English Summaries. Italicized "In short" summaries are for readability only and do not modify, limit, or replace the operative text of any section.

2. Eligibility — Adults 18 and Older Only; Age Verification; Geo-Restriction; Minor Incident Response

In short: KHNUM is strictly for adults 18+. We verify age beyond a checkbox, we block jurisdictions whose laws we have not yet met, and if we learn a user is a minor we suspend (not silently delete) and involve counsel.

2.1 Minimum Age. The Service is intended solely for adults who are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher). The Service contains frank, adults-only material relating to male sexual anatomy and function.

2.2 Representation and Warranty. By creating an account, you represent and warrant that you are at least 18, that all registration information is true, and that you have legal capacity to enter into these Terms.

2.3 Affirmative Age Gate. Account creation requires an affirmative, un-pre-checked acknowledgment that you are 18 or older. Misrepresenting your age is a material breach of these Terms and renders your account void from inception.

2.4 Technical Age-Assurance Measures. Beyond the affirmation in Section 2.3, we apply technical measures intended to exclude minors, which may include: email verification before account activation; declining to activate accounts that present signals of underage use; server-side logging of the age affirmation with timestamp and IP; capture of age at signup rather than through any social login that bypasses age capture; and, for any paid tier or full exercise-content access, an additional age-verification check through a recognized age-verification provider where required by the law of your jurisdiction.

2.5 Geo-Restriction. The Service is not available to residents of any jurisdiction that requires age-verification measures the Service has not yet implemented, including jurisdictions with enacted "reasonable age verification" statutes for content harmful to minors. We apply server-side controls intended to restrict access from those jurisdictions. Access from a restricted jurisdiction is prohibited, and any account created in circumvention of that restriction is void from inception.

2.6 No Knowing Collection from Minors. We do not knowingly collect data from anyone under 18.

2.7 Minor Access Incident Response. Upon credible information that an account holder may be under 18 — including a school-domain email, a disclosure in support correspondence, a third-party report, or a court order — the account will be immediately suspended pending investigation. Where a legal claim or regulatory inquiry is reasonably anticipated, data associated with the account will be preserved rather than deleted, because deletion after a claim arises may constitute spoliation of evidence; counsel will be notified before any data action is taken. Absent anticipated litigation, the account and associated data will be terminated and deleted.

2.8 Reporting and Minor Rights Preservation. If you believe a minor is using the Service, contact us at the address in Section 18. Nothing in these Terms limits the right of a parent, guardian, or next friend acting on behalf of a minor to seek relief, including injunctive relief, in a court of competent jurisdiction; no minor is or can be compelled to arbitrate under Section 13.

3. What the Service Is — Educational and Self-Tracking Only; Not a Product; Coach and Pattern Summaries; Copy Discipline

In short: KHNUM is an educational and self-tracking service. It is not medicine, not a doctor, not a medical device, and not a "product" that prescribes anything. The coach only describes your own logged data.

3.1 Defined Scope. The Service consists solely of (a) Self-Tracking Tools, (b) Educational Content, and (c) Pattern Summaries, and nothing more.

3.2 General Information, Not Individualized Care. All Educational Content and Pattern Summaries are general and informational. They are not tailored clinical guidance, are not directed at diagnosing or treating any individual's condition, and are presented for self-education and self-tracking only. The fact that the Service stores or charts data you enter does not convert it into individualized care.

3.3 Coach and Pattern Summaries Are Descriptive, Not Prescriptive. Any Pattern Summary is a retrospective, computer-generated description of patterns in the historical data you logged. It describes what your log shows; it does not prescribe, recommend, or instruct any future action. KHNUM does not direct you to increase or decrease any activity, add or remove any exercise, or change any training parameter; any decision to modify your training is made solely by you, based solely on your own judgment. Terms used in Pattern Summaries — including "plateau," "deload," "deconditioning break," and "progression" — are descriptive labels for statistical patterns in your logged data only. They do not import, and should not be understood to imply, that penile training follows the stimulus-response physiology of validated athletic or resistance-training science, or that such patterns predict, cause, or confirm any anatomical adaptation. As a binding product commitment, Pattern Summaries will use descriptive, past-tense language (for example, "your logged sessions over the past 14 days average X minutes") and will not use imperative language a reasonable person would understand as a clinical recommendation. If any output nonetheless uses directive-sounding language, this Section 3.3 governs its interpretation and it does not constitute a recommendation, instruction, or medical advice.

