End User License Agreement (EULA)

Important - Read Carefully

This End User License Agreement ("Agreement") is a legal agreement between you ("End User" or "you") and EarBuddy ("Licensor," "we," "us," or "our") for the EarBuddy mobile application software, including any updates, modifications, or associated documentation (collectively, the "Software").

BY CLICKING "ACCEPT," DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.

1. Grant of License

1.1 Limited License

Subject to the terms and conditions of this Agreement, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software on a single Android device that you own or control, solely for your personal, non-commercial purposes.

1.2 License Scope

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Software as provided by EarBuddy, in the manner permitted by this Agreement. You may not:

• Transfer this license to another person or entity
• Use the Software on more than one device simultaneously
• Make the Software available over a network where it could be used by multiple devices at the same time

2. Ownership

2.1 Intellectual Property Rights

The Software is licensed, not sold. This Agreement does not transfer to you any ownership rights in the Software. Licensor and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

2.2 Feedback

If you provide any feedback, suggestions, or recommendations regarding the Software ("Feedback"), you grant Licensor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback into the Software without any obligation to compensate you.

3. Restrictions

You shall not, and shall not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works based on the Software
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Software
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Software
• Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software to any third party
• Use the Software for any unlawful purpose or in violation of any applicable laws or regulations
• Use the Software to develop a competing product or service
• Use any robot, spider, or other automated device or process to access the Software
• Circumvent or disable any security or other technological features or measures of the Software

4. Updates and Maintenance

4.1 Updates

Licensor may, from time to time, develop and provide updates, upgrades, bug fixes, patches, and other modifications to the Software ("Updates"). Updates may modify or delete certain features and/or functionalities of the Software. You agree that Licensor has no obligation to provide any Updates or to continue to provide or enable any particular features and/or functionalities.

4.2 Automatic Updates

Subject to your device settings, the Software may automatically download and install Updates. By using the Software, you consent to such automatic Updates. If you do not want automatic Updates, you may change your device settings.

5. Privacy and Data Collection

Your use of the Software is subject to Licensor's Privacy Policy, which is incorporated into this Agreement by reference. By using the Software, you consent to the collection and use of information as set forth in the Privacy Policy.

The Software uses Google Firebase services for the following purposes:

• Firebase Crashlytics: To collect crash reports and diagnose app stability issues
• Firebase Performance Monitoring: To monitor app performance and identify optimization opportunities
• Firebase Analytics: To understand usage patterns and improve user experience

Your personal preferences and settings are stored locally on your device and are not transmitted to external servers.

6. Disclaimers

6.1 No Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Functionality

Licensor does not warrant that the Software will meet your requirements, operate in combination with any hardware or other software, be uninterrupted, secure, accurate, complete, or error-free, or that any defects will be corrected.

6.3 Third-Party Services

The Software interacts with your device's Bluetooth functionality and connected devices, and uses Google Firebase services. Licensor is not responsible for the functionality, availability, or performance of any third-party devices, services, or platforms, including but not limited to Google Firebase services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SOFTWARE
• ANY DAMAGES RELATED TO ANY THIRD-PARTY SOFTWARE, SERVICES, OR DEVICES

IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Software.

9. Term and Termination

9.1 Term

This Agreement is effective until terminated by you or Licensor.

9.2 Termination by You

You may terminate this Agreement at any time by deleting the Software and all copies thereof from your device.

9.3 Termination by Licensor

Licensor may terminate this Agreement at any time if you fail to comply with any term(s) of this Agreement. Upon termination, all rights granted to you under this Agreement shall cease, and you must delete the Software and all copies thereof from your device.

9.4 Survival

Sections 2, 3, 6, 7, 8, 10, and 11 shall survive termination of this Agreement.

10. Export Compliance

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, and (b) listed on any U.S. Government list of prohibited or restricted parties.

11. Governing Law and Dispute Resolution

11.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is established, without giving effect to any choice or conflict of law provision or rule.

11.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the then-current Commercial Arbitration Rules. The arbitration shall be conducted in English, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

11.3 Class Action Waiver

YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. General Provisions

12.1 Entire Agreement

This Agreement constitutes the entire agreement between you and Licensor regarding the Software and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

12.2 Amendment

Licensor reserves the right to modify this Agreement at any time by providing notice within the Software or through other reasonable means. Your continued use of the Software following such notice constitutes your acceptance of the modified Agreement.

12.3 Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

12.4 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Licensor's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

13. Contact Information

If you have any questions about this License Agreement, please contact us at: