Terms of Service

Last Updated: January 20, 2026

1. Acceptance of Terms

By downloading, installing, or using Zeph ("the App"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the App.

Age Requirement: You must be at least 13 years old to use this App. If you are under 18, you must have parental or legal guardian consent to use the App and agree to these Terms.

Binding Agreement: These Terms constitute a legally binding agreement between you and Zeph ("we," "us," "our"). By using the App, you represent that you have the authority to enter into this agreement.

2. Description of Service

Zeph is a fitness weather application that provides general workout timing recommendations based on weather data. The App analyzes weather conditions and offers suggestions about outdoor exercise timing for informational purposes only.

Key Features:

Service Availability: We strive to provide reliable service but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or technical issues.

3. No Professional Advice

IMPORTANT: Zeph is not a substitute for professional advice.

4. Assumption of Risk and Liability Disclaimer

BY USING ZEPH, YOU ACKNOWLEDGE AND AGREE:

4.1 Outdoor Exercise Risks

Outdoor exercise carries inherent risks including but not limited to:

4.2 Weather Data Limitations

4.3 Personal Responsibility

YOU ASSUME ALL RISKS associated with:

4.4 Release of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The App, its developers, operators, owners, employees, contractors, and affiliates ("we," "us," "our") are NOT LIABLE for any:

YOU USE THE APP ENTIRELY AT YOUR OWN RISK.

5. No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

We do not guarantee that:

6. User Responsibilities

6.1 You Agree To:

6.2 You Must NOT:

6.3 Emergency Situations

In severe or dangerous weather conditions:

Severe weather includes but is not limited to: tornadoes, flash floods, severe thunderstorms with lightning, extreme heat (heat index above 105°F/40°C), extreme cold (wind chill below 0°F/-18°C), hurricanes, blizzards, ice storms, or any other dangerous conditions.

7. Subscription Terms and Payment

7.1 Subscription Plans

Zeph offers the following subscription options:

Prices may vary by region due to currency conversion and local tax requirements. All prices are in U.S. Dollars unless otherwise stated.

7.2 Free Trial

We may offer a free trial period for new subscribers. If a free trial is offered:

7.3 Auto-Renewal

Your subscription automatically renews unless you cancel at least 24 hours before the end of the current billing period.

7.4 Managing Your Subscription

To manage or cancel your subscription:

  1. Open the Settings app on your iOS device
  2. Tap your Apple ID at the top
  3. Tap Subscriptions
  4. Select Zeph
  5. Tap Cancel Subscription (must be done at least 24 hours before renewal)

Alternative method:

  1. Open the App Store app
  2. Tap your profile icon
  3. Tap Subscriptions
  4. Select Zeph and manage or cancel

Important: Deleting the App does NOT cancel your subscription. You must manually cancel through your Apple ID settings.

7.5 Refunds and Cancellations

To request a refund, visit reportaproblem.apple.com

7.6 Price Changes

7.7 Subscription Termination

We reserve the right to suspend or terminate your subscription if:

If we terminate your subscription for violation of Terms, no refund will be provided.

7.8 Access After Cancellation

8. Third-Party Services

8.1 Weather Data Providers

The App uses third-party weather data providers, including but not limited to Open-Meteo. We are not responsible for:

8.2 Apple Services

The App is distributed through the Apple App Store and uses Apple services:

8.3 Third-Party Links

The App may contain links to third-party websites or services. We are not responsible for:

Your use of third-party services is at your own risk and subject to their terms.

9. Location Data and Permissions

9.1 Location Services

The App requires access to your location to provide accurate weather recommendations. By using the App:

9.2 Location Accuracy

9.3 Location Permissions

The App requests location permission with the following options:

You can change location permissions at any time in iOS Settings.

10. Notifications and Alerts

10.1 Push Notifications

If you enable push notifications:

10.2 Official Weather Alerts

10.3 Notification Accuracy

We do not guarantee:

11. Intellectual Property

11.1 Ownership

All content, features, functionality, design, code, algorithms, branding, and materials in the App are owned by Zeph and are protected by:

11.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

11.3 Restrictions

You may NOT:

11.4 Trademarks

"Zeph" and the Zeph logo are trademarks of Zeph. You may not use these marks without prior written permission.

11.5 User Feedback

If you provide feedback, suggestions, or ideas about the App:

12. User Conduct and Prohibited Uses

12.1 Acceptable Use

You agree to use the App only for lawful, personal, non-commercial purposes consistent with these Terms.

12.2 Prohibited Conduct

You agree NOT to:

12.3 Enforcement

We reserve the right to:

13. Privacy and Data Protection

13.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

13.2 Data Security

While we implement reasonable security measures to protect your data:

13.3 Your Privacy Rights

Depending on your location, you may have rights under privacy laws such as:

See our Privacy Policy for details on exercising your privacy rights.

14. Termination

14.1 Termination by You

You may stop using the App at any time by:

Note: Deleting the App does not automatically cancel your subscription.

14.2 Termination by Us

We reserve the right to:

Reasons for termination may include:

14.3 Effect of Termination

Upon termination:

14.4 Data Retention After Termination

After termination, we may:

15. Indemnification

15.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Zeph, its owners, developers, operators, employees, contractors, affiliates, licensors, and service providers from and against any and all:

Arising from or related to:

15.2 Defense and Settlement

16. Limitation of Liability

16.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF:

This limitation applies regardless of the legal theory of liability (contract, tort, strict liability, negligence, or otherwise).

16.2 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

This limitation applies even if:

16.3 State-Specific Limitations

Some states do not allow the exclusion or limitation of certain warranties or damages. In such states:

16.4 Basis of the Bargain

These limitations are a fundamental element of the basis of the bargain between you and us. The App would not be provided without these limitations.

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms and any disputes arising from or related to the App shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Jurisdiction and Venue

You agree that:

17.3 Informal Dispute Resolution

Before filing any legal action, you agree to:

This informal dispute resolution process is a prerequisite to any formal legal action.

17.4 Binding Arbitration

If informal resolution fails, you agree that any dispute shall be resolved through binding arbitration rather than in court, except:

Arbitration Terms:

To begin arbitration:

17.5 Class Action Waiver

YOU AGREE THAT:

If the class action waiver is found invalid or unenforceable:

17.6 Opt-Out of Arbitration

You may opt out of the arbitration agreement by:

Opting out only affects the arbitration agreement; all other Terms still apply. If you opt out, disputes will be resolved in court according to Section 17.2.

17.7 Exceptions to Arbitration

The following disputes are not subject to arbitration:

17.8 International Users

If you are located outside the United States:

European Union Users:

18. Changes to Terms

18.1 Right to Modify

We reserve the right to update, modify, or replace these Terms at any time, at our sole discretion, for any reason, including but not limited to:

18.2 Notification of Changes

When we make changes to these Terms:

18.3 Your Acceptance

18.4 Material Changes

For material changes that significantly affect your rights or obligations:

19. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable:

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published in the App, constitute the entire agreement between you and Zeph regarding your use of the App and supersede any and all prior or contemporaneous agreements, communications, or understandings, whether oral or written.

This entire agreement includes:

No other agreements apply unless specifically agreed to in writing by an authorized representative of Zeph.

21. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Zeph.

Specifically:

22. Assignment

22.1 Your Rights

You may not assign, transfer, or delegate these Terms or your rights and obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

22.2 Our Rights

We may assign, transfer, or delegate these Terms and our rights and obligations at any time without notice or consent, including to:

23. Force Majeure

We shall not be liable for any failure or delay in performance of the App or our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

During a force majeure event, our performance obligations are suspended for the duration of the event.

24. Export Compliance

The App may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that:

25. Accessibility

We strive to make the App accessible to users with disabilities. If you experience accessibility issues or have suggestions for improvement, please contact us at legal@getzeph.com.

While we make reasonable efforts to ensure accessibility:

26. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us:

For legal notices, please send to:

Zeph Legal Department
[Your Mailing Address - To Be Added]

We will respond to inquiries within a reasonable timeframe, typically within 5-7 business days.

27. Apple-Specific Terms

27.1 Acknowledgment

These Terms are between you and Zeph only, not with Apple Inc. ("Apple"). Zeph, not Apple, is solely responsible for the App and its content.

27.2 Scope of License

Your license to use the App is limited to a non-transferable license to use the App on Apple-branded products you own or control and as permitted by Apple's App Store Terms of Service.

27.3 Maintenance and Support

Zeph is solely responsible for providing maintenance and support services for the App as specified in these Terms. Apple has no obligation to provide any maintenance or support services.

27.4 Warranty

Zeph is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty:

27.5 Product Claims

Zeph, not Apple, is responsible for addressing any claims relating to the App or your use of it, including:

27.6 Intellectual Property Claims

In the event of a third-party claim that the App infringes that third party's intellectual property rights:

27.7 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

27.8 Contact for Issues

28. Acknowledgment and Acceptance

BY USING ZEPH, YOU ACKNOWLEDGE THAT:

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE APP.

Zeph is an independent application and is not affiliated with any weather service, government meteorological agency, medical organization, or fitness authority.