3.4 Point-of-Output Disclosure. As a condition of providing any Pattern Summary or coach output, the Service displays, immediately adjacent to that output and before any linked exercise instruction, a conspicuous, non-dismissible disclosure substantially stating: "This is a summary of your own logged data — not medical advice, a coaching directive, or a recommendation. Do not change your training based on this summary. Consult a physician before changing your training." Your acknowledgment of this disclosure is logged.

3.5 Not a Medical Device; Not FDA-Evaluated; Not a Product. The Service is a general wellness and self-tracking service. The Service has not been evaluated by the U.S. Food and Drug Administration and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, including erectile dysfunction, Peyronie's disease, or any anatomical condition. The Service — including all Educational Content, form cues, Pattern Summaries, and coach output — constitutes an informational and self-tracking service, not a manufactured product, device, or good. No output of the Service is a product within the meaning of any products-liability statute or the Restatement (Third) of Torts: Products Liability. This characterization reflects the Service's design, scope, and intended use and is material to the allocation of risk in these Terms.

3.6 Copy-Discipline Covenant. KHNUM covenants that all in-app text — including achievement names, XP and level descriptions, streak messages, coach output, push-notification copy, and onboarding language — is subject to and consistent with the disclaimers in Sections 3, 4, and 6. No in-app text constitutes a representation that any exercise or method will produce any anatomical change, health improvement, or sexual-performance result. Where any in-app text appears to conflict with those disclaimers, these Terms control.

4. Not Medical Advice — No Provider-Patient Relationship; Consultation as a Condition of Use

In short: Nothing here is medical advice and we are not your doctor. Consult a physician before you start, consult a mental-health professional if you have body-image or compulsive-behavior concerns, and seek care if something seems wrong.

4.1 Not Medical Advice. Nothing in or produced by the Service constitutes medical, urological, physiotherapeutic, psychological, or other professional advice, diagnosis, or treatment. The Owner is not a licensed healthcare provider and does not provide care through the Service.

4.2 No Relationship Formed. Your use of the Service does not create any physician-patient, therapist-client, healthcare-provider, or other professional-client relationship between you and the Owner or any person associated with the Service. No Educational Content, form cue, Safety Caution, coach prompt, or Pattern Summary constitutes the practice of medicine or creates such a relationship. KHNUM is not a "provider of health care," "health care service plan," "contractor," or "employer" within the meaning of the California Confidentiality of Medical Information Act (Cal. Health & Safety Code section 56.05) or any comparable state statute; the data you enter is personal tracking data you voluntarily record for your own self-monitoring, not medical information created in the course of treatment.

4.3 Physician Consultation — Condition of Use. As a condition of using the Service, you agree to consult a qualified, licensed physician before beginning any exercise, routine, or training program described or tracked in the Service, and to obtain medical clearance if you have or may have any cardiovascular condition, diabetes, a bleeding or clotting disorder, a history of priapism, penile curvature or deformity, prior penile or pelvic injury or surgery, neuropathy, or any other condition physical training could affect. Before the exercise library or any routine is unlocked, you must affirmatively elect either (a) that you have consulted a licensed physician and received clearance, or (b) that you are proceeding without consulting a physician and knowingly accept the additional risk. Your election is logged server-side. If you choose not to consult a physician, you do so at your own risk and assume the risks described in Section 5.

4.4 Behavioral-Health Consultation. If you have or suspect you may have body dysmorphic disorder (BDD), obsessive-compulsive disorder (OCD), or other body-image or compulsive-behavior concerns, we strongly recommend you consult a licensed mental-health professional before using the Gamification Features or progress-comparison charts of the Service.

4.5 No Substitute for Professional Care. Never disregard, avoid, or delay seeking professional medical advice because of anything in the Service. If you think you have a medical emergency, call your physician or emergency services immediately.

4.6 Not HIPAA-Governed. The Owner is not a "covered entity" or "business associate" under HIPAA, and the Service is not a HIPAA-regulated medical record. We do not claim, and you should not assume, HIPAA-level protections. How we actually handle your data is described in the Privacy Policy.

5. Assumption of Risk and Release of Liability

In short: Both the physical exercises AND the app's tracking and engagement features can harm you — physically (including serious, permanent injury) and psychologically (including obsessive self-monitoring, body-image distress, or anxiety). You know both categories of risk, you accept them, and (where the law allows) you give up the right to sue us for ordinary negligence across both. This does not — and legally cannot — excuse gross negligence, recklessness, or intentional wrongdoing, and it does not waive your statutory consumer or privacy rights.

5.0 Standalone Presentation — Operative Commitment. This Section 5 is also presented to you on a dedicated, standalone screen at account creation, separate from the general Terms, with the heading and the risk list in Section 5.2 in bold or highlighted text, and a distinct, un-pre-checked "I have read and I accept the Assumption of Risk and Release" checkbox separate from general Terms acceptance. Your acceptance is logged server-side with a timestamp. This presentation is a contractual commitment; if you were not presented with this screen, contact us before continuing to use the Service.

5.1 You Understand the Activity Is Risky. The manual exercises, devices, routines, and methods described or tracked in the Service involve the application of force, tension, pressure, stretching, or restriction to sensitive penile and genital tissue, and are inherently dangerous physical activities that can cause injury — including serious, permanent injury — even when performed exactly as described.

5.1A No Clinical Validation — Acknowledged. You acknowledge that the exercise instructions, form cues, Safety Cautions, and routine descriptions in the Service may not account for your individual anatomy, condition, or medical history, and that you are solely responsible for assessing, with a licensed healthcare professional, whether any activity described or tracked in the Service is safe and appropriate for you.

5.2 Specific Risks You Knowingly Assume. You have been specifically warned of, understand, and voluntarily and knowingly assume all risks arising from your use of the Service and from any exercise, routine, device, or method you undertake, including but not limited to:

• (a) tearing or rupture of the tunica albuginea, including penile fracture;
• (b) injury to or over-stretching of the suspensory ligaments;
• (c) development or worsening of Peyronie's disease, fibrosis, scar tissue, or plaque formation;
• (d) vascular injury, including thrombosis, blood-vessel damage, and impaired blood flow;
• (e) nerve injury, including numbness, hypersensitivity, loss of sensation, and chronic nerve pain;
• (f) erectile dysfunction, whether temporary or permanent, and other impairment of sexual function;
• (g) bruising, discoloration, hematoma, edema, and lymphedema;
• (h) acute and chronic pain;
• (i) infection or skin damage;
• (j) psychological and emotional harm, including anxiety, stress, body-image distress, body dysmorphia, and compulsive or obsessive self-monitoring, including harm associated with Gamification Features;
• (k) aggravation of any pre-existing physical or psychological condition, and other injuries not listed here;
• (l) any error, omission, ambiguity, incompleteness, or missing contraindication in any exercise description, form cue, routine, Safety Caution, or coach output, including the risk that a technique described in the Service is incorrect, incomplete, or poorly suited to your individual anatomy, health history, or circumstances — factors known only to you; and
• (m) unauthorized access to, disclosure of, or loss of your self-reported measurements, session logs, EQ ratings, or notes stored in the Service, and any resulting embarrassment, reputational, financial, or emotional harm.

These risks may result in permanent disability, permanent loss of function, or other irreversible harm, and you accept them as the price of using the Service.

5.3 Your Responsibility; Verify Before You Act; Derivative Claims. You represent that you are physically and medically fit to undertake these activities, that you have consulted a physician as required by Section 4.3 (or knowingly chosen not to), and that you alone decide whether, when, how, and how intensely to perform any activity. Before performing any exercise, following any form cue, or modifying any training parameter in response to any content displayed by the Service, you will independently evaluate whether that activity is appropriate for you and you bear sole responsibility for that evaluation; you do not and will not rely on any content from the Service as a substitute for your own judgment or that of a licensed professional. You will stop immediately and seek medical attention upon any warning sign described in Section 6.4. You acknowledge that any derivative claim arising from your injuries — including loss of consortium, loss of services, or comparable claims by a spouse, partner, or family member — arises solely from your voluntary choice to assume the risks described in this Section.

