Terms of Service — Lazarus

Effective [Date pending]

This document is awaiting final legal review and may change before launch.

Lazarus is provided by Fourth Day Labs LLC, 1315 Walnut St Ste 801, PMB 421, Philadelphia, PA 19107 ("we", "us"). Questions about these terms: support@getlazarus.fit. These terms work together with our Privacy Policy and our Consumer Health Data Policy, which are in the app under Settings → Privacy & terms.

At a glance

This summary is a shortcut. The numbered sections below are the full terms, and they control.

• Lazarus is a wellness and training app, not medical care. Talk to a qualified professional before you start, and stop if something feels wrong (section 3).
• Your daily workout, check-ins, and safety guidance are free, and we do not put them behind Pro (section 5).
• Lazarus Pro is optional. Monthly and yearly plans renew automatically until you cancel in your App Store settings (section 5).
• These terms limit what we are responsible for, but never further than the law allows (sections 3, 12, and 13).
• If we have a dispute, talk to us first. After that, disputes go to individual arbitration unless you opt out within 30 days, and small-claims court is always open to you (section 17).

1. Agreement to these terms

By creating an account or using Lazarus (the "App"), you agree to these Terms of Service ("Terms"), to our Privacy Policy, and to our Consumer Health Data Policy. If you do not agree, do not use the App. You must be 18 or older to use Lazarus, and you must be able to form a binding contract. By using the App you confirm that both are true. When you create an account, you confirm that you are 18 or older by ticking a box. We do not ask for your birth date, and we do not keep a record of the tick. Lazarus is offered only in the United States.

2. What Lazarus is

Lazarus is a wellness and training app that helps adults return to exercise after an injury, surgery, illness, pregnancy or postpartum, or a long break, by adapting workouts to your starting point and daily recovery. It includes an adaptive engine, a curated exercise library with demonstration videos, progress tracking, and an optional single "buddy" connection.

Lazarus is not a medical device and does not provide medical advice, diagnosis, or treatment. Its guidance is general wellness information, not a clinical judgment about you. It is intended for general wellness only, and it is not intended to diagnose, treat, cure, or prevent any disease or condition.

3. Health, safety, and assumption of risk

Please read this section carefully.

• Consult a professional first. Exercise carries inherent risks, including injury. Because Lazarus is built for people returning from injury, surgery, illness, or pregnancy or postpartum, you should get medical clearance from a qualified professional before you start, and follow any restrictions they give you. Check again before you progress to harder phases. Be especially careful if you have or have had a heart, lung, blood-pressure, metabolic, kidney, bone, joint, or nerve condition, a pregnancy complication, a recent surgery or injury, or any symptom you have not had checked.
• The App is not a substitute for professional care. It does not replace advice from a physician, physical therapist, or other qualified provider. Return-to-sport and return-to-activity clearance decisions require a clinician. The App cannot make them for you. Using the App does not create a doctor-patient, therapist-patient, or coaching relationship between you and us.
• Be accurate. Your plan depends on the answers you give. Give accurate answers and update them when your situation changes. We cannot account for something we are not told.
• You are in charge of each session. Warm up, use the pace and effort that suit you today, and stop or change any exercise that does not feel right. Do not push through pain.
• Stop and seek care if you have pain, chest pain, breathlessness, palpitations, dizziness, unusual fatigue, pelvic heaviness or leaking, or any other concerning symptom during or after exercise. If you think you are having a medical emergency, call your local emergency number.
• You exercise at your own risk. To the fullest extent permitted by law, you assume the risks of physical activity undertaken using the App and agree that we are not liable for injury or harm resulting from your use of it. This does not limit liability that the law does not allow us to limit, including liability for our gross negligence or willful misconduct (see section 13).

4. Your account

You are responsible for the information you provide, for keeping your login credentials secure, and for activity under your account. Provide accurate information and keep it current. Keep one account for yourself and do not share it. Tell us promptly of any unauthorized use.

5. Free features and Lazarus Pro

Free. Your daily workout (including its cardio, on your own exercise bike or treadmill if you have one), check-ins, session logging, streaks, exercise demonstration videos, one buddy, downloading your data (your training log, your check-ins, or everything at once), updating your starting point, taking a planned break, and all safety guidance are free. You can also choose how your plan moves: Steady climb and "Stay here a while" are free. We do not put your daily workout, your check-ins, or safety guidance behind Pro. A planned break does not pause or change a Lazarus Pro subscription: it keeps renewing as usual, and you manage or cancel it in your App Store settings.

