TEMPER TERMS OF SERVICE

Last Updated: February 2026
Effective Upon First Use

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Temper (“Temper,” “Company,” “we,” “us,” or “our”).

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE TEMPER APPLICATION OR ANY RELATED SERVICES (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

1. IMPORTANT HEALTH & SAFETY DISCLAIMER

1.1 Not Medical Advice

Temper is not a healthcare provider. The Service does not provide medical advice, diagnosis, treatment, or medical supervision. No content available through the Service should be interpreted as medical advice or relied upon as a substitute for professional medical consultation.

You should consult a qualified physician before beginning any cold exposure, breathwork, or wellness routine.

1.2 Assumption of Risk

Cold water immersion and breathwork practices involve inherent and significant risks, including but not limited to:

  • Hypothermia
  • Cardiac arrhythmia or cardiac arrest
  • Loss of consciousness
  • Drowning
  • Shock response
  • Seizure
  • Stroke
  • Serious bodily injury or death

You acknowledge that these risks may be heightened by pre-existing conditions including, but not limited to:

  • Cardiovascular disease
  • Hypertension
  • Respiratory disorders
  • Neurological conditions
  • Raynaud’s disease
  • Pregnancy
  • Medication use affecting circulation or temperature regulation

YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE AND PARTICIPATION IN COLD EXPOSURE ACTIVITIES.

1.3 Release and Waiver

To the fullest extent permitted by law, you hereby release, waive, and discharge Temper and its officers, directors, members, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, liabilities, damages, injuries, losses, or causes of action arising out of or related to:

  • Your participation in cold water immersion
  • Your reliance on content provided in the Service
  • Any physical or psychological injury
  • Any equipment or facility you use in connection with cold exposure

This release applies whether the claim arises in contract, tort (including negligence), strict liability, or otherwise.

If you do not agree to this release, you must not use the Service.

2. ELIGIBILITY

You must be at least 18 years of age to use the Service.

If you are between 13 and 17 years old, you may only use the Service with verifiable parental or guardian consent.

The Service is not intended for children under 13. We do not knowingly collect personal information from children under 13.

3. LICENSE TO USE THE SERVICE

Subject to these Terms, Temper grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for personal, non-commercial purposes.

We reserve all rights not expressly granted.

4. PROHIBITED CONDUCT

You agree not to:

  • Violate any applicable law or regulation
  • Reverse engineer, decompile, or disassemble the Service
  • Circumvent security measures
  • Use bots, scrapers, or automated systems
  • Exploit the Service commercially
  • Upload malicious or harmful content
  • Interfere with system integrity

We may suspend or terminate access at our sole discretion, with or without notice.

5. USER DATA & PRIVACY

Your use of the Service is subject to our Privacy Policy, incorporated herein by reference.

You acknowledge that:

  • You provide data at your own risk
  • We cannot guarantee absolute security
  • Electronic transmissions may be intercepted

Temper does not sell personal data.

To the fullest extent permitted by law, we disclaim liability for unauthorized access, hacking, or third-party data breaches.

6. INTELLECTUAL PROPERTY

All content, trademarks, software, designs, and materials within the Service are owned exclusively by Temper LLC or its licensors and are protected by intellectual property laws.

Nothing in these Terms transfers ownership rights to you.

You may not use Temper’s trademarks without prior written consent.

7. SUBSCRIPTIONS & PAYMENTS

7.1 Billing

If paid subscriptions are introduced:

  • Fees will be billed in advance on a recurring basis
  • Subscriptions auto-renew unless canceled at least 24 hours before renewal
  • Payments are processed through Apple App Store or Google Play

You authorize recurring charges to your payment method.

7.2 No Refunds

Except as required by law or platform policy, all payments are non-refundable.

7.3 Pricing Changes

We may modify pricing with reasonable advance notice. Continued use after pricing changes constitutes acceptance.

8. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY
  • UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will prevent injury or improve health outcomes.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

TEMPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING:

  • PERSONAL INJURY
  • WRONGFUL DEATH
  • LOSS OF PROFITS
  • LOSS OF DATA
  • BUSINESS INTERRUPTION

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF:

(a) THE AMOUNT YOU PAID US IN THE PRIOR TWELVE (12) MONTHS, OR
(b) ONE HUNDRED U.S. DOLLARS ($100)

Some jurisdictions do not allow certain limitations; in such cases liability will be limited to the minimum extent permitted by law.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Temper and its affiliates from any claims, damages, liabilities, losses, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service
  • Your participation in cold immersion
  • Your violation of these Terms
  • Your violation of law
  • Any injury caused by your actions

This obligation survives termination.

11. DISPUTE RESOLUTION & ARBITRATION

11.1 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

11.2 Class Action Waiver

YOU AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.

11.3 Jury Trial Waiver

YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

12. TERMINATION

We may suspend or terminate your access at any time without notice.

Upon termination:

  • Your license ends immediately
  • Sections relating to liability, arbitration, indemnification, and intellectual property survive

13. GOVERNING LAW

These Terms are governed by the laws of the State of Pennsylvania, United States, without regard to conflict of law principles.

Arbitration shall occur in Pennsylvania, unless otherwise required by law.

14. CHANGES TO TERMS

We may modify these Terms at any time.

Continued use of the Service after updates constitutes acceptance.

15. CONTACT INFORMATION

Temper
Email: jamin@jamingingerich.com
Website: rsc26.jamingingerich.com/contact