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End User License Agreement

Effective Date: September 2, 2026 · Version 1.0

1. Relationship to the Terms of Service

This End User License Agreement ("EULA") is between you and Digital Whims LLC ("Tidewell," "we," "us") and governs your license to use the Tidewell software, including the Tidewell web application and, if and when released, any installable app-store or TWA (Trusted Web Activity) build of it (together, the "App"). This EULA is specifically about your license to the software itself; our Terms of Service govern your broader use of the Service, your account, and your data, and continue to apply alongside this EULA. Our Privacy Policy and, where applicable, our Washington Consumer Health Data Privacy Notice also continue to apply.

If anything in this EULA conflicts with the Terms of Service on a subject the Terms of Service already covers (such as your data, fees, or dispute resolution), the Terms of Service controls; this EULA controls on matters specific to the software license itself.

2. License Grant

Subject to your compliance with this EULA and our Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices you own or control, solely for your own personal, non-commercial use.

3. Restrictions

You agree not to:

• Copy, modify, or create derivative works of the App, except to the extent applicable law expressly permits despite this restriction.
• Reverse-engineer, decompile, or disassemble the App, except to the extent applicable law expressly permits despite this restriction.
• Rent, lease, lend, sell, redistribute, or sublicense the App.
• Remove, obscure, or alter any proprietary notices on the App.
• Use the App to build a competing product or service.
• Circumvent any technical limitation, security measure, or encryption in the App, including the end-to-end encryption used to protect Health Data as described in our Privacy Policy.

4. Ownership

The App, including all intellectual property rights in it, is owned by Tidewell or its licensors. This EULA gives you a license to use the App; it does not transfer any ownership rights to you. All rights not expressly granted to you in this EULA are reserved.

5. Updates

We may release updates, patches, or new versions of the App from time to time, which may be applied automatically depending on your device and platform settings. We may add, change, or remove features as part of an update. If an update materially changes these terms, we will provide the notice described in Section 12 of our Terms of Service.

6. Third-Party and Open-Source Components

The App may include third-party or open-source software components, each governed by its own license terms. Those licenses may give you rights in addition to, or instead of, certain terms of this EULA solely with respect to those components.

7. Your Health Data

This EULA governs your license to the software only. Ownership of, and rights regarding, the health and other information you enter into the App ("Your Content") are governed by our Terms of Service and Privacy Policy, not by this EULA.

8. Export Compliance

You may not use or export the App in violation of U.S. export control or sanctions laws. By using the App, you represent that you are not located in, or a resident of, any country subject to a U.S. government embargo, and are not on any U.S. government restricted-party list.

9. Term and Termination

This EULA is effective until terminated. It terminates automatically if you fail to comply with any of its terms, or when your account is terminated under our Terms of Service. Upon termination, you must stop using the App and, where applicable, uninstall it. Sections 3, 4, 8, 10, 11, and 12 survive termination.

10. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. THE APP IS NOT A MEDICAL DEVICE; SEE THE "NOT MEDICAL ADVICE" SECTION OF OUR TERMS OF SERVICE.

11. Limitation of Liability

The limitation of liability set out in our Terms of Service applies equally to this EULA and to your use of the App under it, and is incorporated into this EULA by reference.

12. Governing Law and Dispute Resolution

This EULA is governed by the laws of the State of North Carolina, and any dispute arising from it is subject to the same dispute-resolution terms (small claims / general court venue in Pitt County, North Carolina, and class action waiver) set out in our Terms of Service, incorporated into this EULA by reference.

13. App Store Terms

If you obtained the App through a third-party app store or platform (an "App Store"), the following additional terms apply, and in the event of a conflict with this EULA on the specific subjects below, the applicable App Store's own terms control for the App Store's own required minimum terms:

• This EULA is between you and Tidewell only, not the App Store, which is not responsible for the App or its content.
• The App Store has no obligation to provide maintenance or support for the App.
• In the event of the App's failure to conform to any warranty, you may notify the App Store, which may refund the purchase price, if any, to you; to the maximum extent permitted by law, the App Store has no other warranty obligation regarding the App.
• The App Store is not responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• The App Store is a third-party beneficiary of this EULA and, upon your acceptance, will have the right to enforce it against you.

14. Miscellaneous

If any provision of this EULA is found unenforceable, the remaining provisions remain in effect. This EULA, together with our Terms of Service, Privacy Policy, and, where applicable, our Washington Consumer Health Data Privacy Notice, is the entire agreement between you and Tidewell regarding your license to use the App.

15. Contact Us

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