End User License Agreement

Please read this End-User License Agreement ("Agreement") carefully before downloading or using the Fit4T mobile application ("Application").

By downloading, installing, or using the Application, you agree to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Everyday Solutions LLC ("Company"). If you do not agree to the terms of this Agreement, do not download, install, or use the Application.

1. License Grant

The Application is licensed, not sold, to you by Everyday Solutions LLC for use strictly in accordance with the terms of this Agreement.

The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, in accordance with this Agreement and the Apple App Store Terms of Service.

2. Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make it available to any third party.
• Copy or use the Application for any purpose other than as permitted under the License Grant above.
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Everyday Solutions LLC or its affiliates, partners, suppliers, or licensors.

3. Data Practices

The Application does not collect, transmit, or process any personal information. The Application:

• Does not require user registration or account creation.
• Does not collect names, email addresses, or any personal identifiers.
• Does not use cookies, analytics, tracking pixels, or any similar technologies.
• Does not contain advertisements or ad-related tracking.
• Does not integrate any third-party SDKs, analytics tools, or advertising frameworks.
• Does not require an internet connection to function after initial download.
• Does not transmit any data to external servers.

The Application stores a small amount of data locally on your device, including your most recent workout design settings and a history of completed workouts. This data never leaves your device and is not accessible to Everyday Solutions LLC. You can delete this data at any time by deleting the Application.

For full details on privacy practices, including information about data that Apple may collect as the platform operator, refer to the Fit4T Privacy Policy, which is incorporated into this Agreement by reference.

4. Health and Fitness Disclaimer

THE APPLICATION OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE APPLICATION IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING CONTAINED IN THE APPLICATION IS INTENDED TO REPLACE THE SERVICES OF A LICENSED PHYSICIAN, HEALTHCARE PROVIDER, OR CERTIFIED FITNESS PROFESSIONAL.

YOU SHOULD CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM, INCLUDING ANY EXERCISES PROVIDED IN THIS APPLICATION. THE USE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION IS SOLELY AT YOUR OWN RISK.

By using the Application, you represent and warrant that either:

(A) All of the following statements are true:

• No physician or healthcare provider has informed you that you have a heart condition or that you should only perform physical activities recommended by a physician.
• You have not experienced chest pain when engaging in physical activity or at rest within the past twelve months.
• You have never lost your balance because of dizziness and you have never lost consciousness during physical activity.
• You do not have a bone, joint, or musculoskeletal problem that could be made worse by a change in your physical activity.
• Your physician is not currently prescribing medication for blood pressure or a heart condition.
• You do not have a history of high blood pressure, heart disease, or stroke, and no one in your immediate family has a history of heart problems or sudden cardiac death.
• You are not pregnant or nursing.
• You do not know of any other medical reason you should not exercise.

OR (B) Your physician or healthcare provider has been specifically consulted by you and has approved your participation in an exercise program of the type provided by the Application.

You acknowledge that physical exercise, including the exercises provided in the Application, carries inherent risks including but not limited to:

• Muscle strains, sprains, tears, and soreness.
• Joint, ligament, and tendon injuries.
• Bone fractures and stress fractures.
• Cardiovascular events, including heart attack, stroke, and abnormal heart rhythm.
• Overexertion, fainting, dizziness, dehydration, and heat-related illness.
• Aggravation of pre-existing injuries or medical conditions.
• In rare cases, serious injury or death.

This is not an exhaustive list, and other unforeseen risks may arise during physical activity.

Everyday Solutions LLC strongly recommends that you hydrate adequately during any workout. You must stop exercising immediately if you experience faintness, dizziness, pain, shortness of breath, chest discomfort, nausea, or any other concerning symptoms, and contact your physician before resuming exercise.

Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read or seen in the Application.

5. Assumption of Risk and Release of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND ANY PHYSICAL EXERCISES OR ACTIVITIES PERFORMED PURSUANT TO, RELATED TO, OR INSPIRED BY THE APPLICATION ARE AT YOUR SOLE AND EXCLUSIVE RISK. YOU ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED AND AGREE TO ASSUME ALL RISKS OF SUCH ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE RISK OF BODILY INJURY, DISABILITY, DEATH, AND PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF EVERYDAY SOLUTIONS LLC OR OTHERWISE.

YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS EVERYDAY SOLUTIONS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION, WHETHER NOW KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY YOU, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, WHILE PARTICIPATING IN ANY EXERCISE OR ACTIVITY RELATED TO THE APPLICATION.

YOU FURTHER AGREE THAT THIS RELEASE AND ASSUMPTION OF RISK EXTENDS TO ALL CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND INCLUDES CLAIMS THAT MAY ARISE FROM THE NEGLIGENCE, FAULT, OR STRICT LIABILITY OF THE RELEASED PARTIES.

You agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising from any claim by you or any third party relating to injury, illness, disability, death, or property damage resulting directly or indirectly from your use of the Application or participation in any exercise or activity described therein.

6. Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein, are and shall remain the sole and exclusive property of Everyday Solutions LLC. This Agreement does not grant you any rights to the Company's trademarks or service marks.

7. Modifications and Updates

Everyday Solutions LLC reserves the right to modify, suspend, or discontinue the Application, temporarily or permanently, with or without notice and without liability to you.

The Company may from time to time provide updates, patches, bug fixes, or other improvements to the Application ("Updates"). All Updates are deemed part of the Application and are subject to this Agreement. The Company has no obligation to provide any Updates or to continue to provide or enable any particular features of the Application.

8. Third-Party Services

The Application may display, include, or make available third-party content or provide links to third-party websites or services ("Third-Party Services"). Everyday Solutions LLC is not responsible for any Third-Party Services, including their accuracy, completeness, legality, or any other aspect thereof. Third-Party Services are provided solely as a convenience and are accessed at your own risk and subject to such third parties' terms and conditions.

9. Termination

This Agreement is effective until terminated by you or by Everyday Solutions LLC. The Company may terminate this Agreement at any time, with or without cause, with or without prior notice. This Agreement will terminate immediately if you fail to comply with any provision.

You may terminate this Agreement by deleting the Application and all copies from your devices. Upon termination, you shall cease all use of the Application and delete all copies. Termination does not limit any of the Company's rights or remedies at law or in equity.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYDAY SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EVERYDAY SOLUTIONS LLC DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEMS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF ANY HEALTH, FITNESS, OR EXERCISE INFORMATION PROVIDED THROUGH THE APPLICATION.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERYDAY SOLUTIONS LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Since the Application is provided at no charge, the entire liability of Everyday Solutions LLC under any provision of this Agreement shall in no event exceed the amount of fifty dollars ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EVERYDAY SOLUTIONS LLC SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Indemnification

You agree to indemnify and hold harmless Everyday Solutions LLC and its officers, employees, agents, partners, and licensors from any claim or demand, including reasonable attorneys' fees, arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

13. United States Government End Users

The Application and related documentation are "Commercial Items" as defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation." In accordance with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, the Application is licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to this Agreement.

14. Export Compliance

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By installing or using the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

15. Severability

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

16. Waiver

The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

17. Amendments

Everyday Solutions LLC reserves the right to modify or replace this Agreement at any time. If a revision is material, the Company will provide at least 30 days' notice prior to new terms taking effect. By continuing to access or use the Application after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

18. Governing Law

The laws of the District of Columbia, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

19. Entire Agreement

This Agreement, together with the Fit4T Privacy Policy, constitutes the entire agreement between you and Everyday Solutions LLC regarding the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

20. Contact Information