TERMS OF SERVICE
Last Updated: August 28, 2026

These Terms of Service ("Terms") govern the relationship between Brooktree Consulting, LLC ("Brooktree," "we," "us," or "our") and the individual engaging our services ("you" or "your"). By entering into an engagement with Brooktree, you agree to be bound by these Terms.

1. What Brooktree Does

Advisory, not medical. Brooktree is a private health and performance consulting firm. We do not practice medicine, diagnose conditions, or treat disease. We analyze your data, coordinate your logistics, and build and adjust your strategy.

Your physician. Nothing we provide replaces your relationship with your primary care physician or any other licensed medical professional. You should review any recommendation we make with your physician before acting on it.

Coordination with prescribers. Where your engagement involves a licensed medical director or pharmacy partner, those services are provided by those licensed parties under their own terms and their own professional judgment. Brooktree does not prescribe.

2. Disclaimers and Limitation of Liability

Informational purpose. All content, plans, and data analysis provided by Brooktree are for informational and performance purposes only.

Emergencies. Brooktree does not provide emergency services. If you are having a medical emergency, call 911 or go to your nearest emergency department.

Assumption of risk. Changes to nutrition, training, supplementation, and sleep carry inherent risk. You voluntarily assume that risk when you act on anything we provide.

Limitation of liability. To the fullest extent permitted by Nevada law, Brooktree's total liability arising out of or relating to this engagement will not exceed the total fees you paid to Brooktree in the twelve months preceding the claim. Brooktree is not liable for indirect, incidental, or consequential damages.

3. Term and Fees

Twelve-month term. Engagements are twelve-month commitments. The term begins on the date your Strategic Audit begins.

Two ways to pay. You may pay the full twelve-month fee at the start of your term, or finance it monthly through Affirm at checkout. Brooktree does not offer month-to-month billing outside of Affirm.

If you finance through Affirm. Affirm pays Brooktree the full engagement fee at the start of your term, and you repay Affirm directly under Affirm's own terms. Your payment relationship for that balance is with Affirm, not with Brooktree. Missed payments to Affirm are governed by Affirm's agreement with you.

Invoiced balances. Any amount Brooktree invoices you directly — including a Strategic Audit fee, a balance owed on an earlier term, or any service billed outside your engagement fee — is due on receipt unless the invoice states otherwise.

4. Late Payment and Collections

This section applies to amounts invoiced directly by Brooktree. It does not apply to balances you are repaying through Affirm.

• A late fee of $35 is applied to any invoice that remains unpaid seven (7) calendar days after its due date.
• An additional $35 late fee is applied every thirty (30) days thereafter while the balance remains unpaid.
• No more than three (3) late fees will be applied to any single invoice, for a maximum of $105.
• After the third late fee, the account may be referred to a third-party collections agency or pursued in Nevada small claims court.

Costs of collection. If your account is referred to collections or to court, you are responsible for reasonable collection costs and attorney's fees to the extent permitted by Nevada law.

Suspension. Brooktree may suspend access to app content, sessions, and support while an invoice is past due. Suspension does not pause your twelve-month term and does not reduce what you owe.

Chargebacks. If you dispute a charge with your card issuer for services that were delivered, Brooktree may respond with these Terms and your engagement records, and may pursue the disputed amount as an unpaid balance under this section.

5. Cancellation and Refunds

How to cancel. You may end your engagement at any time by sending written notice to [email protected]. A message inside the Brooktree app also counts as written notice. Cancellation is effective thirty (30) days after we receive your notice.

What cancellation does and does not do. You keep access to your plans, data, and support through the end of the thirty-day notice period. Cancelling does not release you from the remaining balance of your twelve-month term. If you financed through Affirm, your obligation to Affirm continues regardless of cancellation.

Refunds. Fees are non-refundable once the Strategic Audit has begun, because the clinical review and planning work is front-loaded into the first weeks of the term. Refunds are not issued for inactivity, unused time, or early cancellation. Billing errors are corrected promptly. Any other exception is at Brooktree's sole discretion.

6. What Brooktree Asks of You

The work only functions if the data is real and current. During your term you agree to:

• Sync your wearable and biometric data to the Brooktree app on the schedule we agree on.
• Log your training and nutrition as assigned.
• Tell us honestly and promptly what is and is not happening — including when you are struggling with adherence.

Devices. Some services require compatible hardware, such as a wearable heart-rate and sleep tracker or a connected scale. We will tell you what your specific engagement requires before you start. You are responsible for keeping your devices working and calibrated.

Data accuracy. Our strategy is only as good as the data you provide. Brooktree is not responsible for outcomes affected by missing, delayed, or inaccurate data.

Third-party technology. Brooktree is not liable for failures, outages, or inaccuracies caused by third-party hardware manufacturers or software providers, including the app platform we use.

Extended inactivity. If you stop syncing data or stop responding for an extended period, we cannot do the work you hired us for. We will reach out first. If there is still no response, Brooktree may end the engagement. Ending an engagement for inactivity does not refund fees already paid or cancel the remaining balance of your term.

7. Conduct

Brooktree expects professional, respectful communication with our office and staff, and we extend the same to you. Abusive or harassing conduct will result in immediate termination of the engagement with no refund of fees paid and no release from the remaining balance of the term.

8. Intellectual Property

Brooktree's frameworks, written materials, program libraries, and educational content are the intellectual property of Brooktree Consulting, LLC, and are licensed to you for your personal use during your engagement. You may not copy, distribute, resell, or use them to build a competing service.

9. Privacy and Data

Your health and biometric information is confidential and used only to deliver your services. We do not sell it. Your engagement is subject to the Brooktree Privacy Policy.

Brooktree is a consulting firm and is generally not a HIPAA-covered entity. We hold your information to a comparable standard of confidentiality and use encrypted storage and transmission, but you should not assume HIPAA's specific legal protections apply to this engagement. Where your care involves a licensed medical director or pharmacy, that provider's own HIPAA obligations apply to the records they hold.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada. Any dispute that cannot be resolved directly will be settled by binding arbitration in Clark County, Nevada, except that either party may bring a claim in small claims court where the claim qualifies.

11. Changes to These Terms

Brooktree may update these Terms. Changes apply to new engagements and to renewals. Material changes will be sent to the email address on your account, and your existing term is governed by the Terms in effect when it began.

12. Contact

Brooktree Consulting, LLC — [email protected]