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End User License Agreement (EULA)

Acknowledgement

This EULA is a legally binding document between the user ("You") and SecondPerspective Ltd., trading as Suji, a company registered in the United Kingdom, and its subsidiary Suji Sub Inc., registered in the United States ("Company," "We," "Us"), and not with Apple or Google, and Suji, not Apple or Google, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service.

Your use of Suji's mobile applications, hardware products, and associated services (collectively, "Products and Services") is conditional upon your acceptance of and compliance with this EULA. By accessing or using our Products and Services, you agree to be bound by this EULA.

1. Scope of License

1.1 License Grant

The mobile application provided by us ("Licensed Application") is the subject of this license. We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on any Apple-branded or Google-branded Products that you own or control, via the Apple App Store or Google Play Store, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service.

1.2 Restrictions

You shall not:

  1. Decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
  2. Remove identification, proprietary notices or labels from the Software or Hardware.

2. Maintenance and Support

We are solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this EULA or as required by law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

We reserve the right to add additional features or functions to the Product. You agree to update the Product to its most recent version as prompted.

3. Warranties

3.1 Hardware Warranty

We provide a 12-month warranty for hardware defects, limited to repairs or replacements as deemed necessary by us.

3.2 Software Warranty

The software component, specifically the "Suji" app, comes with a 12-month limited warranty starting from the date of hardware purchase. During this period, the app is warranted to operate substantially as described in any accompanying documentation. Premium features come with a lifetime warranty so long as the subscription remains active. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Licensed Application to you; any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

    4. Data Collection, Protection, and Compliance

    4.1 Types of Data Collected

    We may collect various types of data in connection with the Licensed Application, including but not limited to:

    1. Personal Identification Information
    2. Usage and Device Information
    3. Location Data

    4.2 Encryption and Security Measures

    We employ AES-256 encryption for data at rest and HTTPS/TLS protocols for data in transit.

    4.3 How Data is Used

    Your data is used for various purposes including but not limited to:

    1. Providing and improving our Products and Services.
    2. Personalizing user experience.
    3. Communicating with you about updates, promotional offers, and other information.

    4.4 Sharing of Data

    We do not sell, trade, or rent your Personal Identification Information to others. However, we may share generic aggregated demographic information not linked to any personal identification information with our business partners, trusted affiliates, and advertisers.

    4.5 User Consent

    By using the Licensed Application, you agree to the collection and use of your data as described in this EULA and our Privacy Policy, which is incorporated herein by reference, including but not limited to technical information about your device, system and application software, and peripherals. If you do not agree to the terms of data collection and usage, do not install or use the Licensed Application.

    4.6 Data Breach Protocol

    We implement reasonable security measures to protect your data, but we cannot guarantee its absolute security. In case of a data breach involving Protected Health Information ("PHI"), we will:

    1. Notify the affected users within 72 hours of discovering the breach.
    2. Report the breach to relevant regulatory bodies within 60 days, in compliance with HIPAA and other applicable laws.
    3. Conduct an internal investigation to determine the breach's scope and origin.
    4. Implement remediation efforts, such as security audits, software updates, and staff training.

    4.7 User Responsibilities

    Users must adhere to the following practices:

    1. Use strong, unique passwords for their Suji accounts.
    2. Never share account credentials.
    3. Regularly update account information.
    4. Logout of public or shared computers promptly.

    5. Product Claims and Legal Compliance

    We, not Apple or Google, are responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the Licensed Application, including:

    1. Product liability claims.
    2. Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.
    3. Claims arising under consumer protection, privacy, or similar legislation.

    You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    Use of Brand Name.
    Company may use the name, brand, or logo of the company, or other legal entity, on behalf of which You are accessing or using the Licensed Application (the “Customer”) or the Customer’s affiliate solely for the purpose of identifying Customer as a licensee or customer of Company on the Company’s website, brochures, or other promotional materials. Any such limited use by Company shall in no way suggest that Company is affiliated with, or speaking on behalf of, Customer or Customer’s affiliate, and Company will cease further use at Customer’s written request. Any other press releases or marketing materials referring to the trademarks or logos of Customer shall require mutual approval in writing prior to public dissemination thereof.

    Authority.
    If the License Application is being used on behalf of a company or other entity by an individual authorized to accept this EULA on its behalf, then all references to “Customer,” “you,” or “your” refer to the company or other entity. If you are a company or other entity, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA. If you are not eligible, are not authorized to bind such company or other entity to this EULA, or do not agree to the terms and conditions of this EULA, then you do not have our permission to use the License Application. Your use of and our provision of the License Application to you, constitutes an agreement by Company and by you to be bound by this Agreement.

    6. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event shall SecondPerspective Ltd., its subsidiaries, affiliates, agents, directors, or employees be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Products and Services.

    This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SecondPerspective Ltd. has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, SecondPerspective Ltd.'s liability in such jurisdictions shall be limited to the extent permitted by law.

    7. Intellectual Property Rights

    In the event of any third-party claim that the Licensed Application or your possession and use of that Licensed Application infringe upon intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

    8. Third Party Terms of Agreement and Third Party Beneficiary

    You must comply with applicable third-party terms of agreement when using the Licensed Application. Apple and Google, and their respective subsidiaries, are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple and Google will have the right to enforce this EULA against you as a third-party beneficiary.

    9. Developer Name and Address

    For any questions, complaints, or claims regarding the Licensed Application, please contact:

    SecondPerspective Ltd. (t/a Suji) Address: Biocity Scotland, Motherwell, Ml1 5UH

    Email: info@sujibfr.com

    10. Governing Law

    The Licensed Application and associated documentation qualify as "Commercial Items," as defined by 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, the Licensed Application and documentation are licensed to U.S. Government end-users only as Commercial Items and with the same rights that are granted to all other users pursuant to the terms of this EULA. Copyright laws of the United States reserve unpublished rights.

    Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement and any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.

    If you are not a U.S. resident or citizen, and you reside and are using the Licensed Application in any European Union country, Switzerland, Norway, or Iceland, then local laws and jurisdiction apply to any dispute or claim arising from this EULA, without regard to conflict of laws principles.

    This EULA specifically excludes the application of the United Nations Convention on the International Sale of Goods.

    11. Termination

    Failure to comply with any terms of this EULA will result in immediate termination of your license.

    This EULA is effective until terminated by You or Us. By continuing to use our Products and Services, you are explicitly agreeing to the terms outlined above.

    Updated 7th February 2024

    Effective 10th March 2024.

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