Thumos Terms of Use (EULA)

These Terms of Use ("Terms") are a legal agreement between you and MetaMotion LLC ("MetaMotion," "we," "us"), a Tennessee limited liability company, governing your use of the Thumos: Daily Excellence iOS app (the "App"). By downloading or using the App you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

Contact: support@thumos.app (or andy@metamotionhq.com)

1. The service

Thumos delivers a daily-excellence practice: a personalized onboarding, guided audio/text sessions, a session library, and reminders. Some content is generated with AI based on the answers you provide during onboarding.

2. Eligibility

You must be at least 18 years old to use the App.

3. Subscriptions, free trial, and payment

Thumos offers a premium tier, Thumos Premium, through the following in-app purchases. Prices are in USD and may vary by region and over time; the current price and billing period are always shown on the purchase screen before you buy.

Auto-renewable subscription terms:

• Payment is charged to your Apple ID account at confirmation of purchase.
• A subscription automatically renews for the same period at the then-current price unless you cancel it 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.
• Manage or cancel your subscription, and turn off auto-renew, in your Apple ID account settings after purchase (Settings → [your name] → Subscriptions).
• If a free trial is offered and you start one, any unused portion of the trial is forfeited when you purchase a subscription during the trial period.

Payments, billing, and refunds for App Store purchases are handled by Apple under the Apple Media Services Terms and Conditions. We do not control and cannot issue Apple refunds; Apple grants refunds at its discretion under those terms.

4. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, as permitted by the App Store Terms of Service (the "Usage Rules"). All rights not expressly granted are reserved.

5. Acceptable use

You agree not to: (a) copy, modify, reverse engineer, or create derivative works of the App except as permitted by law; (b) resell, sublicense, or commercially exploit the App or its content; (c) use the App to violate any law or the rights of others; or (d) interfere with or disrupt the App or its servers.

6. Your content

You retain ownership of the text you enter during onboarding. You grant us a worldwide, royalty-free license to process that text to operate and improve the App, including sending it to our AI provider to generate your personalized content, as described in the Privacy Policy. Do not enter information you consider confidential or sensitive.

7. AI-generated and motivational content — no professional advice

App content, including AI-generated acknowledgments and session scripts, is provided for personal development and motivational purposes only. It is not medical, psychological, mental-health, financial, legal, or other professional advice, and is not a substitute for consultation with a qualified professional. AI output may be inaccurate or not suited to your situation. We make no guarantee of any particular result. If you are in crisis or need care, contact a licensed professional or emergency services.

8. Disclaimers

The App is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

9. Limitation of liability

To the fullest extent permitted by law, MetaMotion and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from or related to your use of the App. Our total liability for any claim relating to the App will not exceed the greater of the amount you paid MetaMotion (or Apple, for the App) in the six months before the claim or US $50.

10. Termination

You may stop using the App at any time. We may suspend or terminate your access if you breach these Terms or if we discontinue the App. Sections 6–9 and 11–12 survive termination.

11. Governing law

These Terms are governed by the laws of the State of Tennessee, USA, without regard to its conflict-of-laws rules. Subject to Section 12, the state and federal courts located in Carter County, Tennessee have exclusive jurisdiction over any dispute not subject to arbitration.

12. Dispute resolution — binding arbitration and class-action waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the App that cannot be resolved informally will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted in Carter County, Tennessee, or by video/telephone, or via document submission where the AAA rules allow. Judgment on the award may be entered in any court with jurisdiction.

Class-action waiver: disputes will be arbitrated only on an individual basis. You and MetaMotion waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding.

Nothing in this section prevents either party from seeking injunctive or equitable relief for infringement or misuse of intellectual property in a court of competent jurisdiction. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, and the rest of this section still applies.

13. Changes

We may update these Terms. We will post the updated version with a new "Last updated" date and, for material changes, surface a notice in the App. Continued use after an update means you accept the revised Terms.

14. Apple-required terms

You and we acknowledge that:

• These Terms are between you and MetaMotion LLC only, not with Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability, legal/regulatory, or consumer protection claims.
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the App infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and are not on any U.S. Government restricted-party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

15. Contact

MetaMotion LLC 106 Broad St Ste 3 #182, Elizabethton, TN 37643, USA Support: support@thumos.app · andy@metamotionhq.com · 423-646-7830