5.4 Release and Waiver — Ordinary Negligence Only. To the fullest extent permitted by applicable law, you release, waive, discharge, and covenant not to sue the Owner and its owners, members, officers, employees, contractors, agents, and successors (collectively, the "Released Parties") from any and all claims, demands, liabilities, damages, losses, costs, and expenses arising out of or relating to your use of the Service or any activity you undertake in connection with it, that are based on the ORDINARY NEGLIGENCE of any Released Party. This release includes, without limitation, ordinary negligence in the design, development, maintenance, operation, or provision of the Service or its Educational Content; ordinary negligence in the design or operation of Gamification Features, Self-Tracking Tools, and Pattern Summaries, whether or not you performed any physical exercise; any alleged error, omission, deficiency, incompleteness, or inaccuracy in any exercise instruction, form cue, routine description, Safety Caution, or coach output, including any claim that such content constituted a negligent undertaking, negligent provision of safety information, or negligent instruction; and ordinary negligence in the security of the Service to the extent permitted by Section 8.6. It applies to claims for personal injury (including the injuries in Section 5.2), property damage, and economic and emotional harm, whether the harm is physical, psychological, or both.

5.5 What This Release Does NOT Cover. This release does NOT apply to, and you do NOT waive, any claim arising from gross negligence, recklessness, willful or wanton misconduct, fraud, or intentional wrongdoing by a Released Party, or any liability that cannot lawfully be waived or released.

5.6 Non-Waiver of Statutory Rights. Nothing in this Section 5 or anywhere in these Terms waives, releases, or limits any right or remedy you may have under any applicable consumer-protection or privacy statute, including the California Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law; the California Consumer Privacy Act as amended (including any right under Cal. Civ. Code section 1798.150, consistent with section 1798.192); New York General Business Law sections 349-350; the Texas Deceptive Trade Practices Act; or any comparable statute. The release in Section 5.4 applies to common-law tort claims only.

5.7 Hostile-Jurisdiction Carve-Out and Comparative-Fault Fallback. For Users in California, Virginia, New Jersey, New York, Connecticut, or any other jurisdiction in which a pre-injury release of personal-injury liability is void as against public policy (including under Cal. Civ. Code section 1668 as interpreted in Tunkl v. Regents, and under Virginia common law as interpreted in Hiett v. Lake Barcroft), Section 5.4 does not release the Released Parties from liability for personal physical injury to the extent such release is void there. In those jurisdictions, Sections 5.1A, 5.2, 5.3, and 6.4 remain in full force as the primary risk-allocation and comparative-fault mechanism, and your voluntary, informed participation after receiving the disclosures in Sections 4, 5, and 6 is relevant to any determination of comparative fault under applicable law.

6. No Guarantee of Results or Safety; Safety Cautions; Gamification; Clinical-Review Standard

In short: We promise no gains, no outcomes, and no safety. Read the versioned Safety Cautions, follow the stop-use triggers, and the game elements are optional and carry their own risks you can switch off.

6.1 No Guarantee of Results. The Owner makes no representation, warranty, or guarantee that any exercise, routine, or use of the Service will produce any particular outcome, measurement change, size change, or physiological or sexual-performance result. Any results are individual and vary. Manual penile-training methods are not clinically validated for permanent enlargement, and the Service makes no claim that they produce any measurable anatomical change.

6.2 No Efficacy or Establishment Claims; Gamification Is Not an Efficacy Claim. The Service does not predict, promise, or guarantee outcomes. No Gamification Feature — including XP, levels, streaks, achievements, badges, push notifications, or coach output — is intended or designed to communicate, and none should be interpreted as communicating, any efficacy claim, expected outcome, or typical result; such elements reflect only your logged activity and are provided solely for motivational self-tracking. No statement in any feature constitutes a claim that any method is proven, typical, or likely to work.

6.3 No Guarantee of Safety. We do not represent or warrant that any exercise, routine, device, or method described or tracked in the Service is safe for you or anyone. Safety depends on factors outside our control, including your anatomy, health, technique, and judgment.

6.4 Safety Cautions — Versioned, Incorporated, Minimum Content, Stop-Use Triggers. The Safety Cautions as presented to you at account creation (Version 1.0, dated June 26, 2026, displayed to you at signup and accessible in your account settings) are incorporated into and made part of these Terms and form part of the risk disclosure you acknowledge. The Owner commits that the Safety Cautions include at minimum: (a) technique-specific stop-use triggers for each category of exercise; (b) explicit contraindications for users with prior pelvic surgery, Peyronie's disease or suspected fibrosis, history of priapism, or cardiovascular or bleeding/clotting conditions; (c) a conspicuous warning that no coach prompt, plateau notice, or deload suggestion constitutes clearance to increase intensity and that such outputs must not be followed without independent physician consultation; and (d) a warning that certain exercises carry elevated risk of tunica albuginea injury if performed at excessive force, without adequate warm-up, or incorrectly. The Safety Cautions are presented on a mandatory, scrollable, separately acknowledged screen before any exercise card, routine, or form-cue content is rendered, and that acknowledgment is logged. You agree to stop immediately and seek prompt medical attention if you experience any sudden or sharp pain; any audible or tactile crackling, popping, or snapping; acute loss of erectile response; new asymmetry, curvature change, or deviation; a palpable lump, cord, or plaque; hematoma, blood blistering, or significant discoloration; numbness, tingling, or loss of sensation; or any symptom that persists beyond 48 hours or worsens. If we materially update the Safety Cautions, we will notify you and require your affirmative acknowledgment of the updated version before your next use of any exercise or training feature.

6.5 Gamification — Purpose, Risk, and Opt-Out. Gamification Features are optional motivational reference tools that help you organize and contextualize your own logged data. They carry no monetary value, confer no external benefit, and impose no external obligation, and they are not behavioral-conditioning systems, variable-ratio reinforcement schedules, or psychological-pressure mechanisms. They may, however, foreseeably contribute to compulsive engagement or distress for some users, particularly those with body-image or compulsive-behavior concerns; their specific risks are disclosed and separately acknowledged on the standalone Section 5 screen. You may disable Gamification Features — including streak counters, XP display, achievement notifications, and coach prompts — at any time from Settings or Calm Mode, without affecting your ability to log sessions or measurements. KHNUM has implemented features intended to reduce the risk of compulsive engagement, which may include a Calm Mode that suppresses gamified displays, a measurement-frequency limit, periodic reminders that the Service is a self-tracking tool and not a measure of your worth or health, and a mental-health resource link.

6.6 Clinical-Review Standard. The Owner's standard of care for Educational Content is that, before any exercise description, form cue, curated routine, technique instruction, or coach algorithm logic is first made available or materially updated, it is reviewed for medical safety and clinical reasonableness by at least one licensed urologist, pelvic-floor physiotherapist, or comparably qualified medical practitioner, and written records of that review are retained. This standard is incorporated into the risk-disclosure framework of Section 5.

7. Disclaimer of Warranties — "AS IS"

In short: The Service is provided "as is." We make no promises it will work, be accurate, secure, or uninterrupted.

7.1 AS IS / AS AVAILABLE. THE SERVICE, INCLUDING ALL EDUCATIONAL CONTENT, SELF-TRACKING TOOLS, PATTERN SUMMARIES, AND COACH OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

7.2 Disclaimer of Implied Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY PURPOSE OF ENLARGEMENT, HEALTH IMPROVEMENT, OR SEXUAL PERFORMANCE), TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

7.3 No Warranty of Accuracy, Availability, or Data Integrity. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT ANY CONTENT IS ACCURATE, COMPLETE, OR CURRENT; OR THAT DATA WILL NOT BE LOST. WE DO NOT GUARANTEE THAT YOUR DATA WILL BE PRESERVED OR RECOVERABLE, AND LOSS OF DATA DOES NOT ENTITLE YOU TO DAMAGES EXCEPT AS REQUIRED BY NON-WAIVABLE LAW.

7.4 No Advice Created. No advice or information obtained from the Service creates any warranty not expressly stated in these Terms.

7.5 Jurisdictional Limits. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you. Nothing in this Section limits any non-excludable statutory rights you may have, including consumer-protection rights under the law of your home jurisdiction.

8. Limitation of Liability

In short: For economic and data claims, our liability is capped. We do not put a dollar cap on personal-injury claims — those are governed by Section 5 and applicable law. We never limit liability the law says we cannot, and we never limit your statutory privacy rights.

8.1 Exclusion of Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Aggregate Cap — Economic and Data Claims Only. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY FOR CLAIMS FOR DATA LOSS, SERVICE UNAVAILABILITY OR OUTAGE, AND ECONOMIC LOSS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (b) FIFTY U.S. DOLLARS ($50).

8.3 Personal-Injury and Psychological-Injury Claims Are Not Dollar-Capped. The cap in Section 8.2 does not apply to claims for personal physical injury or psychological injury. Such claims are governed by the assumption-of-risk provisions in Section 5, the applicable law of your jurisdiction, and any non-excludable statutory rights under Section 8.5. No dollar cap is asserted for those claims.

8.4 Category Severability. The exclusion in Section 8.1 and the cap in Section 8.2 apply independently and to each category of claim separately. If any exclusion or limitation is held unenforceable as to a particular type of claim, that holding does not affect enforceability as to all other claims and categories, which remain in full force; in particular, unenforceability as to personal or psychological injury does not affect the cap's enforceability as to data-loss, outage, or economic claims.

8.5 Non-Excludable Liability. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for gross negligence, recklessness, willful misconduct, fraud, or — in jurisdictions where such limits are void — liability for death or personal injury caused by negligence. For the avoidance of doubt, no cap, release, or disclaimer in these Terms limits, waives, or conflicts with any right under the California Consumer Privacy Act (Cal. Civ. Code sections 1798.100 et seq.), including any right to statutory damages under section 1798.150, and any such right is expressly preserved consistent with section 1798.192.

8.6 Data Security. With respect to the security of your data, the Owner's obligation is to apply commercially reasonable technical and organizational measures appropriate to the sensitivity of the data, not to guarantee perfection. A breach attributable to a sophisticated external attack despite reasonable precautions is not a breach of that standard. This Section does not limit any non-waivable statutory right under Section 8.5.

8.7 Essential Basis. You acknowledge that Sections 7 and 8 are an essential basis of the bargain and reflect the allocation of risk between you and the Owner.

9. Indemnification by You

In short: If a third party brings a claim against us because of something you did, you cover us — except for our own serious wrongdoing, and only to the extent the law allows.

9.1 Your Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Released Parties from any and all third-party claims, demands, suits, regulatory actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any exercise, routine, device, or method you undertake; (c) your breach of these Terms or the Acceptable Use Policy; (d) your violation of any law or the rights of any third party; (e) your misrepresentation of your age or identity; (f) any User Content you submit; and (g) any derivative claim brought by a third party (such as a loss-of-consortium or wrongful-death claim by a spouse, partner, or family member) based on your injury, but only to the extent the underlying injury claim is itself barred or released under these Terms and only to the extent this indemnity is enforceable under applicable law.

9.2 Defense. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate. You will not settle any matter imposing an obligation on a Released Party without our prior written consent.

9.3 Carve-Out. This indemnity does not apply to liability arising from a Released Party's own gross negligence, recklessness, willful misconduct, or fraud, and does not apply against any minor or non-signatory.

10. Acceptable Use and User Content

In short: Don't misuse the app or post anything illegal — especially anything involving minors. You own your content; you're responsible for it.

10.1 Prohibited Conduct. You agree not to: (a) use the Service for any unlawful purpose or to facilitate harm to yourself or others; (b) submit, store, or transmit any content that depicts, describes, or solicits a minor in any sexual context, or that is otherwise illegal; (c) harass, threaten, or abuse any person; (d) reverse-engineer, scrape, overload, disrupt, or attempt unauthorized access to the Service or its data; (e) misrepresent your age or identity; or (f) resell, sublicense, or commercially exploit the Service without our written permission.

10.2 User Content. "User Content" means notes, journal entries, measurements, logs, and other material you submit. You retain ownership. You grant the Owner a limited, non-exclusive license to host, store, and process your User Content solely to provide the Service to you and as described in the Privacy Policy. You are solely responsible for your User Content and represent that you have the right to submit it.

10.3 Moderation and Removal. We are not obligated to monitor User Content but reserve the right to review, remove, or disable access to it and to suspend or terminate any violating account, without liability.

10.4 Zero Tolerance for Child Sexual Content. Any content that sexually depicts a minor will be removed, the account terminated, and the matter reported to the appropriate authorities (including the National Center for Missing & Exploited Children) as required by law.

11. Your Account, Your Data, Export, and Deletion; Sensitive-Data Consent

In short: Keep your login safe. Your tracking data is sensitive and we only collect it after a separate, specific consent. You can export anytime and delete your account with one tap.

11.1 Account Security. You are responsible for the confidentiality of your credentials and for all activity under your account. Notify us promptly of unauthorized use.

11.2 Sensitive Data — Separate, Logged Consent. The measurements, session logs, EQ ratings, and notes you enter are sensitive, sexual-health-adjacent personal information that you voluntarily submit. Collection of this data is conditioned on a separate, un-pre-checked consent checkbox presented at account creation, distinct from acceptance of these Terms, that specifically identifies health-adjacent and sex-life data as the subject of consent and links the Privacy Policy. The Owner does not process sensitive data before that separate consent is captured and logged server-side, and you may withdraw consent at any time via account deletion (which does not affect the lawfulness of processing before withdrawal).

11.3 Data Practices Summary. As more fully described in the Privacy Policy: your data is stored with a third-party cloud database provider (Supabase) under an executed Data Processing Agreement, with access controls including row-level security; the Service uses no third-party advertising or analytics trackers; and we do not sell or share your data for marketing or analytics.

11.4 Export and Deletion. You may export your data (in-app CSV export) and delete your account and associated data (in-app one-tap deletion) at any time. Deletion removes your personal data from the active database; residual copies in routine backups are purged within the period stated in the Privacy Policy. Deletion is subject to the litigation-preservation exception in Section 2.7.

11.5 No Backup Guarantee. We do not guarantee your data is backed up or recoverable. See Sections 7.3 and 8.

12. Fees and Changes to the Service

12.1 Current Offering. The Service may be offered free of charge during private beta. We may change, suspend, or discontinue all or part of the Service at any time without liability.

12.2 Future Paid Features. If we introduce paid features, the prices, billing terms, and any auto-renewal and cancellation rights will be disclosed to you before purchase and governed by additional terms presented at that time.

13. Dispute Resolution — Arbitration and Class-Action Waiver

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION. IT CONTAINS A 30-DAY OPT-OUT RIGHT (SECTION 13.8). This Section is presented as a conspicuous, separately acknowledged Arbitration Notice adjacent to the account-creation acceptance control, with an un-pre-checked checkbox, logged server-side.

In short: Most disputes go to individual arbitration, not court — but you can opt out within 30 days, you keep small-claims, public-injunction, and statutory-privacy rights, either party can seek emergency injunctive relief, and this does not apply where the law forbids it or to minors.

13.1 Informal Resolution First. Before initiating arbitration, you and the Owner agree to attempt informal resolution: the initiating party sends written notice of the dispute, the other party will respond substantively within 15 days, and the parties will negotiate in good faith for 30 days. Limitations periods are tolled during this window.

13.2 Agreement to Arbitrate. Except for the Excluded Claims in Section 13.6 and to the extent prohibited by applicable law, you and the Owner agree that any dispute arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, governed by the Federal Arbitration Act, rather than in court.

13.3 Administrator and Rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or, by mutual agreement, JAMS under its consumer rules).

13.4 Fees. Consistent with the AAA Consumer Arbitration Rules, the Owner will pay the filing, administration, and arbitrator fees for consumer claims as required by those rules, and cost provisions will not be applied so as to make pursuing a claim prohibitively expensive.

13.5 Class-Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE OWNER AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The class-action waiver does not apply to claims under Cal. Civ. Code section 1798.150 to the extent section 1798.192 prohibits such a waiver; any such claims may proceed in court as permitted by law.

13.6 Excluded Claims. This Section does not apply to: (a) claims qualifying for small-claims court; (b) claims to protect intellectual property; (c) the pursuit of public injunctive relief, which you may seek in a court of competent jurisdiction; and (d) any claim by or on behalf of a minor.

13.7 Public Injunctive Relief and Emergency Relief. Nothing in this Section waives your right to seek public injunctive relief in a court of competent jurisdiction (the California "McGill" carve-out). Either party may also seek emergency or temporary injunctive relief in a court of competent jurisdiction solely to prevent imminent, irreparable harm pending arbitration, without waiving the right to arbitrate.

13.8 Opt-Out (30 Days). You may opt out of this Section by sending written notice within 30 days of first accepting these Terms to the address in Section 18, stating your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

13.9 Mass-Arbitration Batching. If twenty-five (25) or more materially similar demands arising from substantially similar facts or theories are filed against the Owner within any 180-day period, the parties agree the administrator may administer them in batches of not more than fifty (50) for purposes of filing fees, arbitrator selection, and scheduling, with each claimant's claims resolved individually within the batch. This does not alter the individual nature of any claim or create a class proceeding.

13.10 Severability of Arbitration Terms. If the class-action waiver is found unenforceable as to a particular claim, that claim is severed and litigated in court while other claims remain in arbitration. If Section 13.2 as a whole is found unenforceable, disputes will be resolved in the courts identified in Section 14.

14. Governing Law, Venue, and Jury-Trial Waiver

14.1 Governing Law. These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and by the Federal Arbitration Act as to Section 13. You acknowledge you have had the opportunity to consult independent counsel about the effect of this choice, including on your right to bring personal-injury claims in your home state. This choice does not displace the mandatory consumer-protection or privacy laws of your home jurisdiction that cannot be waived by contract.

