ThermAdapt

End User License Agreement (EULA)

Effective Date: May 9, 2025

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THERMADAPT. BY INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Acceptance of Terms

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Caio Luchesi ("Developer", "we", "us", or "our") governing your use of the ThermAdapt mobile application ("App"). By downloading, installing, or using the App, you confirm that you are at least 18 years of age and accept these terms in full.

2. License Grant

Subject to your compliance with this Agreement, Developer grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on mobile devices that you own or control, solely for your personal, non-commercial use.

3. Not Medical Advice — IMPORTANT HEALTH DISCLAIMER

THERMADAPT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

The App provides general wellness information and personalized thermal therapy protocols based on self-reported user data. This information is intended for educational and informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment.

You acknowledge and agree that:

• Thermal therapy activities, including sauna use, cold immersion, contrast therapy, and red light therapy carry inherent risks including but not limited to cardiovascular stress, hypothermia, hyperthermia, dizziness, fainting, burns, and in extreme cases, serious injury or death.

• You should consult a qualified healthcare provider before beginning any thermal therapy program, particularly if you have or suspect any medical condition, take prescription medications, or are pregnant.

• The safety screening and recommendations provided by the App are based solely on information you enter and do not constitute a medical evaluation.

• You assume full responsibility for any health decisions made in connection with your use of the App.

4. Assumption of Risk

You expressly acknowledge that thermal therapy involves significant physical risk. By using this App, you voluntarily assume all risks associated with thermal therapy activities, including risks that may result from the App's recommendations. You agree that the Developer is not responsible for any injuries, illness, or adverse health events that occur during or after use of the App.

5. User Responsibilities

You agree to:

  • Provide accurate information during onboarding and profile setup.

  • Not use the App if you are experiencing a medical emergency — call emergency services immediately.

  • Stop any thermal therapy session immediately if you experience pain, dizziness, difficulty breathing, chest pain, or any other concerning symptoms.

  • Ensure the physical environment in which you conduct thermal therapy is safe and properly maintained.

  • Keep your profile information accurate and up-to-date, particularly any changes to medical conditions or medications.

6. Intellectual Property

The App, including all content, features, design, source code, algorithms, and protocols, is owned by the Developer and is protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works based on the App without express written permission from the Developer.

7. User Data

All data you enter into the App — including health conditions, medications, session history, and personal metrics — is stored locally on your device. The Developer does not collect, access, or transmit your personal health data to any server. You are solely responsible for backing up your data. You may delete all app data at any time by uninstalling the App or clearing its local storage through your device settings. See our Privacy Policy for full details.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF HEALTH, PROFITS, DATA, OR GOODWILL ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DEVELOPER'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Developer from and against any claims, liabilities, damages, judgments, and expenses (including reasonable legal fees) arising out of or relating to your use of the App, your violation of this Agreement, or your violation of any rights of another.

11. Updates and Modifications

The Developer may update the App or modify these terms at any time. Continued use of the App after any such changes constitutes your acceptance of the new terms. We will make reasonable efforts to notify users of material changes through in-app notices or updated effective dates.

12. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you breach any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Pinellas County, Florida.

14. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Developer regarding the App and supersedes all prior agreements, understandings, and representations.

15. Contact

If you have questions about this Agreement, please contact us through the App's support channel or the contact information provided on the applicable app store listing (Google Play or Apple App Store).

Last Updated: May 9, 2025