Privacy Policy for Pulse Match

Posted: 5/26/26

Revised: 8/23/26

Privacy Policy  ·  Terms of Service

Your information privacy is important to us. This Privacy Policy explains how we collect, use, protect, and disclose information and data when you use the Pulse Match mobile application ("App") and related services offered by Talofa Corporation ("Talofa", "Company", "we", "our", "us"). This includes information collected through integrations with third-party health services (Apple Health/HealthKit, Google Health Connect) and third-party artificial intelligence services.

This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information. By using the App or Services, you agree to the collection and use of your information as described in this Privacy Policy.

1. Personal Information We Collect

We collect the following categories of "Personal Information":

• Contact Information: Email address and display name.
• Account & Authentication Data: Device identifiers, authentication tokens, and account credentials.
• Health & Fitness Data: Step counts, sleep duration, active minutes, and mindfulness minutes — accessed via Apple HealthKit or Google Health Connect with your explicit permission.
• User-Generated Content: Text messages you type in chat, photos you capture or upload within the App, and activity descriptions you provide during check-ins.
• Preference & Profile Data: Your display name, gameplay preferences, personality quiz responses, romance-style preferences, and companion interaction history.
• Usage Data: App interaction history, feature usage patterns, session data, and crash/diagnostic logs.
• Financial Information: Payment details processed through Apple App Store or Google Play Store (we do not directly store payment card numbers).

2. How We Use Personal Information

• Gameplay & App Functionality: To power companion interactions, personalize dialogue, deliver health-data-driven features, and provide the core gameplay experience.
• AI-Powered Features: To generate personalized companion chat responses, analyze your activity check-ins, react to photos you share, and create contextual dialogue — as described in detail in Section 3 below.
• Transactional Purposes: To manage in-app purchases and send account-related communications.
• Analytics & Improvements: To understand how users interact with the App, diagnose technical issues, and improve features.
• Security & Compliance: To prevent fraud, enforce our terms, and comply with legal obligations.

3. Artificial Intelligence and Automated Processing

Pulse Match uses artificial intelligence ("AI") to create a personalized companion experience. Your in-app companion is an AI character — not a real person. All companion dialogue, reactions, and responses are generated by AI.

3a. Third-Party AI Provider

We use OpenAI’s API services to process certain data and generate companion responses. OpenAI acts as a data processor on our behalf. When you use AI-powered features, data is transmitted to OpenAI’s servers in the United States for processing.

Under our agreement with OpenAI:

• Your data sent via the API is not used by OpenAI to train or improve their models.
• API inputs and outputs are subject to OpenAI’s data retention policies, which you can review at openai.com/enterprise-privacy.
• We maintain a Data Processing Agreement with OpenAI to protect your information.

3b. AI-Powered Features

The following features use AI processing:

• Companion Chat: When you type messages to your companion, your text and recent conversation history are sent to OpenAI to generate in-character responses.
• Activity Check-In Analysis: When you log daily activities (text descriptions or photos), AI analyzes your input to generate a personalized companion reaction and gameplay rewards.
• Photo & Image Analysis: When you capture or share photos within the App, those images may be sent to OpenAI’s vision API at reduced resolution to identify scene elements and generate companion commentary.
• Health-Data-Informed Dialogue: If you have granted health data permissions, summarized fitness data (steps, sleep, active minutes) may be included in AI prompts so your companion can reference your real-world activity in conversation.
• Personalized Dialogue Generation: AI generates contextual dialogue for daily greetings, date scenarios, walk conversations, dream sequences, and other gameplay moments.
• Daily Task Suggestions: AI generates personalized self-care task suggestions based on your preferences and activity history.

3c. Data Sent to AI

When AI features are used, the following categories of data may be included in prompts sent to OpenAI:

• Your display name
• Messages you type in chat
• Photos you capture or upload (sent at reduced resolution)
• Recent conversation history (up to the last 8 exchanges)
• Your gameplay preferences (romance style, personality quiz responses)
• Your companion bond level and interaction history
• Summarized health/fitness data (if health permissions are granted)
• Recent activity check-in descriptions

We minimize the data included in each AI request to only what is necessary for the specific feature. We do not send your email address, device identifiers, financial information, or precise geolocation to AI services.

3d. AI Content Safety

We apply content moderation and safety guardrails to all AI-generated content. AI responses are filtered to prevent inappropriate, harmful, or misleading output. If you encounter an AI-generated response that you believe is inappropriate, you can report it using the in-app reporting feature, and we will review it promptly.

3e. Your Rights Regarding AI Processing

You have the right to:

• Be informed that you are interacting with AI-generated content (this section fulfills that obligation).
• Withdraw consent for AI-powered features that rely on optional data (such as health data or photo sharing) at any time through your device settings or in-app preferences.
• Request information about how AI processing affects your experience by contacting us.
• Object to automated processing under applicable law (see Sections 10 and 11).

Note: Because the companion chat experience is fundamentally AI-powered, disabling all AI processing would remove the core functionality of the App. Optional data inputs (health data, photos) can be individually disabled without affecting basic chat functionality.

4. Health Data & Permissions

We access Health & Fitness Data (step counts, sleep duration, active minutes, mindfulness minutes) from Apple HealthKit or Google Health Connect only with your explicit consent.

How Health Data Is Used

• Gameplay features: Health data powers in-game energy, progression, companion sync interactions, and activity-based rewards.
• AI personalization: If you grant health permissions, summarized health data (e.g., "you walked 8,000 steps today") may be included in AI prompts so your companion can acknowledge and respond to your real-world activity. Raw health records are never sent to AI — only derived summaries.

Health Data Protections

• Health data is cached locally on your device and only transmitted to our AI service provider as summarized context when generating companion responses.
• Health data is never sold, shared with advertisers, or used for marketing.
• Health data is never shared with data brokers or used for purposes unrelated to the App’s health-companion features.
• Health data is not used for insurance underwriting, employment decisions, or any form of discrimination.
• We request only the minimum health permissions needed for App functionality.

Revoking Health Permissions

You can revoke health data access at any time through your device’s system settings (Apple Health or Google Health Connect). Revoking access will stop new health data from being collected and from being included in AI prompts, but will not affect previously processed data. Core chat features continue to work without health data.

5. Photos & Image Processing

Certain App features allow you to capture screenshots or photos within the game environment. When you use these features:

• Images may be sent to OpenAI’s vision API at reduced resolution (low detail mode) for scene analysis.
• The AI identifies elements in the image (objects, settings, mood) to generate a relevant companion response.
• Images are processed in real time and are not permanently stored on our servers or by OpenAI after the response is generated, subject to OpenAI’s standard API data retention policy.
• We do not use facial recognition or biometric identification on any images.
• Photo analysis is optional — you can use the App without sharing photos.

6. Sharing of Personal Information

We may share your Personal Information with the following categories of third parties:

• AI Service Provider (OpenAI): As described in Section 3, certain data is sent to OpenAI to generate AI-powered features. OpenAI processes this data on our behalf under a Data Processing Agreement and does not use it for their own purposes.
• Backend & Infrastructure Providers: We use Supabase for authentication and backend services, and Firebase for analytics, crash reporting, and remote configuration. These providers process data on our behalf.
• Analytics Providers: We use analytics tools to understand App usage patterns and improve our services.
• Advertising Partners: We use AppLovin MAX for optional rewarded advertisements. Advertising partners may collect device identifiers and usage data for ad delivery. Health data and chat content are never shared with advertising partners.
• Affiliates: Entities owned or controlled by Talofa Corporation.
• Legal & Compliance: When required to comply with law enforcement, court orders, or legal obligations.
• Corporate Transactions: In connection with mergers, acquisitions, or asset transfers, with notice to you if data handling practices change materially.

We do not sell your Personal Information to third parties. We do not share your health data, chat content, or photos with third parties for advertising or marketing purposes.

7. Data Storage, Retention & Security

Where Your Data Is Stored

• On your device: Chat history, companion memories, preferences, and health data are primarily stored locally on your device using browser storage. This data remains on your device and is not automatically synced to our servers.
• Backend servers: Account authentication and analytics data are processed through Supabase and Firebase, hosted in the United States.
• AI processing: Data sent to OpenAI is processed on OpenAI’s servers in the United States.

Data Retention

• Local device data: Retained until you clear App data, uninstall the App, or request deletion.
• Backend data: Retained as long as your account is active, plus any period required by law.
• AI processing data: API inputs and outputs are handled according to OpenAI’s data retention policy. We do not maintain separate copies of AI request/response data on our servers beyond what is needed for real-time delivery.

Security Measures

We implement physical, electronic, and procedural safeguards to protect your data, including encrypted data transmission (TLS/HTTPS), authenticated API access, and access controls. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

8. Online Tracking & Analytics

We use Firebase Analytics and other tracking technologies to understand how users interact with our App. On iOS, we respect your App Tracking Transparency (ATT) preference — if you decline tracking, we limit data collection accordingly.

We use AppLovin MAX for optional rewarded advertisements. You can opt out of personalized advertising through your device settings.

9. Children’s Privacy

Pulse Match is intended for users who are 16 years of age or older. The App contains AI-generated conversational content of a romantic nature that is not suitable for children.

We do not knowingly collect Personal Information from anyone under the age of 16. If we learn that we have inadvertently collected personal data from a user under 16, we will delete it promptly and terminate access to AI features for that account.

If you are a parent or guardian and believe your child has provided us with personal information, please contact us at help@talofagames.com.

10. Your Privacy Rights (EEA, UK & Switzerland — GDPR)

If you are located in the European Economic Area, United Kingdom, or Switzerland, you have the following rights under the General Data Protection Regulation (GDPR):

• Right of Access: Request a copy of the personal data we hold about you.
• Right to Rectification: Request correction of inaccurate or incomplete personal data.
• Right to Erasure: Request deletion of your personal data, subject to legal retention requirements.
• Right to Restrict Processing: Request that we limit how we use your data in certain circumstances.
• Right to Data Portability: Receive your personal data in a structured, machine-readable format.
• Right to Object: Object to processing based on legitimate interests, including AI-based profiling used for gameplay personalization.
• Rights Related to Automated Decision-Making: The AI features described in Section 3 constitute automated processing used to personalize your gameplay experience. These features do not produce decisions with legal or similarly significant effects on you. You may object to this processing by contacting us.

Legal Basis for Processing

• Consent: For health data collection, photo analysis, and AI-powered chat features. You may withdraw consent at any time.
• Contract Performance: For providing the core App functionality, account management, and in-app purchases.
• Legitimate Interests: For analytics, security, fraud prevention, and App improvement, where our interests do not override your rights.

International Data Transfers

Your data is transferred to and processed in the United States by Talofa Corporation, OpenAI, Supabase, and Firebase. These transfers are governed by Standard Contractual Clauses (SCCs) and/or other approved transfer mechanisms to ensure adequate protection of your data.

Supervisory Authority

You have the right to lodge a complaint with your local data protection authority if you believe your rights have been violated.

To exercise any of these rights, contact us at help@talofagames.com.

11. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act and California Privacy Rights Act:

• Right to Know: You may request disclosure of the categories and specific pieces of personal information we have collected about you, the sources of collection, the business purposes, and the categories of third parties with whom we share it.
• Right to Delete: You may request deletion of your personal information, subject to certain exceptions.
• Right to Opt Out of Sale/Sharing: We do not sell your personal information. We do not share your personal information for cross-context behavioral advertising.
• Right to Limit Use of Sensitive Personal Information: Health data and user-generated content (chat messages, photos) are used only for the purposes disclosed in this policy and are not used for purposes beyond what is necessary to provide the App’s services.
• Right to Opt Out of Automated Decision-Making: You may opt out of the use of automated decision-making technology, including AI profiling used to personalize your experience. Contact us to exercise this right. Note that opting out may limit the personalization features available to you.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

Categories of Personal Information Disclosed to Service Providers

To exercise your California privacy rights, contact us at help@talofagames.com or submit a request using our Data Request Form.

12. Data Deletion

You can delete your locally stored data at any time by clearing the App’s data through your device settings or using the in-app "Clear all progress" option in Settings.

To request deletion of any server-side data associated with your account, submit a request via our Data Deletion Form. We will process your request within 30 days. In some cases, we may need to retain certain data for legal or security purposes, but we will inform you if that applies.

13. International Data Transfers

Your Personal Information and communications may be transferred to and processed on servers located in the United States, regardless of your country of residence. The laws in the United States may differ from those in your jurisdiction. By using the App, you consent to this transfer. Where required by law, we use Standard Contractual Clauses or other approved mechanisms to ensure adequate data protection.

