End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Relay Response (XiMiO Health Inc.), a Delaware corporation ("Relay Response," "we," "us"). It governs your use of the Relay Response App and any related software, updates and documentation (the "App"). By installing or using the App, you agree to this Agreement. If you do not agree, do not install or use the App.

1. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal training or professional-education purposes only. The App is licensed, not sold.

2. Training Use Only

The App is intended for Training Use Only.

Do not use the App as a substitute for emergency services, professional medical judgment or certified training. In an emergency, call your local emergency number (911 in the U.S.) immediately.

3. Restrictions

You may not:

• copy, modify, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, except where the law expressly allows it;
• rent, lease, sublicense, sell or distribute the App;
• remove or alter proprietary notices, trademarks or patent markings;
• use the App for any unlawful purpose or in a way that could endanger others.

4. Intellectual Property

The App, its content and its underlying technology are owned by Relay Response and its licensors. They are protected by U.S. and international copyright, trademark and patent laws. Relay Response™ and XiMiO Health™ are trademarks of XiMiO Health Inc. This Agreement gives you no ownership rights.

5. Data, Privacy and Permissions

The App may use device sensors (such as motion/accelerometer sensors), location and network access to provide training feedback and to sync session data. It may also collect crash and analytics data. Our Privacy Policy explains what we collect, how we use it and your choices. You can revoke device permissions in your device settings, but some features may then stop working.

6. Accounts and Training Records

If you create an account, you must give accurate information and keep your credentials secure. You are responsible for activity under your account. Training session data and performance records belong to the associated user or organization, subject to our Privacy Policy.

7. Updates

We may release updates, which may be required to keep using the App. Updates are governed by this Agreement unless they come with a separate license.

8. Third-Party Services

The App may rely on third-party services, such as app stores, analytics and cloud hosting. Your use of those services is subject to their own terms. We are not responsible for them.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR SUITABLE FOR ANY CLINICAL USE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RELAY RESPONSE AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY INJURY, LOSS OF DATA OR LOSS OF PROFITS, ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM (OR US$100 IF YOU PAID NOTHING).

11. Indemnification

You agree to indemnify and hold harmless Relay Response from claims arising from your misuse of the App or your breach of this Agreement.

12. Termination

This Agreement lasts until terminated. It ends automatically if you breach it. You may end it at any time by uninstalling the App and deleting its copies. Sections 2–4 and 9–14 survive termination.

13. Governing Law and Disputes

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Delaware, and you consent to their jurisdiction.

14. General

This Agreement, together with our Terms of Service and Privacy Policy, is the entire agreement between you and us about the App. If any provision is unenforceable, the rest remains in effect. We may update this Agreement and will post the new date above. Continued use after an update means you accept it.

15. Contact