Terms of Use

App

Phoenix Rise (iOS) · com.arisehealth.phoenixrise

Provider

Arise Health LLC

Registered in

California, United States

Address

17225 Bollinger Canyon Rd, Unit B223, San Ramon, CA 94582, United States

Public URL

phoenix-rise.app/terms

Contact

phoenix@arisehealth.io

1. Agreement and scope

These Terms of Use ("Terms") are an agreement between you and Arise Health LLC ("Arise Health," "we," "us," or "our"). They govern your use of the Phoenix Rise iOS app, its content, and related support.

By downloading or using Phoenix Rise, you agree to these Terms. If you do not agree, do not use the app.

Apple's Standard End User License Agreement ("Apple Standard EULA") also governs your license to the iOS app. If these Terms conflict with the Apple Standard EULA about the app license, the Apple Standard EULA controls. The Privacy Policy explains how information is handled. Our Legal Notice contains our public company-contact information.

2. Eligibility

You must be legally able to enter this agreement. If you have not reached the age of legal majority where you live, you may use Phoenix Rise only with the permission and supervision of a parent or legal guardian and as allowed by Apple's rules. Phoenix Rise is not directed to children under 13.

You may use Phoenix Rise only where it is lawfully offered and only in compliance with the laws that apply to you.

3. License

Phoenix Rise is licensed, not sold. Subject to these Terms and the Apple Standard EULA, Arise Health grants you a limited, personal, revocable, non-exclusive, non-transferable license to use Phoenix Rise for lawful, non-commercial purposes on Apple-branded devices you own or control, as permitted by Apple's Usage Rules. Family Sharing or similar access is allowed only where Apple and the applicable subscription permit it.

Arise Health and its licensors retain all rights not expressly granted to you.

4. What Phoenix Rise provides

Phoenix Rise lets you schedule alarms, choose wake sounds, use optional wake tasks, and move through a brief morning check-in or reflection. Available features may depend on your device, iOS version, permissions, country, app version, and subscription status.

Free and Premium

Phoenix Rise includes a continuing Free experience. Alarm creation, editing, enabling, disabling, and deletion are not Premium features. Free also includes a selection of sounds and morning content.

Premium may unlock additional wake sounds, wake tasks or difficulty options, Morning Shifts, and personal-media alarm options. The purchase screen identifies the Premium features included in the offer available to you.

We may improve, replace, add, or remove content and features. We will not move basic alarm control behind a subscription. If a paid feature materially changes during a subscription period, your rights under applicable consumer law remain unaffected.

Alarm continuity

Ending a trial or subscription does not cancel an alarm that was already scheduled. A temporary inability to verify subscription status also does not disable basic alarm control. This does not guarantee that an alarm will sound; section 10 explains the limits of software alarms.

5. Premium subscriptions

Premium subscriptions are purchased through Apple's App Store.

The offer shown at purchase controls

Available plans, billing periods, prices, currencies, introductory offers, trial lengths, included benefits, and renewal dates can vary by storefront, eligibility, and time. The current terms Apple and Phoenix Rise display to you immediately before you confirm a purchase are part of your agreement and control over older examples, screenshots, or marketing copy.

Automatic renewal and billing

• A subscription automatically renews for the billing period shown at purchase unless you cancel before renewal in the manner Apple requires.
• Apple charges the payment method associated with your Apple Account. Arise Health does not receive your card number or full billing details.
• If an introductory or trial period is offered and you are eligible, the subscription converts to the paid, automatically renewing plan shown at purchase unless you cancel before the trial ends.
• Apple determines introductory-offer eligibility. An offer shown to someone else may not be available to you.
• Apple handles applicable taxes, currency conversion, billing, and payment collection under its terms.

Manage, cancel, or restore

You can manage or cancel in your Apple Account's subscription settings. Deleting Phoenix Rise does not cancel a subscription. Cancellation normally stops future renewal, while access continues through the paid period unless Apple or applicable law provides otherwise.

Use Restore Purchases in Phoenix Rise if an active purchase is not recognized. Contact phoenix-support@arisehealth.io if access still does not restore.

