Legal

Terms of Service

Effective as of November 5, 2026

These Terms of Service (“Terms”) govern your use of the website, mobile application and web console operated by Phi 1.618, Inc. t/a ARQ (“ARQ”, “we”, “us” or “our”) (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

ARQ provides a platform for managing health-related information. The Service brings together information from questionnaires and interviews, lab tests, wearable devices, mobile applications and other sources you connect, and uses methods developed by ARQ to track your health and wellness metrics and goals and to provide health scores, statistics and analytics based on your personal data.

2. Who can use the Service

The Service is not intended for use by anyone under 18 years of age.

3. Using ARQ through your organization

You may use ARQ because your club, team or employer (your “Organization”) has an agreement with ARQ. If so:

• with your consent, ARQ discloses your personal data and the results of its processing to your Organization, so that ARQ can provide its services to you and to your Organization;
• your coach may receive an alert when one of your ARQ scores reaches an alerting threshold; and
• your Organization decides how it uses the information ARQ shares with it, and its own privacy notices apply to that use.

If you signed ARQ’s Consent and Authorisation form as a participant under your Organization’s agreement with ARQ, the terms of that agreement that apply to participants also apply to you, and you may end your participation on not less than thirty (30) calendar days’ prior written notice to ARQ.

4. Your account

Give us accurate information and keep your login details confidential. You are responsible for activity under your account. If you think someone else has used your account without your permission, tell us promptly using the details in How to contact us.

5. Your data and your consents

Our Privacy Policy explains how we collect, use and share personal information. The Service relies on the following consents:

• Processing of your personal data to provide the Service, including obtaining it from the sources described in the Privacy Policy. If you refuse, you may not be able to use the Service fully.
• Special categories of personal data, such as health data, lab data, connected account data and derived data. This processing is essential to provide ARQ’s services; if you do not consent to it, ARQ may be unable to provide them.
• Automated processing, including profiling, such as computing your health scores and alerting your coach. This processing is essential to ARQ’s core services; if you do not consent to it, ARQ will be unable to provide them.
• Training of artificial intelligence systems and ARQ’s machine learning methods with your data. Your personal data may be pseudonymized, aggregated or de-identified where feasible when used for AI training.
• Marketing, such as direct marketing communications and interest-based advertising. These consents are voluntary and not required to use ARQ’s core services.

You can withdraw any consent at any time, without affecting the lawfulness of processing carried out before withdrawal. If you withdraw a consent the Service depends on, ARQ may no longer be able to provide the Service to you.

6. Scores, alerts and automated decisions

ARQ computes periodic health scores using computational methods developed by ARQ, and may create profiles and inferences about your health and training from your data. Where a decision made using automated processing produces legal effects or similarly significant effects for you, you have the right to request human intervention, express your point of view and contest the decision.

7. Not medical advice

The Service gives you information about your health and training. It does not diagnose, treat, cure or prevent any disease or condition, and it does not replace advice from a doctor or other qualified health professional. Seek the advice of a qualified health professional about any medical question, and do not ignore or delay professional advice because of something you saw in the Service. If you think you may have a medical emergency, contact your local emergency services immediately.

8. Connected devices and third-party services

The Service receives data from wearable devices, mobile applications, healthcare providers, laboratory partners and other sources, as described in the Privacy Policy. Devices and applications you connect to ARQ are governed by their own terms and privacy policies, which you should check before allowing them to share data with ARQ. ARQ does not control those third-party services and is not responsible for their actions.

9. Acceptable use

You agree not to:

• use the Service in breach of any applicable law;
• access another person’s account or data without their permission;
• provide personal information about another person unless you are entitled to do so;
• interfere with or disrupt the Service, or try to gain unauthorized access to it or to the systems that run it; or
• copy, scrape, decompile or reverse engineer the Service, except where the law allows it.

10. Intellectual property

ARQ and its licensors own the Service, including its software, content, methodologies and models. Subject to these Terms, ARQ gives you a personal, non-exclusive, non-transferable and revocable right to use the Service for its intended purpose. Your personal data remains subject to the Privacy Policy and to your rights under applicable data protection law.

11. Ending your use of the Service

You can stop using the Service at any time. To close your account, follow the steps in the Your choices section of the Privacy Policy. If you signed ARQ’s Consent and Authorisation form, the notice period in section 3 applies.

ARQ may suspend or end your access to the Service if you breach these Terms, if the law requires it, or if the agreement between ARQ and your Organization ends. When your access ends, ARQ will handle your personal data as described in the Privacy Policy.

12. Disclaimers and liability

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, ARQ does not promise that the Service will be uninterrupted or error-free, or that scores, alerts and other outputs will be accurate or complete.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, or affects your statutory rights.

13. Changes to these Terms

We may change these Terms from time to time. If we make material changes, we will notify you by updating the date of these Terms and posting them on the Service or by other appropriate means. Changes take effect when we post the updated Terms, unless we say otherwise at the time. If you keep using the Service after a change takes effect, you accept the updated Terms.

14. How to contact us

Use the contact details in the How to contact us section of the Privacy Policy.