14. Third-Party Links & Services

The App may contain links to third-party websites or services. We are not responsible for the privacy practices of those third parties. We encourage you to review their privacy policies before providing any information.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. If we make material changes — particularly regarding AI processing, health data usage, or third-party data sharing — we will notify you through the App or by other appropriate means before the changes take effect. The "Revised" date at the top of this policy indicates when it was last updated. Continued use of the App after changes constitutes acceptance of the updated policy.

16. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy, your personal data, or AI-powered features, please contact us at:

• Email: help@talofagames.com
• Data Deletion Requests: Data Deletion Form

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOUR RECORDS AND PLEASE CHECK THE APP FREQUENTLY FOR ANY CHANGES.

Terms of Service for Pulse Match: Walk to Love!

Posted: 8/23/26

Revised: 8/23/26

These Terms of Service ("Terms") form the End User License Agreement between you and Talofa Corporation ("Talofa", "Company", "we", "our", "us") governing your use of the Pulse Match: Walk to Love! mobile application ("App") and any related content, features, and services (together, the "Services").

Please read these Terms carefully. They include an auto-renewing subscription (see Section 5), a limitation of our liability (Section 14), and a binding arbitration agreement and class action waiver (Section 16).

1. Acceptance of These Terms

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not use the App.

Your continued use of the Services after we post a revised version of these Terms constitutes your acceptance of the revised Terms. See Section 18.

2. Eligibility

Pulse Match is intended for users who are 16 years of age or older. The App contains AI-generated conversational content of a romantic nature that is not suitable for children. By using the Services you represent and warrant that you are at least 16 years old and, if you are under the age of majority in your jurisdiction, that you have the consent of your parent or legal guardian to use the App and to agree to these Terms.

You further represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You may not use the Services where they are prohibited or unlawful in your jurisdiction.

3. Your Account

Certain features of the Services require you to create an account (your "Account"). You agree that the information you provide when registering will be true, current, and complete, and that you will keep it up to date. Your Account is personal to you and may not be used by any other person. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.

Please contact us at help@talofagames.com if you become aware of any unauthorized access to or use of your Account. We are not responsible or liable for any damage or loss related to unauthorized access to or use of your Account.

4. License to Use the App

Subject to your compliance with these Terms and with the Apple App Store or Google Play Store terms, Talofa grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, royalty-free, limited-term license to access and use the App solely for your personal, non-commercial entertainment on a mobile device that you own or otherwise control, strictly in accordance with these Terms and the App’s documentation.

Except as expressly permitted by these Terms, by law, or by an applicable third-party license, you must not, and must not allow any third party to: (i) sublicense, sell, rent, lease, transfer, assign, or redistribute the App; (ii) host the App for the benefit of third parties; (iii) disclose or permit any third party to access the App; (iv) modify or create derivative works of the App, or merge the App with other software; (v) disassemble, decompile, bypass any code obfuscation, or otherwise reverse engineer the App or attempt to derive any of its source code, in whole or in part; (vi) modify, obscure, or delete any proprietary rights notices included in or on the App; (vii) otherwise use or copy the App in a manner not expressly permitted by these Terms; or (viii) use the App beyond its applicable term.

Upon deletion of the App from your device, all rights granted to you under this Section terminate, and you must cease all use of the App and delete all copies of it. Termination does not limit any of Talofa’s rights or remedies at law or in equity.

5. Subscriptions and Auto-Renewal

The App is free to download and offers an optional auto-renewing subscription. The terms of that subscription are as follows.

Subscription Title, Length, and Price

• Title: Pulse Match Premium
• Length of subscription: 1 month (monthly, auto-renewing)
• Price: $4.99 USD per month
• Free trial: 7 days free for new subscribers, after which the subscription renews at $4.99 USD per month unless canceled

Prices are quoted in U.S. dollars and may vary by country or region. Outside the United States, you will be charged in your local currency at the price set by the Apple App Store or Google Play Store for your region. The exact subscription title, duration, and price applicable to you are always displayed in the App on the purchase screen before you confirm the purchase. The in-app disclosure controls if it differs from the price listed above.

What the Subscription Unlocks

Pulse Match Premium unlocks premium features of the App, which may include expanded companion conversation, additional story and character content, additional customization options, and removal of certain advertisements or limits. The current feature list for the subscription is shown in the App on the purchase screen. Because we improve the App over time, the specific features included in the subscription may change; we will not materially reduce the benefits of a subscription period you have already paid for.

Payment, Billing, and Auto-Renewal

• Payment is charged to your Apple ID or Google Play account at confirmation of purchase (or, if a free trial applies, at the end of the free trial period).
• The subscription automatically renews at the same price for the same 1-month period unless you cancel it at least 24 hours before the end of the current period.
• Your account is charged for renewal within 24 hours prior to the end of the current period, at the then-applicable price for your region.
• Subscriptions are billed by Apple or Google, not by Talofa. We do not receive or store your payment card details.

Free Trial

New subscribers may be offered a 7-day free trial. If you cancel at least 24 hours before the free trial ends, you will not be charged. If you do not cancel, the paid subscription begins automatically at the end of the trial and your account is charged $4.99 USD per month (or the equivalent local price). Free trials are limited to one per user or account and are not available to users who have previously subscribed. If you purchase a subscription while a free trial is still running, any unused portion of that free trial is forfeited.

How to Cancel or Manage Your Subscription

You manage and cancel your subscription through your app store account — not through Talofa. Deleting the App does not cancel your subscription, and Talofa cannot cancel it on your behalf.

• iOS / iPadOS: open the Settings app → tap your name (Apple Account) → Subscriptions → select Pulse Match → Cancel Subscription. You may also manage subscriptions in the App Store app under your account.
• Android: open the Google Play Store app → tap your profile icon → Payments & subscriptions → Subscriptions → select Pulse Match → Cancel subscription.

After you cancel, you keep access to premium features until the end of the period you have already paid for. Canceling does not retroactively refund the current period.

Refunds

All purchases are processed by Apple or Google, and refunds are handled by them under their own policies — Talofa cannot issue refunds for store purchases. Except where a refund is required by applicable law, payments are non-refundable and there are no refunds or credits for partially used periods.

• Apple: request a refund at reportaproblem.apple.com.
• Google Play: request a refund at Google Play refund support.

If you believe you have been billed in error, please also contact us at help@talofagames.com and we will do our best to help you resolve it with the relevant store.

Price Changes

We may change the subscription price from time to time. If the price of your subscription increases, we will notify you in advance, and the increase will not take effect for you until you consent to it in the manner required by the Apple App Store or Google Play Store. If you do not consent, your subscription will not renew at the higher price. Where the applicable store permits a price decrease to take effect automatically, it may do so without separate consent.

6. Other In-App Purchases and Virtual Items

The App may also offer one-time purchases, consumable items, or virtual currency and items such as energy, cosmetics, or story unlocks (collectively, "Virtual Items"). Virtual Items are licensed, not sold, to you. Subject to your compliance with these Terms, you receive a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items solely for your personal entertainment within the Services.

Virtual Items have no monetary value and cannot be redeemed for cash, and they may not be sold, traded, gifted, or transferred outside the App. Except where required by applicable law, purchases of Virtual Items are final and non-refundable. Virtual Items may expire, be modified, or be discontinued, and your license to use them terminates automatically when these Terms or your Account terminate for any reason. We may manage, regulate, control, modify, or remove Virtual Items at any time, with or without notice, and we will have no liability to you for doing so.

7. Gameplay, Health, and Safety

Pulse Match is a fitness game. Gameplay involves taking real-life steps and other physical activity, and the App may read step, sleep, active minutes, and mindfulness data from Apple Health/HealthKit or Google Health Connect with your permission, as described in our Privacy Policy.

Stay aware of your surroundings while playing. Do not use the App while driving, operating machinery, or in any situation where distraction could cause injury to you or others. Do not trespass on private property or enter unsafe areas in the course of play. You are responsible for your own safety and for complying with all applicable laws while using the Services.

NO MEDICAL ADVICE

IF YOU HAVE ANY MEDICAL OR HEALTH-RELATED QUESTIONS, CONSULT WITH A MEDICAL PROFESSIONAL AS SOON AS POSSIBLE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.

YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE NOT INTENDED TO, AND DO NOT, PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT ADVICE (COLLECTIVELY, "MEDICAL ADVICE"). ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, GRAPHICS, AUDIO, OR VIDEO, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, AND ARE NOT INTENDED TO PROVIDE MENTAL HEALTH, THERAPEUTIC, OR CRISIS SUPPORT. TALOFA IS NOT RESPONSIBLE FOR ANY HEALTH OR MEDICAL PROBLEMS THAT MAY RESULT FROM YOUR USE OF THE SERVICES. YOU AGREE THAT YOU ARE VOLUNTARILY USING THE APP AND PARTICIPATING IN PHYSICAL ACTIVITY AT YOUR OWN RISK, AND THAT YOU HAVE CONSULTED (OR WILL CONSULT) YOUR HEALTHCARE PROFESSIONAL AS NEEDED BEFORE BEGINNING OR CHANGING AN EXERCISE PROGRAM.

8. AI-Generated Content

Pulse Match uses third-party artificial intelligence services, including OpenAI, to generate companion dialogue and other conversational content. Section 3 of our Privacy Policy explains what data is sent to those providers and how it is handled.

You acknowledge and agree that:

• AI companions are fictional characters. They are not real people, and no real relationship, counseling relationship, or professional relationship is created by interacting with them.
• AI-generated content is produced automatically and may be inaccurate, incomplete, unexpected, or offensive, notwithstanding the content filters we apply. It is provided for entertainment only and must not be relied on as medical, mental health, legal, financial, or other professional advice.
• We do not guarantee that any particular AI response, character behavior, or storyline will be available, consistent, or reproducible, and AI features may change or be discontinued.
• You will not attempt to circumvent the App’s safety filters, or use the AI features to generate content that violates Section 9 or applicable law.

If AI-generated content in the App concerns you, please report it to us at help@talofagames.com.

9. User Content and Acceptable Use

You may submit text, photos, and other content to the Services ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant Talofa a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, transmit, and display that User Content solely as necessary to operate, provide, secure, and improve the Services — including transmitting it to the third-party AI and infrastructure providers identified in our Privacy Policy. This license ends when your User Content is deleted, except to the extent it has already been shared with others or must be retained for legal or security purposes.

You represent that you have all rights necessary to submit your User Content and that it does not infringe anyone else’s rights. When using the Services, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable, or any content that sexualizes minors;
• upload photographs of another person without that person’s consent;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or use software, including spyware, designed to collect data from the Services;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity, or engage in any other similar fraudulent activity such as phishing;
• falsify, spoof, or otherwise manipulate step counts, health data, or other activity data, or use any device, script, or emulator to do so;
• attempt to circumvent any technological measure implemented by us or by any of our providers or any other third party (including another user) to protect the Services, including content safety filters and purchase verification;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

We may remove User Content or suspend or terminate Accounts that we reasonably believe violate these Terms, but we have no obligation to monitor User Content and do not endorse it.

10. Ownership of the Services

We (or our licensors) own all right, title, and interest in and to (a) the App and Services, including all software, text, media, characters, artwork, music, and other content available in them ("Our Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The App and Services, Our Content, and the Marks are protected under U.S. and international laws. The look and feel of the App and Services are copyright © Talofa Corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the App, including any visual design elements or concepts, without our express written permission. We reserve all rights not expressly granted to you in these Terms.

11. Privacy

Your privacy is important to us. Our Privacy Policy — set out above on this page — explains what information we collect, how we use and protect it, how health data and AI processing work, and how you can request deletion of your data. By using the Services you agree to the practices described there.

12. App Stores and Third-Party Platforms

You acknowledge that these Terms are entered into by and between you and Talofa, and not with Apple Inc. or Google LLC. Notwithstanding the foregoing, you acknowledge that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple Inc. and Google LLC have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Talofa, not Apple or Google, is solely responsible for the App and its content. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services with respect to the App. Talofa, not Apple or Google, is responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. To the maximum extent permitted by applicable law, the App is provided without any warranty of any kind; in the event of any failure of the App to conform to any warranty that cannot be disclaimed, you may notify Apple, and Apple may refund the purchase price of the App to you, and Apple will have no other warranty obligation whatsoever with respect to the App.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Talofa, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Any questions or complaints regarding the App should be directed to us at help@talofagames.com.