Lazarus Pro. Pro currently adds Insights (your session history and weekly rhythm), equipment-based workouts, and the "Mix it up" progression type, which opens once you have finished the first three phases of your plan. If your Pro plan ends while your plan uses "Mix it up", your plan moves by Steady climb again from the next Monday, from the phase and week it has reached. We may add to or change Pro features over time.

Plans and prices. Lazarus Pro is offered as an optional purchase through the App Store. US prices are:

• Monthly: $8.99 per month, auto-renewing.
• Yearly: $69.99 per year, auto-renewing.
• Lifetime: $99.99, a one-time purchase that does not renew.

The price in your own currency, including any taxes, is shown in the App and in the App Store before you buy. Payment is processed by Apple, and subscriptions are managed through our subscription provider, RevenueCat.

Free trial. The monthly plan includes a 7-day free trial for new subscribers. The yearly plan includes a 1-month free trial for new subscribers. The Lifetime plan has no free trial. Apple decides who is eligible, and a free trial can generally be used once per Apple Account. Any unused part of a free trial is forfeited when you buy a subscription.

Auto-renewal. For the monthly and yearly plans:

• Payment is charged to your Apple Account at confirmation of purchase, or when your free trial ends.
• The subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours before the end of the current period, at the price of your plan.
• If a price increase needs your consent, Apple will ask for it before the change takes effect.

Changes to your plan. If we change the price or the terms of a subscription, we will tell you in the App or by email before the change takes effect. You can cancel before it takes effect.

Lifetime. Lifetime is a single payment for Lazarus Pro for as long as we offer the Lazarus app. If we ever discontinue the app, we will give you reasonable notice.

Managing and cancelling. You can manage or cancel a subscription at any time in your App Store account settings (in the App, Settings → Manage subscription). Cancelling stops future renewals, and your access continues until the end of the period you have paid for. Deleting the App or deleting your Lazarus account does not cancel a subscription. Cancel it with Apple first so you are not charged again.

Restoring and refunds. You can restore a previous purchase in the App under Settings → Restore purchases. Purchases are processed by Apple, and refund requests are handled by Apple under its policies.

6. The buddy feature

You may invite one buddy. You and your buddy can see the progress items you each choose to share, and send each other preset encouragement only. There is no free-text chat. You control what you share and can stop sharing or remove your buddy at any time. Your buddy is another person, not us. We cannot control what they do with what they see, so share only with someone you trust. Use the feature respectfully. We may limit or remove access for abusive behavior.

7. Acceptable use

You agree not to:

• misuse or disrupt the App or its security;
• access information that is not yours;
• reverse-engineer, scrape, crawl, or copy the App, its exercise library, or the design of its programs, except as the law allows;
• use the App, its content, or its outputs to train, tune, or build a machine-learning or AI model, or to build a competing product;
• resell or commercially exploit the App without permission; or
• use the App to harass another person.

We may suspend or end accounts that break these Terms.

8. Your content and data

You keep ownership of the training information you enter. You give us a limited license to store and process it solely to run the App for you, as described in our Privacy Policy. You can delete your account and information in the App at any time. How we handle your information, including our commitments not to collect mental-health data and not to sell your data, is described in the Privacy Policy, and how we handle health-related information is described in the Consumer Health Data Policy.

If you send us feedback or ideas, we may use them without owing you anything. That does not give us any right to your health information beyond what the Privacy Policy describes.

9. Intellectual property

The App, its design, and the curated exercise library are owned by Fourth Day Labs LLC or its licensors and are licensed to you, not sold, for personal, non-commercial use. The name "Lazarus" and its logo are our proposed marks; they are not yet registered. Exercise demonstration videos are provided by YouTube and belong to their owners. Parts of the App use open-source software, which is licensed under its own terms. You receive no rights except those stated here, and we reserve all other rights.

10. Third-party services

The App relies on third-party providers: Supabase (hosting and data), RevenueCat (subscription management), Apple (distribution and payments), Resend (email, such as sign-in codes), Expo (push notifications, if you turn them on), and YouTube (exercise videos). Your use may also be subject to their terms. By watching exercise videos in the App, you agree to be bound by the YouTube Terms of Service (youtube.com/t/terms). Google's handling of information is described in the Google Privacy Policy (policies.google.com/privacy). We are not responsible for third-party services.

11. Apple App Store additional terms

These Terms are between you and Fourth Day Labs LLC only, not with Apple. Apple is not responsible for the App or its content. To the extent required by Apple:

• The license to use the App is set out in Apple's standard Licensed Application End User License Agreement, unless a custom license is provided.
• Maintenance and support for the App are our responsibility, not Apple's.
• We are responsible for any product warranties. If the App fails to meet an applicable warranty, you may tell Apple, and Apple may refund the purchase price (if any). Apple has no other warranty obligation.
• We, not Apple, are responsible for addressing any claims about the App, including product-liability, legal or regulatory, consumer-protection, and intellectual-property claims.
• You represent that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• You must follow any applicable third-party terms when you use the App, such as your wireless data service agreement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
• Send any questions, complaints, or claims about the App to us at support@getlazarus.fit, 1315 Walnut St Ste 801, PMB 421, Philadelphia, PA 19107.

12. Disclaimers

THE APP AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ITS GUIDANCE IS RIGHT FOR YOUR BODY OR YOUR CONDITION, OR THAT IT WILL ACHIEVE ANY FITNESS OR HEALTH RESULT. THE APP IS NOT MEDICAL ADVICE, AS STATED ABOVE.

Some places do not allow some of these exclusions, so some of them may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, Fourth Day Labs LLC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, UNDER ANY LEGAL THEORY, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $100.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT THE LAW DOES NOT ALLOW US TO EXCLUDE OR LIMIT, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT AND, WHERE THE LAW REQUIRES, FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. These limits are a basic part of this agreement, and the App would not be offered on these terms without them.

14. Indemnification

You agree to indemnify and hold Fourth Day Labs LLC harmless from third-party claims arising out of your misuse of the App or your violation of these Terms, to the extent permitted by law. This does not cover claims that arise from our own conduct.

15. Ending your use

You may stop using the App and delete your account at any time. When you delete your account, we delete your information as described in the Privacy Policy. We may suspend or end your access if you break these Terms or to protect the App and its users. If your account ends, Pro access ends too, except for a period you have already paid for or a Lifetime purchase. Sections that by their nature should continue after your use ends (for example, disclaimers, limitation of liability, assumption of risk, and dispute resolution) will continue.

16. Changes to the App and these Terms

We may update the App and these Terms as the product or the law changes. We will post the updated Terms with a new effective date. For a material change that is adverse to you, we will give you at least 30 days' notice in the App or by email before it takes effect, unless the law requires an earlier change or it is urgently needed for safety or security. If you do not accept a change, you can stop using the App and delete your account before it takes effect, and cancel any subscription with Apple. Continuing to use the App after a change takes effect means you accept the updated Terms.

17. Governing law and disputes

Talk to us first. If you have a problem, email support@getlazarus.fit with a short description and what you would like us to do. Give us 30 days to try to resolve it before you start a case.

Individual arbitration. If we cannot resolve it, you and we agree that any dispute arising out of or relating to these Terms or the App will be resolved only by binding arbitration, on an individual basis, under the American Arbitration Association's Consumer Arbitration Rules. The Federal Arbitration Act applies. The arbitrator decides the dispute, including whether it can be arbitrated. You can choose a hearing by phone or video, or in the county where you live. If you start the arbitration, we will pay the filing, administrative, and arbitrator fees beyond what it would cost you to file a case in court. Either of us may instead bring an individual claim in small-claims court, and either of us may go to court to stop the misuse or infringement of intellectual property.

No class actions. Disputes are decided only on an individual basis. You and we give up the right to bring or take part in a class, collective, consolidated, or representative action, and the arbitrator may not combine claims. If a court finds this paragraph unenforceable for a claim, that claim will go to court instead of arbitration. Nothing here waives your right to seek public injunctive relief where the law does not allow that right to be waived. A claim for it will be decided in court, after any arbitration of your other claims.

You can opt out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@getlazarus.fit with the subject "Arbitration opt-out" and the email address on your account. Opting out does not change any other part of these Terms.

Governing law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules. Any dispute that is not arbitrated will be brought in the state or federal courts located in Pennsylvania, and you and we agree to those courts' jurisdiction. Nothing here limits any consumer rights that the law of your home country or state gives you and that cannot be waived, including the right to bring a claim in your local courts where the law gives you that right.

18. General terms and notices

These Terms, with the Privacy Policy and the Consumer Health Data Policy, are the whole agreement between you and us about the App. If a court finds part of these Terms unenforceable, the rest stays in effect. If we do not enforce a term, we have not given it up. You may not transfer your rights under these Terms. We may transfer ours as part of a merger, acquisition, or sale of assets, and the other party must honor these Terms and our privacy commitments. Neither of us is liable for a delay or failure caused by events beyond our reasonable control.

You agree that we may give you notices and legal documents electronically, in the App or by email to the address on your account.

California residents: under California Civil Code section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19. Contact

Fourth Day Labs LLC, 1315 Walnut St Ste 801, PMB 421, Philadelphia, PA 19107. Email: support@getlazarus.fit.