Refunds, withdrawal, and consumer remedies

Apple administers refunds and cancellation requests for App Store purchases. You can submit a request through Apple's Report a Problem service or use the support route Apple provides in your country.

Nothing in these Terms limits a non-waivable right to cancel or withdraw, obtain a refund, receive conforming digital content or services, or pursue another remedy under the law where you live. If applicable law gives you rights beyond Apple's standard process, those rights remain available. Contact us if you need reasonable help directing a request concerning Phoenix Rise.

Price changes

Price changes are handled through Apple. Apple will provide any notice or request any consent required by its rules or applicable law. You may cancel before a changed price takes effect.

6. Your content and imported media

You retain your rights in alarm labels, gratitude entries, reflections, and media you import ("Your Content"). We do not claim a license to Your Content because the current app does not receive it from your device.

You are responsible for ensuring that you have the rights and permissions needed to import and use media. Do not use Phoenix Rise to violate another person's copyright, privacy, publicity, or other rights.

Phoenix Rise does not provide a cloud account or cloud backup. We cannot recover Your Content if it is deleted or your device is lost. Your Apple device backup settings may create copies controlled through Apple.

The Privacy Policy describes local storage, deletion controls, subscription information, and support communications in more detail.

7. Permissions, devices, and updates

Phoenix Rise depends on compatible Apple hardware and software and on device permissions needed for the feature you choose. If you deny or remove a permission, the related feature may not work.

You are responsible for maintaining a compatible device, installing important iOS and app updates, keeping the device powered, checking alarm settings and volume, and keeping imported files available when a feature depends on them. Carrier, internet, electricity, hardware, operating-system, and App Store charges are your responsibility.

We may release updates to maintain security, compatibility, legal compliance, or functionality. Older versions may eventually stop working correctly.

8. Acceptable use

You may not:

• use Phoenix Rise unlawfully or to violate another person's rights;
• copy, sell, sublicense, redistribute, or commercially exploit the app or its included content;
• extract or redistribute included wake sounds, writing, graphics, or other assets outside Phoenix Rise;
• bypass payment or access controls, interfere with operation, introduce malicious code, or attempt unauthorized access;
• reverse engineer, decompile, or disassemble Phoenix Rise except to the limited extent applicable law expressly permits despite this restriction; or
• use the app while driving or in another situation where distraction creates a safety risk.

Open-source components remain governed by their applicable licenses. If an open-source license conflicts with this section for that component, the open-source license controls.

9. Wellness content is not medical care

Phoenix Rise is a general wellness and productivity tool. It is not a medical device, healthcare service, psychotherapy, crisis service, or substitute for professional advice, diagnosis, or treatment. Using it does not create a clinician-patient or other professional relationship.

Wake tasks, breathing cues, reflections, and Morning Shifts are not treatments for insomnia, a sleep disorder, a mental-health condition, or any disease. Do not disregard professional advice because of app content. If you believe you may be experiencing an emergency, contact the emergency service where you are.

10. Alarm reliability and safety

Phoenix Rise uses Apple's system alarm technology, but no software alarm is guaranteed to sound every time. An alarm can be affected by device power, hardware failure, system or app bugs, permissions, settings, volume, imported media, operating-system behavior, user action, or events outside our control.

Phoenix Rise is not an emergency notification, life-safety, medical monitoring, or guaranteed-attendance service.

11. Third-party services and terms

Phoenix Rise relies on third parties for parts of the experience, including Apple for app distribution, device functions, purchases, and subscriptions, and RevenueCat for displaying offers and recognizing Premium access. The Phoenix Rise website is hosted by Vercel.

Your use of third-party services is also subject to their terms and policies. We do not control their systems and are not responsible for interruptions or changes they cause, except to the extent applicable law says otherwise.

12. Ownership

Phoenix Rise—including its software, design, branding, text, sounds, graphics, and other included content—is owned by Arise Health or its licensors and is protected by intellectual-property laws. These Terms do not transfer ownership to you. Your Content remains yours as described in section 6.

Feedback you voluntarily send us may be used without payment or restriction, provided we do not identify you publicly without permission. This does not give us rights in Your Content.

