Motion Connected End User License Agreement

Updated March 09, 2020

This End User License Agreement ("Agreement") is between you and Motion Connected LLC ("Motion Connected") and governs use of the Motion Connected app and EHP Healthy Choice app ("Our Apps") made available through the Apple App Store and the Google Play Store. By installing Our Apps, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use Our Apps.

1. Parties

This Agreement is between you and Motion Connected only, and not Apple, Inc. ("Apple") or GOOGLE LLC ("Google"). Notwithstanding the foregoing, you acknowledge that Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement and have the right to enforce this Agreement against you. Motion Connected, not Apple or Google, is solely responsible for Our Apps and their content.

2. Privacy

Motion Connected may collect and use information about your usage of Our Apps, including certain types of information from and about your device. Motion Connected may use this information as long as it is in a form that does not personally identify you, to measure the use and performance of Our Apps.

3. Limited License

Motion Connected grants you a limited, non-exclusive, non-transferable, revocable license to use Our Apps for your personal, non-commercial purposes. On Apple devices, you may only use Our Apps on devices that you own or control and as permitted by the Apple App Store Terms of Service; on Android devices, you may only use Our Apps on devices that you own or control and as permitted by the Google Play Store Terms of Service.

4. Age Restrictions

By using Our Apps, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement or, if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian and (b) your use of Our Apps does not violate any applicable law or regulation. Your access to Our Apps may be terminated without warning if Motion Connected believes, in its sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's or ward's use of Our Apps, you agree to be bound by this Agreement in respect to your child's or ward's use of Our Apps.

5. Objectionable Content Policy

Motion Connected will moderate all content and decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo, or poker.

6. Warranty

Motion Connected disclaims all warranties about Our Apps to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Motion Connected, not Apple or Google, shall be solely responsible for such warranty.

7. Maintenance and Support

Motion Connected does provide minimal maintenance or support for Our Apps but to the extent that any maintenance or support is required by applicable law, Motion Connected, not Apple or Google, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Motion Connected, not Apple or Google, is responsible for addressing any claims by you relating to Our Apps or use of them, including, but not limited to: (i) any product liability claim; (ii) any claim that Our Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Motion Connected shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to Our Apps. To the extent Motion Connected is required to provide indemnification by applicable law, Motion Connected, not Apple or Google, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that Our Apps or your use of them infringes any third party intellectual property right.