End User License Agreement

1. Acceptance of This Agreement

This End User License Agreement (this "Agreement") is a binding legal agreement between you and CALSIA LLC ("Calsia", "we", "us" or "our") governing your use of the Calsia software application for mobile devices, together with all updates, upgrades and accompanying documentation (the "Application").

By downloading, installing, accessing or using the Application, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree, you must not download, install, access or use the Application, and you should delete it from your device.

Our Terms of Service and our Privacy Policy are incorporated into this Agreement by reference. In the event of any conflict between this Agreement and the Terms of Service in relation to the Application itself, this Agreement prevails.

THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AND AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL ARBITRATION. PLEASE READ SECTIONS 11, 12 AND 16.

2. Definitions

1. "Application" has the meaning given in Section 1.
2. "Device" means an Apple-branded mobile device that you own or control and on which the Application is authorised to run.
3. "Services" means the Calsia services accessed by means of the Application, as defined in the Terms of Service.
4. "User Content" has the meaning given in the Terms of Service.

3. Grant of License

Subject to your continuing compliance with this Agreement, Calsia grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use one copy of the Application on each Device, solely for your personal, non-commercial purposes, and in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions.

The Application is licensed, not sold, to you. This Agreement transfers no title or ownership interest in the Application to you.

4. License Restrictions

Except to the extent that applicable law expressly prohibits the restriction, you must not, and must not permit any other person to:

1. Copy the Application, save for the copy installed by the application store and one copy for backup purposes.
2. Modify, translate, adapt or create derivative works based upon the Application.
3. Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, object code, underlying structure, ideas or algorithms of the Application.
4. Remove, alter or obscure any proprietary notice, label or mark contained in the Application.
5. Rent, lease, lend, sell, redistribute, sublicense, assign or otherwise transfer the Application, or make it available over a network where it could be used by more than one device at a time.
6. Use the Application, or any data obtained through it, to develop, train or improve any competing product, service or machine learning model.
7. Employ any robot, spider, scraper or other automated means to access the Application or the data made available through it.
8. Circumvent, disable or otherwise interfere with any security, authentication, rate-limiting or access-control feature of the Application, or use the Application in any manner that impairs it or that interferes with any other user's use of it.
9. Use the Application in violation of any applicable law, including export control and sanctions law.

5. Reservation of Rights

The Application, and all intellectual property rights subsisting in it, including its software, user interface, visual design, name, wordmark, compiled size charts and the methodology by which fit is determined, are and remain the exclusive property of Calsia and its licensors, and are protected by copyright, trade mark and other laws of the United States and other jurisdictions.

All rights not expressly granted to you in this Agreement are reserved. No right or license is granted by implication, estoppel or otherwise.

6. Technical Requirements and Updates

The Application requires a compatible Device running a supported version of the iOS operating system, as stated in the application store listing, and an active internet connection. You are responsible for all data and network charges incurred in connection with your use of the Application.

Calsia may from time to time make available updates, upgrades, patches and modifications to the Application. Such releases may add, alter or remove functionality. Installation of an update may be necessary for the Application to continue to operate, and this Agreement governs any update supplied unless that update is accompanied by a separate agreement.

Calsia is under no obligation to provide any update, to maintain any particular feature, or to continue to make the Application available.

7. Account Registration and User Content

Use of the Application requires registration of an Account. The Terms of Service govern eligibility, the conduct required of Users, the content that may be submitted, the license granted to Calsia in respect of User Content, and the consequences of breach. Those provisions apply in full to your use of the Application.

8. Privacy and Data

The Application collects, uses and discloses personal information as described in our Privacy Policy, including the sizing information you provide and the automated screening applied to each photograph before publication. By using the Application you acknowledge that processing.

Calsia may also collect and use technical data and related information, including information concerning your Device, system and application software, gathered periodically in order to facilitate the provision of updates and support and to improve the Application.

9. Third-Party Materials

The Application may enable access to third-party websites, services and materials, including retailer websites submitted by other Users. Calsia does not control, endorse or assume responsibility for any third-party material, and access to it is at your own risk.

The Application may incorporate third-party software components made available under their own license terms. Those terms govern the use of the components concerned, and to the extent of any conflict with this Agreement they prevail in respect of those components only.

10. Term and Termination

This Agreement takes effect upon your first download, installation or use of the Application and continues until terminated.

This Agreement and the license granted by it terminate automatically, without notice, upon your failure to comply with any of its terms.

You may terminate this Agreement at any time by deleting the Application from each Device and deleting your Account.

Calsia may terminate this Agreement at any time, with or without cause and with or without notice. Upon termination you must cease all use of the Application and delete all copies of it from every Device in your possession or control.

Sections 5, 8, 11, 12, 13, 14, 15, 16 and 17 survive termination of this Agreement.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CALSIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.

CALSIA DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY INFORMATION MADE AVAILABLE THROUGH IT, INCLUDING SIZING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY CALSIA OR ANY AUTHORISED REPRESENTATIVE CREATES ANY WARRANTY.

Certain jurisdictions do not permit the exclusion of implied warranties or the limitation of applicable statutory rights of a consumer. In those jurisdictions the foregoing exclusions apply to the fullest extent permitted by applicable law, and you may hold additional rights that this Agreement cannot restrict.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALSIA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT, HOWEVER CAUSED AND UPON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CALSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CALSIA UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APPLICATION, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD 100).

Nothing in this Agreement excludes or limits any liability that may not be excluded or limited under applicable law, including liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

13. Indemnification

You agree to defend, indemnify and hold harmless Calsia and its officers, directors, employees, agents, suppliers and licensors from and against any claim, demand, action, liability, damage, loss, cost or expense, including reasonable attorneys' fees, arising out of or in connection with your use of the Application, your breach of this Agreement, or your violation of the rights of any third party.

14. Apple-Specific Terms

The following provisions apply where you obtained the Application from the Apple App Store, and are included at the requirement of Apple Inc.

1. This Agreement is concluded between you and Calsia only, and not with Apple Inc. Calsia, and not Apple, is solely responsible for the Application and its content.
2. The license granted to you in Section 3 is limited to a non-transferable license to use the Application on any Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, save that the Application may be accessed by other accounts associated with you by way of Family Sharing or volume purchasing.
3. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the Application. Requests for support should be addressed to Calsia at the address in Section 18.
4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price of the Application, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever in respect of the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of Calsia.
5. Calsia, and not Apple, is responsible for addressing any claim by you or any third party relating to the Application or your possession or use of it, including any claim that the Application fails to conform to any applicable legal or regulatory requirement, any claim arising under product liability law, and any claim arising under consumer protection or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks where applicable.
6. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Calsia, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
7. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Apple Inc. and its subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement Apple will have the right, and is deemed to have accepted the right, to enforce this Agreement against you as a third party beneficiary of it.

You must also comply with any applicable terms of the application store from which the Application was obtained.

15. Export Compliance and Government End Users

The Application may be subject to the export control laws of the United States and of other jurisdictions. You agree to comply with all such laws and regulations, and you represent that you are not prohibited from receiving the Application under them.

The Application and its documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Any use, modification, reproduction, display, performance, disclosure or distribution by or on behalf of the United States Government is governed solely by this Agreement, and all other use is prohibited.

16. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of New York and, where applicable, the federal laws of the United States, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to this Agreement is subject to the dispute resolution provisions of our Terms of Service, including the agreement to resolve disputes by individual binding arbitration, the waiver of the right to a jury trial, the class action waiver and the opt-out procedure set out there.

Nothing in this Section limits the rights of Apple Inc. under Section 14.

17. General Provisions

If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

No failure or delay by Calsia in exercising any right under this Agreement operates as a waiver of it, and no waiver is effective unless given in writing by Calsia.

You may not assign or transfer this Agreement or any right under it without our prior written consent. Calsia may assign this Agreement without restriction, including in connection with a merger, acquisition or sale of assets.

Calsia may amend this Agreement from time to time. Where an amendment is material, we will revise the effective date shown at the head of this document and provide notice within the Application before it takes effect. Your continued use of the Application after an amendment takes effect constitutes acceptance of it.

This Agreement, together with the Terms of Service and the Privacy Policy, constitutes the entire agreement between you and Calsia concerning the Application and supersedes all prior understandings, whether written or oral.

18. Contact

CALSIA LLC

Electronic mail: admin@calsiapp.com

Support requests may also be submitted through the Contact support facility within the Application.