13. Support, availability, and changes

You may contact phoenix-support@arisehealth.io for support. We do not promise a particular response time unless applicable law requires one.

We may maintain, modify, suspend, or discontinue Phoenix Rise or a feature. We will provide notice and remedies where required by law. We do not promise that every feature or item of content will remain available indefinitely.

14. Suspension and termination

You may stop using Phoenix Rise at any time. Deleting the app does not cancel an App Store subscription; use Apple's subscription settings.

We may suspend or terminate access if you materially violate these Terms, use the app unlawfully, or create a security risk. Where reasonable, we will give notice and an opportunity to correct the issue. We may also discontinue the app. Any refund or remedy for discontinuation remains subject to Apple's process and applicable law.

The provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, and dispute terms—will survive.

15. Warranties and mandatory consumer rights

Nothing in these Terms excludes a guarantee, warranty, remedy, or other consumer right that cannot lawfully be excluded or limited.

To the fullest extent permitted by law, Phoenix Rise is otherwise provided "as is" and "as available." Arise Health disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted or error-free operation, permanent availability of content, or that an alarm will always sound.

Some jurisdictions do not allow particular disclaimers. In those places, this section applies only to the maximum extent allowed.

16. Limitation of liability

Nothing in these Terms limits liability where doing so is unlawful, including liability that cannot be limited for fraud, fraudulent misrepresentation, willful misconduct, or death or personal injury caused by negligence.

Subject to that rule and to the fullest extent permitted by law:

• Arise Health is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or opportunities arising from Phoenix Rise.
• Arise Health's total aggregate liability arising from Phoenix Rise or these Terms will not exceed the greater of US $100 or the amount you paid for Phoenix Rise Premium during the 12 months before the event giving rise to the claim.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose, but only to the extent the law where you live permits. Mandatory consumer remedies remain unaffected.

17. Governing law and disputes

Please contact phoenix@arisehealth.io first so we can try to resolve a concern. You are not required to contact us before exercising a statutory right or starting a proceeding when the law gives you that option.

These Terms are governed by California law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, this choice does not deprive you of mandatory protections under the law of your country or region. You may bring a claim in any court that has jurisdiction under applicable consumer law. Otherwise, the state and federal courts located in Contra Costa County, California have exclusive jurisdiction, and you and Arise Health consent to those courts.

These Terms do not require arbitration and do not waive any right to participate in a class or representative proceeding that applicable law provides.

18. Changes to these Terms

We may update these Terms to reflect changes to Phoenix Rise, our business, or the law. We will change the "Last updated" date and provide any additional notice or seek any consent required by law. A material change will not apply retroactively to a dispute that arose before the change.

If you do not agree to updated Terms, stop using Phoenix Rise and cancel any subscription before its next renewal.

19. General terms

• Severability. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue.
• No waiver. A failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them as part of a merger, reorganization, financing, or transfer of Phoenix Rise, subject to notice and any rights required by law.
• No agency. These Terms do not create an employment, partnership, joint venture, fiduciary, or agency relationship.
• Headings. Headings are for convenience and do not change meaning.
• Entire agreement. These Terms, the Privacy Policy, the purchase terms displayed by Apple, and the Apple Standard EULA form the agreement governing Phoenix Rise. Mandatory law controls over any conflicting provision.

20. Apple-specific terms

These Terms are between you and Arise Health, not Apple. Without limiting the Apple Standard EULA:

• Arise Health, not Apple, is responsible for Phoenix Rise and its content, maintenance, support, and any warranties that apply and are not disclaimed.
• Apple has no obligation to provide maintenance or support for Phoenix Rise.
• To the extent required by the Apple Standard EULA, Apple may refund the purchase price of the app if it fails to conform to an applicable warranty; Apple has no other warranty obligation to the maximum extent permitted by law.
• Arise Health, not Apple, is responsible for addressing claims concerning the app, including product-liability, legal-compliance, consumer-protection, and intellectual-property claims.
• You must comply with applicable third-party terms when using Phoenix Rise.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism, and are not on a U.S. Government prohibited or restricted party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions against you.

21. Contact

Questions, complaints, or claims about Phoenix Rise may be sent to: