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This End User License Agreement (this “EULA”) is a binding contract between you (“you” or “User”) and Prikme, Inc., a Delaware corporation qualified to do business in California (“Prikme”), and governs your installation and use of the Prikme mobile applications for iOS and Android, together with any updates, related documentation, and online services accessible through the applications (collectively, the “Application”). By installing, accessing, or using the Application, you agree to be bound by this EULA. If you do not agree, you must not install or use the Application and must delete it from your device.

This EULA is supplemental to, and does not replace, Prikme’s Terms of Service and Privacy Policy, which are incorporated by reference. In the event of any conflict between this EULA and the Terms of Service with respect to the matters specifically addressed herein, this EULA controls.

1. License Grant

Subject to your compliance with this EULA, Prikme grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Application on a mobile device that you own or control, solely for your personal, non-commercial use, except that licensed healthcare professionals and authorized administrators of business accounts may use the Application in their professional capacity in connection with the Platform Provider Agreement.

2. License Restrictions

You will not, and will not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Application; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application, except to the extent such restriction is prohibited by applicable law; (c) sell, sublicense, lease, rent, lend, distribute, or otherwise transfer the Application; (d) remove, alter, or obscure any proprietary notices on the Application; (e) use the Application to violate any applicable law or regulation, infringe any intellectual property or other right of any party, or transmit any harmful or malicious code; (f) use any robot, spider, scraper, or other automated means to access the Application; (g) attempt to circumvent any security or access control mechanism of the Application; or (h) use the Application in a manner that exceeds the scope of the license granted in Section 1.

3. Ownership

The Application is licensed, not sold. Prikme and its licensors retain all right, title, and interest in and to the Application, including all intellectual property rights. No rights are granted to you other than those expressly set forth in this EULA. All rights not expressly granted are reserved.

4. Updates

Prikme may, in its discretion, make available updates, upgrades, patches, or new versions of the Application. Such updates may be required for continued use of the Application. The Application may also automatically check for and install updates. Updates are governed by this EULA unless they are accompanied by a separate license agreement.

5. Third-Party Materials

The Application incorporates open-source software components and other third-party materials, including without limitation the Flutter framework and various Flutter packages (such as flutter_riverpod, go_router, supabase_flutter, flutter_stripe, signature, geolocator, geocoding, image_picker, and other libraries identified in the in-app “Licenses” screen). Each such component is licensed under the terms of its applicable open-source license, and your use of those components is governed by those license terms. Nothing in this EULA limits your rights, or grants you rights that supersede the terms of, any applicable open-source license.

6. Mobile Platform Terms

6.1 Apple App Store.

If you obtained the Application from the Apple App Store, you acknowledge and agree that: (a) this EULA is between you and Prikme only, and not with Apple Inc. (“Apple”); (b) Prikme, not Apple, is solely responsible for the Application and its content; (c) Apple has no obligation to furnish any maintenance or support services with respect to the Application; (d) in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application (if any) to you, and to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Application; (e) Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession or use of it, including (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection or similar legislation; (f) in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Prikme, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties; and (h) Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of the terms of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

6.2 Google Play.

If you obtained the Application from Google Play, you acknowledge that this EULA is between you and Prikme only, and not with Google LLC (“Google”), and that Google is not responsible for the Application or its content. Your use of the Application must comply with the then-current Google Play Terms of Service.

7. Privacy and Data

Prikme’s collection, use, and disclosure of information through the Application are described in the Privacy Policy. By installing or using the Application, you acknowledge that you have read and understood the Privacy Policy.

8. Term and Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically and without notice if you fail to comply with any term of this EULA. Prikme may terminate this EULA or suspend your access to the Application at any time consistent with applicable law. Upon termination, you must cease all use of the Application and delete all copies from your devices. Sections 2, 3, 5, 6, 9, 10, 11, 12, and 13 survive termination.

9. Disclaimer of Warranties

the application is provided “as is” and “as available”, with all faults. to the fullest extent permitted by law, prikme disclaims all warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. prikme does not warrant that the application will be uninterrupted, secure, or error-free, that defects will be corrected, or that the application is free of viruses or other harmful components.

10. Limitation of Liability

to the fullest extent permitted by law, in no event shall prikme or its officers, directors, employees, agents, successors, or assigns be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of the application, regardless of whether prikme has been advised of the possibility of such damages. the total cumulative liability of prikme arising out of or relating to this eula shall not exceed one hundred dollars ($100). nothing in this section limits liability that cannot be limited under applicable law.

11. Export Compliance and Government End Users

The Application is subject to United States export control laws and may be subject to import or export regulations in other jurisdictions. You may not, and may not allow any third party to, export, re-export, or transfer the Application in violation of any such laws. The Application is a “commercial item” as defined in 48 C.F.R. § 2.101 and is licensed to U.S. Government end users with only those rights provided to all other end users under this EULA.

12. Governing Law; Dispute Resolution

This EULA is governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to this EULA is subject to the binding arbitration provision and class action waiver set forth in the Terms of Service, which are incorporated into this EULA by reference.

13. General

This EULA, together with the Terms of Service and the Privacy Policy, constitutes the entire agreement between you and Prikme regarding the Application and supersedes all prior agreements and understandings on the subject. If any provision of this EULA is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. The failure to enforce any provision is not a waiver of the right to enforce that provision in the future. You may not assign this EULA without Prikme’s prior written consent; Prikme may assign this EULA freely. Notices to Prikme may be sent to legal@prikme.com or to Prikme, Inc., 3555 Valley Meadow Road, Sherman Oaks, California 91403.