14.2 Venue. Subject to Section 13, any claim not subject to arbitration must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction and venue there.

14.3 Jury-Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE OWNER EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE NOT RESOLVED BY ARBITRATION.

14.4 Consumer-Protection Floor. Nothing in this Section deprives you of the protection of mandatory consumer-protection laws of your home jurisdiction that cannot be waived by contract.

15. Changes to These Terms

15.1 Right to Modify. We may modify these Terms as the Service and the law evolve, posting the updated Terms with a new "Last Updated" date.

15.2 Notice. For material changes, we will provide notice by email to your registered address and/or in-app notice at least 30 days before the changes take effect, unless a shorter period is required for legal or security reasons.

15.3 Acceptance; Re-Affirmation for Material Changes. Continued use after the effective date constitutes acceptance of non-material changes. For material changes — including any change to Section 5 (Assumption of Risk and Release), Section 6.4 (Safety Cautions), Section 8 (Limitation of Liability), Section 13 (Arbitration), the age-verification mechanism (Section 2), or the exercise and safety content — we will require you to affirmatively re-accept before continued use.

15.4 Right to Decline. If you do not agree to updated Terms, your sole remedy is to stop using the Service and delete your account.

16. Termination

16.1 By You. You may stop using the Service and delete your account at any time (Section 11.4).

16.2 By Us. We may suspend or terminate your access at any time, with or without notice, for any reason, including breach of these Terms, suspected minor access, or suspected unlawful use, subject to the preservation requirements of Section 2.7.

16.3 Survival. Sections 3-10, 11.2, 13, 14, and 17-19, and any provision that by its nature should survive, will survive termination.

17. Special Provisions for EU, UK, and Other Non-U.S. Users

In short: If your law protects you in ways this contract tries to limit, your law wins.

17.1 Intended Market. The Service is intended for users in the United States. We do not target the European Economic Area (EEA), the United Kingdom, or other jurisdictions whose mandatory consumer-protection or data-protection laws conflict with these Terms, and we apply geo-controls intended to restrict access.

17.2 Mandatory-Law Override. If you are a consumer in a jurisdiction whose law grants non-waivable rights, those mandatory protections prevail over these Terms to the extent of any conflict. In particular, for consumers in the EEA and UK, the pre-injury release (Section 5), the limitation of liability for death or personal injury caused by negligence (Section 8), the user indemnification (Section 9), and the mandatory arbitration and class-action waiver (Section 13) do NOT apply to the extent prohibited by applicable law, and you retain your statutory rights and the right to bring proceedings in your home courts.

17.3 Data Protection. Processing of personal data of EEA/UK users is subject to the GDPR/UK GDPR as described in the Privacy Policy, including the requirement of explicit, separate consent for special-category (health/sex-life) data and an executed data-processing agreement and lawful transfer mechanism with our cloud provider.

18. Contact

Questions, notices (including arbitration opt-out under Section 13.8), and privacy or breach reports may be sent to:

Khnum Email: khnumtracker@gmail.com (privacy requests: khnumtracker@gmail.com) Postal address: (available on request)

19. General Provisions

19.1 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed, and the remaining provisions continue in full force. This clause-by-clause severability applies in particular to Sections 5, 8, and 13.

19.2 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

19.3 Assignment. You may not assign these Terms without our consent. We may assign them, including in a merger, acquisition, or sale of assets; in that event the acquirer is bound by the privacy representations in effect when your data was collected, or you will be notified and given the rights described in the Privacy Policy.

19.4 Entire Agreement; No Oral Modification. These Terms, the Privacy Policy, and the incorporated Safety Cautions are the entire agreement regarding the Service and supersede all prior understandings. No statement made through the Service (including coach output, support messages, or marketing copy) modifies these Terms, which may be modified only as provided in Section 15.

19.5 Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including cloud-provider or infrastructure outages, government action, natural disasters, or pandemics. This Section does not limit your non-waivable rights and does not apply to personal-injury claims.

19.6 Headings and Summaries. Headings and italicized "In short" summaries are for convenience only and do not affect interpretation.

19.7 Interpretation. The parties intend these Terms to be construed fairly; any ambiguity in a release or limitation will be resolved consistent with applicable law.