Your use of the App is also subject to the applicable Apple App Store or Google Play Store terms of service. Where those store terms conflict with these Terms with respect to a purchase you made through that store, the store terms control for that purchase.

The App and Services may contain links to other websites and online resources solely for convenience. A link to a third party’s website does not mean that we endorse it or are affiliated with it. We are not responsible or liable for any damage or loss related to your use of any third-party website or service, and you should read its terms and privacy policy before using it.

13. Changes to the Services; Termination

We enhance and update the App and Services often. We may change, suspend, or discontinue the Services, or any feature of them, at any time, with or without prior notice to you.

You may stop using the Services at any time, and you may delete your Account as described in Section 12 of the Privacy Policy. Remember that deleting the App or your Account does not cancel an active subscription — you must cancel it through Apple or Google as described in Section 5.

We reserve the right to decline to provide the Services to any person, and to suspend or terminate your access to the Services at any time, including if you violate these Terms. If we terminate your access for a violation of these Terms, or if you terminate your Account, you will not be entitled to a refund for the unused remainder of any subscription period or for any Virtual Items, except where a refund is required by applicable law. Sections that by their nature should survive termination — including Sections 10, 14, 15, 16, and 17 — survive.

14. Disclaimers and Limitations on Our Liability

YOU USE THE APP AND SERVICES AT YOUR OWN RISK. THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALOFA AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONSULTANTS, SUPPLIERS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALOFA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES — INCLUDING AI-GENERATED CONTENT AND ANY STEP, SLEEP, OR OTHER HEALTH OR FITNESS METRIC DISPLAYED IN THE APP — OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. TALOFA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TALOFA MAKES NO WARRANTY THAT THE APP AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. To the extent such laws apply to you, some or all of the above disclaimers and limitations may not apply, and you may have additional rights. You understand and agree that we have set our fees and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Talofa and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature relating to any actual or alleged breach of these Terms by you or by anyone using your Account. If we assume the defense of such a matter, you will reasonably cooperate with us in that defense.

16. Arbitration Agreement and Waiver of Certain Rights

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

Your right to opt out. You may reject this arbitration agreement by sending us written notice at help@talofagames.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accept these Terms, including your name and the email address associated with your Account. If you opt out, neither you nor we will be bound by this Section 16, and disputes will be resolved in the courts identified in Section 17. Opting out has no other effect on these Terms or on your use of the Services.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Notwithstanding any other provision of these Terms, this arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for equitable or provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Class action waiver. Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims, and may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary herein, the arbitrator may not issue a "public injunction"; any such public injunction may be awarded only by a federal or state court. If either party seeks a public injunction, all other claims and prayers for relief must be adjudicated in arbitration first, and any prayer or claim for a public injunction in federal or state court will be stayed until the arbitration is completed, after which the court can adjudicate that claim. In doing so, the court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such right or requirement, and such a waiver shall not waive or affect any other portion of these Terms. This Section will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

17. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

Without altering the arbitration requirement set forth above, in the event any action of whatever nature relating to these Terms, the App, or the Services must be filed in a court, we mutually agree that such action may only be filed in the state or federal courts located in San Jose, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action and agree not to challenge the personal jurisdiction or convenience of the forum.

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be deemed severable from these Terms and will not affect the enforceability of any other provision.

Our failure to enforce any right or provision of these Terms will not prevent us from enforcing that right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign these Terms without our prior written consent.

These Terms, together with the Privacy Policy and any Additional Terms presented to you in the App for a specific feature, are the entire agreement between you and us regarding the Services. Where additional terms and conditions apply to a particular feature, we will make them available for you to read before you use that feature, and by using it you agree to them.

18. Changes to These Terms

From time to time, we may change these Terms. If we do, we will post a notice of the change in the App along with a direct link to the latest version of the Terms for your review. Those changes go into effect on the "Revised" date shown at the top of the revised Terms. By continuing to use the Services, you agree to the revised Terms. You may be required to indicate acceptance of the changed Terms in order to continue using the Services. Changes will not apply retroactively to a dispute that arose before the change took effect.

19. Contact Us

If you have questions about these Terms, your subscription, or the Services, please contact us at:

• Email: help@talofagames.com
• Company: Talofa Corporation
• Data Deletion Requests: Data Deletion Form

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE APP FREQUENTLY FOR ANY CHANGES.