End User License Agreement

IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) ("You" or "User") and Notch ("Licensor", "we", "us", or "our") for the Notch software application, including any associated media, printed materials, and online or electronic documentation (collectively, the "Software" or "Service").

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY, DOWNLOAD, ACCESS, OR USE THE SOFTWARE.

This EULA governs your use of the Notch mobile application, website, and related services. Please also review our Privacy Policy and Terms of Use, which are incorporated herein by reference.

1. GRANT OF LICENSE

1.1 License Grant

Subject to the terms and conditions of this EULA, Licensor hereby grants to You a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on devices that You own or control
• Access and use the Service for Your personal or commercial use in accordance with the intended purpose of the Software
• Use the documentation provided with the Software in support of Your use of the Software

1.2 License Restrictions

You may NOT:

• Copy, modify, adapt, alter, translate, or create derivative works of the Software
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Software
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software
• Use the Software in any manner that violates any applicable law, regulation, or third-party rights
• Use the Software to develop competing products or services
• Use automated systems to access the Software in a manner that sends more request messages to our servers than a human could reasonably produce

2. SUBSCRIPTION SERVICES

2.1 Subscription Plans

The Software offers subscription-based services with the following plans:

2.2 Auto-Renewal

IMPORTANT NOTICE REGARDING AUTO-RENEWAL:

• Your subscription will automatically renew at the end of each subscription period (monthly or annual, as selected)
• You authorize us to charge your payment method for renewal fees
• Renewal charges will occur at the then-current subscription rate
• You will be charged automatically unless you cancel your subscription before the renewal date
• You may cancel your subscription at any time through your device's App Store settings (iOS) or Google Play account settings (Android), or by contacting us at support@notch.coach
• Cancellation takes effect at the end of the current billing period
• You will retain access to subscription features until the end of the current billing period

2.3 Price Changes

We reserve the right to modify subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods. We will notify you of any price changes at least thirty (30) days in advance.

2.4 Payment Terms

Payment for subscriptions is processed through third-party payment processors (Apple App Store, Google Play Store, or Stripe). By subscribing, you agree to:

• Provide accurate and complete payment information
• Authorize charges to your payment method
• Pay all fees associated with your subscription
• Comply with the terms and conditions of the applicable payment processor

3. INTELLECTUAL PROPERTY RIGHTS

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.

You acknowledge that the Software contains proprietary and confidential information of Licensor. You agree to protect the confidentiality of the Software and not to disclose, distribute, or make available the Software or any portion thereof to any third party.

4. USER CONTENT AND DATA

4.1 User Content

You retain ownership of any content, data, or information you create, upload, or provide through the Software ("User Content"). By using the Software, you grant Licensor a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your User Content
• Use your User Content to provide, maintain, and improve the Software
• Share your User Content with other users as intended by the Software's functionality

4.2 Data Protection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated herein by reference.

5. WARRANTIES AND DISCLAIMERS

5.1 Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OBTAINED THROUGH THE SOFTWARE

LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

5.2 Medical Disclaimer

THE SOFTWARE IS NOT INTENDED TO PROVIDE MEDICAL, HEALTH, OR FITNESS ADVICE. THE SOFTWARE IS FOR INFORMATIONAL AND COACHING PURPOSES ONLY. YOU ACKNOWLEDGE THAT:

• You should consult with qualified healthcare professionals before beginning any exercise or nutrition program
• The Software does not replace professional medical advice, diagnosis, or treatment
• Licensor is not responsible for any health or fitness outcomes resulting from use of the Software
• Coaches using the Software are independent service providers, not employees or agents of Licensor

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SOFTWARE
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID TO LICENSOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Licensor, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use or misuse of the Software; (b) your violation of this EULA; (c) your violation of any rights of another party; or (d) your User Content.

8. TERMINATION

8.1 Termination by You

You may terminate this EULA at any time by: (a) uninstalling the Software from your devices; (b) canceling your subscription (if applicable); and (c) ceasing all use of the Software.

8.2 Termination by Licensor

Licensor may terminate this EULA immediately, without notice, if:

• You breach any term of this EULA
• You engage in fraudulent, abusive, or illegal activity
• You violate any applicable laws or regulations
• Licensor discontinues the Software or Service

8.3 Effect of Termination

Upon termination, your right to use the Software will immediately cease. You must uninstall the Software and destroy all copies in your possession. Sections 3, 5, 6, 7, 9, and 10 of this EULA shall survive termination.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor operates, without regard to its conflict of law provisions.

9.2 Dispute Resolution

Any dispute arising from or related to this EULA shall be resolved through:

• Good faith negotiation between the parties
• If negotiation fails, binding arbitration in accordance with applicable arbitration rules
• You waive any right to participate in a class-action lawsuit or class-wide arbitration

10. GENERAL PROVISIONS

10.1 Entire Agreement

This EULA, together with the Privacy Policy and Terms of Use, constitutes the entire agreement between You and Licensor regarding the Software and supersedes all prior agreements and understandings.

10.2 Modifications

Licensor reserves the right to modify this EULA at any time. Material changes will be notified through the Software or via email. Your continued use of the Software after such modifications constitutes acceptance of the modified EULA.

10.3 Severability

If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

10.4 Waiver

The failure of Licensor to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

10.5 Assignment

You may not assign or transfer this EULA or any rights hereunder without Licensor's prior written consent. Licensor may assign this EULA without restriction.

10.6 Export Restrictions

You agree to comply with all applicable export and import laws and regulations. You may not export or re-export the Software in violation of any applicable laws or regulations.

11. CONTACT INFORMATION

If you have questions about this EULA, please contact us: