InTruth End-User License Agreement (EULA)

1. About This Agreement

This End-User License Agreement ("Agreement") is a legal contract between you ("you" or "your") and Love Out Loud, PBC, a Delaware Public Benefit Corporation, 1616 16th Street, Suite 350, San Francisco, CA 94103 USA ("Company," "we," "us," or "our"). Our wholly owned subsidiary, InTruth Technologies Pty Ltd (ABN 65 664 191 164), based in Melbourne, Australia, supports operations, including data processing and research activities.

This Agreement governs your use of the InTruth mobile and web applications, including all related software, updates, content, analytics, data visualizations, documentation, and services (collectively, the "App").

By downloading, installing, or using the App, you agree to this Agreement and our Privacy Policy, which is available on our website. If you do not agree, do not download, install, or use the App.

2. Eligibility

You must be at least 18 years of age to download, install, or use the App. By using the App, you represent and warrant that you meet this requirement and have the legal capacity to enter into this Agreement.

3. License Grant

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App for your own personal, non-commercial wellness purposes, subject to this Agreement.

This license does not give you ownership of the App, its code, algorithms, data, designs, or content. We may update, modify, or discontinue features at any time without liability to you.

If a feature requires a subscription, your license to that feature depends on your active subscription and compliance with applicable terms.

4. Subscriptions & Payments

Certain features of the App may require a paid subscription or in-app purchase. By purchasing a subscription, you agree to pay all applicable fees in accordance with the pricing, payment, and renewal terms presented to you at the time of purchase.

Subscriptions may automatically renew unless canceled in accordance with the instructions provided by the App Store (Apple App Store or Google Play).

Refunds are handled in accordance with applicable App Store policies and local consumer protection laws.

We reserve the right to change subscription fees at any time, with notice to you as required by law.

If the Company discontinues the App or certain features, subscriptions may be terminated without refund, except as required by law.

5. Restrictions

You must not, and must not permit others to:

• Copy, modify, or create derivative works of the App;
• Reverse engineer, decompile, disassemble, or attempt to access source code, algorithms, or models;
• Sell, rent, sublicense, or distribute the App or its Insights;
• Interfere with or disable security or usage limits;
• Introduce malicious code, exploit vulnerabilities, or attempt unauthorized system access;
• Use the App for unlawful, harmful, or misleading purposes;
• Use emotional Insights for commercial, diagnostic, or clinical purposes without our prior written consent.

5A. Limitations on Use of Emotional Insights

The emotional insights, scores, visualizations, and related outputs generated by the Services ("Insights") are provided solely for personal wellness, reflection, and self-awareness. They are not medical devices, clinical tools, or legal instruments.

Prohibited Uses

You expressly agree that you will not use, attempt to use, or permit others to use the Services or Insights:

• Legal/Regulatory Proceedings – as evidence or proof in any legal, judicial, administrative, arbitration, insurance, employment, family law, or governmental proceeding, or in connection with any claim, dispute, or investigation.
• Medical/Clinical Contexts – for any diagnostic, therapeutic, medical, or clinical purpose, unless expressly authorized in writing by the Company and permitted under applicable law.
• Decisions Affecting Others – to make decisions affecting the rights, obligations, employment, safety, health, education, insurance, or wellbeing of any other person.
• Commercial Use – for commercial purposes, resale, redistribution, or integration into other products or services without our prior written consent.
• Compulsive/Excessive Use – in a manner that encourages compulsive checking, dependency, or that may reasonably be expected to cause emotional distress or harm.
• Unauthorized or Novel Uses – for any purpose beyond those expressly permitted by this Agreement, including attempts to interpret Insights as measures of truthfulness, intent, behavior, or predictive outcomes.
• No Derivative Products: prevent users from building competing tech by "layering" your insights into third-party systems.
• AI/ML Training Restriction: explicitly prohibit users from using Insights or data to train models without consent.

Assumption of Risk

You acknowledge and agree that:

• No Guarantee of Accuracy or Suitability – Insights may be incomplete, inaccurate, or misinterpreted, and are not designed to predict, validate, or determine outcomes in personal, medical, legal, financial, or safety-critical matters.
• Prohibited Reliance – reliance on Insights for consequential decisions (including medical, legal, financial, or safety-critical decisions) is expressly prohibited.
• Emerging Technology Disclaimer – you understand that emotion biotechnology is an emerging and experimental field. The interpretation, application, and social use of Insights remain subject to ongoing research and refinement. The Company does not warrant that Insights will be accurate, reliable, or suitable for any particular context beyond their stated purpose.
• Assumption of Risk – if you attempt to use Insights outside their intended wellness purpose, you do so entirely at your own risk.

Disclaimer of Liability

To the maximum extent permitted by law, the Company disclaims any liability for harms, losses, damages, or consequences arising from:

• misuse, overuse, or unauthorized application of Insights;
• reliance on Insights for purposes outside wellness and self-reflection; or
• any unforeseen or unintended consequences resulting from novel uses of the Services or Insights.

6. Data From Wearables

The App may integrate with third-party wearables (e.g., Garmin) to collect biometric data such as heart rate, heart rate variability (HRV), stress levels, respiration, skin temperature, sleep, activity, and movement signals. We process this data through proprietary algorithms to generate emotion insights.

We do not control, verify, or guarantee the accuracy of data provided by third parties. Your use of third-party devices and platforms is subject to their separate terms and privacy policies.

7. Not a Medical Device

• The App and Services are not medical devices and do not provide medical advice, diagnosis, or treatment.
• The information, data, and emotional insights provided are intended for general wellness, self-reflection, and self-awareness purposes only.
• The App and Services are not designed to diagnose, cure, mitigate, monitor, treat, or prevent any disease, disorder, or medical condition.
• The App and Services are not cleared or approved by the U.S. Food and Drug Administration (FDA), the Australian Therapeutic Goods Administration (TGA), or any other regulatory authority.
• You should always seek the advice of a qualified healthcare professional with any questions you may have about your health, wellbeing, or medical conditions. You should never disregard professional medical advice or delay in seeking it because of information provided by the App or Services.

8. Privacy & Data

Your use of the App involves processing of Personal Data and Biometric Data. By using the App, you consent to this processing in accordance with our Privacy Policy, which is available on our website.

Key points:

• We collect biometric and emotion data from wearables and App interactions, and journal entries you write.
• Journal entries may be analyzed using AI to generate emotional wellness Insights. This processing occurs securely within our private cloud infrastructure, and your data is never used to train AI models.
• Data is encrypted in transit and at rest.
• We may process data in the U.S., Australia, EU, or other jurisdictions where we or our vendors operate.
• We may create and use De-Identified or Aggregated Data for analytics, research, and product improvement.
• You may request deletion of your Personal Data or account by contacting support@intruth.io.
• Nothing in this Agreement limits your statutory rights under applicable privacy or consumer laws (e.g., GDPR, CPRA, HIPAA where applicable, Australian Privacy Act).

9. Data Retention

We retain Personal Data only for as long as reasonably necessary to provide the App and Services, comply with legal obligations, enforce our agreements, and maintain business continuity. If you request deletion of your data or account, we will delete or de-identify your Personal Data within a reasonable timeframe, subject to technical, legal, and contractual requirements. We may retain De-Identified or Aggregated Data indefinitely for research, analytics, or product development purposes, provided it cannot reasonably be used to identify you.

10. Third-Party Services

Some features rely on APIs or services from third parties (e.g., Garmin). Their terms and policies apply separately, and we are not responsible for their content, accuracy, reliability, or privacy practices.

11. Updates & Support

The App may automatically install updates, bug fixes, or enhancements. By using the App, you consent to receiving such updates.

Support is available by contacting support@intruth.io, though we do not guarantee specific response times or resolutions.

12. Warranty Disclaimer

The App and all related content are provided "as is" and "as available."

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, or uninterrupted availability.

You use the App at your own risk.

13. Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its affiliates, licensors, or service providers be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, interruption of business, or emotional distress, arising out of or related to your use (or inability to use) the App or Services, whether based in contract, tort (including negligence), warranty, or other legal theory, even if advised of the possibility of such damages.

The Company's aggregate liability for all claims under or related to this Agreement shall not exceed the greater of: (a) USD $100; or (b) the total amounts you paid to the Company for the App or Services during the twelve (12) months immediately preceding the event giving rise to liability.

Nothing in this section limits liability for death, bodily injury, fraud, or any other liability that cannot be excluded or limited by applicable law. If you reside in a jurisdiction that does not permit exclusions or limitations of liability or damages, the Company's liability shall be limited to the maximum amount permitted under the laws of your jurisdiction.

Nothing in this Agreement affects any non-waivable rights under the laws of your country of residence, including consumer protection rights under the European Union's consumer law, the United Kingdom Consumer Rights Act 2015, or the Australian Consumer Law.

14. Indemnity

You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, officers, employees, and licensors from and against any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:

• (i) your breach of this Agreement;
• (ii) your misuse of the App, Services, or Insights; or
• (iii) your violation of applicable law or the rights of a third party.

This indemnity does not apply to claims caused by our gross negligence, willful misconduct, or violations of applicable law.

15. Termination

This Agreement continues until terminated. You may stop using the App at any time.

We may suspend or terminate your access if you breach this Agreement, misuse the App, or as required by law. Upon termination, your license ends, and you must delete the App. Provisions on disclaimers, limitations, and indemnity survive termination.

16. Export & Legal Compliance

You must comply with all applicable export control, sanctions, and trade laws. You may not use or export the App if you are in a restricted country or on a denied party list.

17. App Store Terms

If you download the App from Apple App Store or Google Play:

• Apple and Google are third-party beneficiaries of this Agreement and may enforce it against you;
• Apple and Google have no obligation to provide maintenance or support;
• You must comply with their respective terms of service and usage policies.

18. Entire Agreement

This Agreement, together with our Privacy Policy and any applicable subscription terms, forms the entire agreement between you and the Company for use of the App. If any provision is found invalid, the remainder remains enforceable.

18A. Force Majeure

We will not be liable or responsible for any delay or failure in performance caused by events beyond our reasonable control, including but not limited to acts of God (such as floods, earthquakes, or storms), natural disasters, epidemics, pandemics, labor disputes, power or internet outages, failures of third-party platforms or services, cyberattacks, or actions of governmental authorities.

19. Governing Law & Disputes

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

Except where prohibited by applicable law, disputes shall be resolved by binding arbitration in Delaware, administered by the American Arbitration Association under its Commercial Rules, on an individual basis (no class actions).

This arbitration clause does not prevent you from bringing concerns to the attention of federal, state, or local agencies, or from seeking relief in small claims court where such options are available to you under applicable law.

Nothing in this section limits your mandatory rights under the laws of your country of residence, including consumer protections under the Australian Consumer Law.

20. Contact Us

Love Out Loud, PBC
1616 16th Street, Suite 350
San Francisco, CA 94103 USA
Email: support@intruth.io