Aevantide — Terms of Service

Effective Date: [To be set on launch] Product: Aevantide — consumer wellness and longevity mobile application and web service Operator: [New Idaho single-member LLC, pending formation] Contact: tylervolkmann@gmail.com

Attorney Review Required Before Commercial Launch This document is a first-pass draft prepared for trademark/IP or consumer-technology counsel review. It is not a substitute for legal counsel. A licensed attorney must review and finalize this document before Aevantide is offered to the public, offered to paying subscribers, or submitted to any app store. Particular attention is needed on the arbitration/class-action waiver (enforceability varies by state), the health/FDA General Wellness disclaimer (language must match actual product scope at launch), subscription/auto-renewal terms (state-specific ARL statutes — California, New York, Vermont, and others), and biometric data provisions (state-specific BIPA-style laws).

1. Agreement to These Terms

These Terms of Service ("Terms") govern your access to and use of the Aevantide mobile application, website at aevantide.com, and any related services (collectively, the "Service") operated by Volkmann Health Technologies LLC, an Idaho limited liability company doing business as Aevantide ("Aevantide," "we," "us," or "our").

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

These Terms constitute a legal agreement between you and Aevantide. Please read them carefully.

2. Nature of the Service

Aevantide is a consumer wellness application that provides general educational information about healthy lifestyle habits, longevity, healthspan, sleep, physical activity, nutrition, and related general-wellness topics. The Service allows users to log and visualize self-reported wellness data, set personal wellness goals, and optionally sync data from consumer wearable devices.

Aevantide is designed and intended as a general wellness product within the meaning of the U.S. Food and Drug Administration's "General Wellness: Policy for Low Risk Devices" guidance. Aevantide is not a medical device, does not diagnose or treat any disease or medical condition, and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

2a. Aevantide is NOT:

• A medical device
• A diagnostic tool
• A source of personalized medical advice or treatment recommendations
• A substitute for physician care, therapist care, or any licensed healthcare relationship
• An emergency service (if you are experiencing a medical emergency, call 911 or your local emergency number immediately)

2b. Aevantide IS:

• A general-wellness information and self-tracking tool
• A means to log and visualize information you choose to enter about your own lifestyle habits
• A source of general educational content about longevity and healthspan
• An optional aggregator of data you choose to import from third-party consumer wearables

3. Health Information Disclaimer

The content, features, and outputs of the Service are for general informational and educational purposes only. Nothing in the Service is intended to be, and nothing in the Service should be construed as, medical advice, diagnosis, or treatment.

You should always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition, medication, supplement, dietary change, or exercise program. Never disregard professional medical advice, delay seeking medical advice, or discontinue medical treatment because of something you have read, seen, or done in the Service.

Aevantide does not recommend or endorse any specific test, physician, product, procedure, opinion, or other information that may appear in the Service. Reliance on any information provided by the Service is solely at your own risk.

If you think you may have a medical emergency, call your doctor or 911 immediately.

4. Eligibility

You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age.
• You are competent to enter into a legally binding agreement.
• You are not prohibited from using the Service under applicable law.
• The information you provide during registration is true, accurate, current, and complete.

The Service is not directed at children under 13 years of age. Aevantide does not knowingly collect personal information from children under 13. If we learn we have collected personal information from a child under 13 without verifiable parental consent, we will delete that information. If you believe we have collected information from a child under 13, please contact us.

5. Accounts and Security

5a. Account creation.

Certain features of the Service require you to create an account. You agree to provide accurate and complete information during registration and to keep that information current.

5b. Account security.

You are responsible for safeguarding your account credentials. You agree not to share your credentials with any other person. You are solely responsible for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.

5c. One account per person.

You may maintain only one active account per person unless expressly authorized by Aevantide.

6. Subscriptions, Fees, and Auto-Renewal

[Placeholder — final language depends on monetization model chosen at launch: freemium, subscription, one-time purchase, in-app purchase, or combination. Counsel to tune the specific language below to match the final model and to comply with state automatic-renewal laws (California ARL, New York GBL §527-a, Vermont 9 V.S.A. §2454a, and others).]

6a. Free and paid tiers.

The Service may be offered as a free tier, a paid subscription tier, or a combination. Details of current pricing, billing frequency, and feature access are available at aevantide.com/pricing and within the mobile application at the time of purchase.

6b. Auto-renewal.

If you purchase a subscription, your subscription will automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. You may cancel at any time through your account settings or through the applicable app store (Apple App Store or Google Play). Cancellation takes effect at the end of the current billing period.

6c. Refunds.

Subscription fees are non-refundable except where required by applicable law. If your subscription was purchased through the Apple App Store or Google Play, refund requests are governed by that platform's refund policy.

6d. Changes to fees.

We may change subscription fees at any time. For existing subscribers, fee changes will take effect at the next renewal and will be communicated at least 30 days in advance.

7. Wearable Device and Third-Party Data Integration

If you choose to connect a wearable device or third-party health service (such as Apple Health, Google Fit, Oura, Whoop, Garmin, Fitbit, or similar) to the Service, you authorize Aevantide to receive data from that device or service in accordance with the permissions you grant and the third party's terms.

You understand that:

• Third-party data accuracy depends on the third-party device or service; Aevantide does not validate or warrant the accuracy of such data.
• You may revoke data-sharing permissions at any time through your device settings or account settings.
• Aevantide's use of data received from third-party services is governed by the Aevantide Privacy Policy.
• Your use of the third-party service remains subject to that service's own terms and privacy policy.

8. User Conduct and Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law, regulation, or court order.
• Impersonate any person or entity or misrepresent your identity or credentials.
• Enter data about any person other than yourself unless you have that person's written consent and the legal authority to do so.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, other users' accounts, or Aevantide's systems.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except as permitted by applicable law.
• Use any automated system (bot, scraper, crawler) to access the Service except as expressly authorized.
• Copy, reproduce, republish, distribute, or commercially exploit any content from the Service except as expressly permitted.
• Use the Service to harass, threaten, or harm any other person.
• Upload or transmit any virus, malware, or other malicious code.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service.

Aevantide reserves the right to suspend or terminate your access to the Service for any violation of these Terms, with or without notice.

9. User Content

If you submit, post, or transmit any content through the Service (including but not limited to notes, goals, photographs, voice recordings, or feedback) ("User Content"), you grant Aevantide a non-exclusive, royalty-free, worldwide license to store, process, display, and use that User Content solely for the purpose of operating, maintaining, and improving the Service and providing it to you.

You retain all ownership rights in your User Content. You represent and warrant that you have all rights necessary to grant the license above, and that your User Content does not violate any law or infringe any third-party right.

Aevantide does not pre-screen User Content and is not responsible for User Content submitted by users. We reserve the right, but not the obligation, to remove any User Content that violates these Terms.

10. Intellectual Property

All content, features, and functionality of the Service (other than User Content), including text, graphics, logos, icons, images, audio, video, code, and the overall look and feel, are owned by Aevantide or its licensors and are protected by copyright, trademark, and other intellectual property laws.

AEVANTIDE™ and all associated logos are trademarks or service marks of Volkmann Health Technologies LLC, pending registration with the United States Patent and Trademark Office. You may not use any Aevantide trademark without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, in accordance with these Terms. Any use outside this license is prohibited.

11. No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• WARRANTIES THAT CONTENT IN THE SERVICE IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES THAT DATA RECEIVED FROM THIRD-PARTY WEARABLES OR SERVICES IS ACCURATE.

Information in the Service may be out of date, and Aevantide makes no commitment to update it. Your use of the Service is at your sole risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEVANTIDE, ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND AFFILIATES (COLLECTIVELY, "AEVANTIDE PARTIES") SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
• LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY.
• PERSONAL INJURY, ILLNESS, ADVERSE HEALTH OUTCOME, OR DEATH ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, ANY INFORMATION IN THE SERVICE, OR ANY ACTION YOU TAKE OR DO NOT TAKE BASED ON INFORMATION IN THE SERVICE.

IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF AEVANTIDE PARTIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AEVANTIDE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AEVANTIDE'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Aevantide Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third-party right, including any intellectual property right, privacy right, or contractual right.
• Any claim alleging personal injury, illness, adverse health outcome, or death resulting from your use of the Service or any decision you made informed by the Service.

14. Dispute Resolution — Arbitration and Class Action Waiver

[Counsel note: This section should be reviewed carefully. Arbitration clauses in consumer contracts are enforceable in most U.S. jurisdictions but are subject to scrutiny for unconscionability, and California courts have imposed specific notice and cost-shifting requirements. Consider AAA Consumer Rules or JAMS Streamlined Arbitration as the rule set. Consider whether a small-claims carve-out is appropriate. Class action waiver is enforceable under AT&T Mobility v. Concepcion (2011) in most states, but state-level enforceability continues to evolve.]

14a. Informal resolution first.

Before filing any formal claim, you agree to contact us at tylervolkmann@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve any dispute in good faith within 60 days.

14b. Binding arbitration.

If the dispute is not resolved informally, you and Aevantide agree that any dispute arising from or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by [AAA or JAMS — counsel to select] in Latah County, Idaho, under the then-current Consumer Arbitration Rules of the selected arbitrator.

14c. Class action waiver.

YOU AND AEVANTIDE AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

14d. Small-claims carve-out.

You or Aevantide may bring an individual claim in small-claims court located in Latah County, Idaho if the claim qualifies for small-claims jurisdiction.

14e. Opt-out.

You may opt out of this arbitration agreement by sending written notice to tylervolkmann@gmail.com within 30 days of first accepting these Terms. Opt-out notice must include your name, your Aevantide account email, and a statement that you are opting out of the arbitration agreement.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles. Subject to Section 14 (Arbitration), any action not subject to arbitration shall be brought in the state or federal courts located in Latah County, Idaho, and you consent to the jurisdiction of those courts.

16. Termination

16a. Termination by you.

You may stop using the Service at any time. You may delete your account through account settings, which will initiate the data-deletion process described in the Privacy Policy.

16b. Termination by Aevantide.

Aevantide may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including for violation of these Terms.

16c. Effect of termination.

Upon termination, your right to access the Service ceases immediately. Sections 9, 10, 11, 12, 13, 14, 15, and 17 survive termination.

17. Miscellaneous

17a. Entire agreement.

These Terms, together with the Privacy Policy and any additional terms presented at the time of a specific transaction or feature, constitute the entire agreement between you and Aevantide.

17b. Modifications.

Aevantide may modify these Terms from time to time. Material changes will be communicated through the Service or by email, and the Effective Date at the top will be updated. Continued use of the Service after the Effective Date of modified Terms constitutes your acceptance of those Terms.

17c. Severability.

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

17d. No waiver.

Aevantide's failure to enforce any provision of these Terms does not constitute a waiver of that provision.

17e. Assignment.

You may not assign these Terms without Aevantide's written consent. Aevantide may assign these Terms at any time.

17f. Apple App Store / Google Play terms.

If you downloaded the Aevantide mobile application from the Apple App Store or Google Play, additional terms from those platforms apply. In the event of a conflict between those terms and these Terms, the applicable platform terms control for the limited subject matter they address.

17g. Contact.

Questions about these Terms may be sent to:

Volkmann Health Technologies LLC dba Aevantide Attn: Legal Moscow, Idaho tylervolkmann@gmail.com

This document is a pre-attorney-review draft. It is not legal advice and must be reviewed and finalized by a licensed attorney before Aevantide is offered to the public or submitted to any app store.

Version 0.1 — 2026-04-16