MindCalm™ Mobile App End User License Agreement

Last updated: August 27, 2025

Please read the terms of this carefully before using and installing this app on your device. If you do not agree to the foregoing, do not install the application.

This MindCalm™ Mobile App End User License Agreement ("Agreement") is between Keith Fitz-Gerald Research, LLC ("KFGR") and you or the entity that you represent (collectively, "You"), and governs Your use of the MindCalm™ mobile application (the "App") on an iOS or Android device.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. BY INSTALLING OR USING THE APP ON YOUR MOBILE DEVICE, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE FOREGOING, KFGR DOES NOT AUTHORIZE YOU TO INSTALL OR USE THE APP.

KFGR reserves the right to revise any portion of this Agreement in its sole discretion at any time by updating this posting and will use reasonable efforts to notify You of modifications. You may be required to agree to the modified version of this Agreement. If You disagree with any changes, Your sole remedy is to discontinue use of the App. Your continued use after a change constitutes acceptance.

1. Parties

This Agreement is between You and KFGR only, and not Apple, Inc. or its affiliated companies ("Apple") or Google, LLC or its affiliated companies (collectively, "Google"). KFGR, not Apple or Google, is solely responsible for the App and its content. Neither Apple nor Google will have any liability whatsoever under this Agreement. However, Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and may enforce it against You.

2. Fulfillment Policy

KFGR's policies regarding purchases of subscriptions, free trials, cancellations, refunds, chargebacks, disputes, payment failures, and related issues are set forth in KFGR's Fulfillment Policy, which is incorporated herein by reference. You agree to be bound by all such policies.

3. Limited License

Subject to the terms of this Agreement, KFGR grants You a limited, worldwide, non-exclusive, non-transferable, revocable license to install and use the App for lawful purposes only, on devices that You own or control.

You acknowledge that transmitting data over Wi-Fi or mobile networks is not 100% secure and that KFGR will have no responsibility for security breaches resulting from such transmissions.

4. License Restrictions

Except as expressly authorized, You must not:

• Copy, reverse engineer, modify, or distribute the App;
• Remove proprietary notices;
• Exploit or resell the App;
• Permit any third-party access to the App via time-sharing or similar arrangements.

The App's source code and structure are proprietary to KFGR.

5. Term and Termination

This Agreement remains in effect until terminated. You may terminate it by deleting all copies of the App. KFGR may terminate this Agreement immediately upon breach. Upon termination, all licenses granted to You cease.

6. Ownership

All intellectual property rights in the App remain the sole property of KFGR or its licensors.

7. Warranty Disclaimer

THE APP IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, KFGR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

KFGR does not warrant that the App will be error-free, uninterrupted, or produce any particular result related to Your health or well-being. The App is not a medical device and does not provide medical advice.

8. Privacy

KFGR may collect and use information as described in its Privacy Policy available at https://mindcalm.io.

Apple and Google may collect data according to their own privacy policies. KFGR has no control over third-party data collection.

9. Technical Support

KFGR may provide limited technical support at its discretion. Neither Apple nor Google is responsible for providing support or updates.

10. Third-Party Claims

KFGR is not obligated to indemnify You against third-party claims arising from Your use of the App. Any legal responsibility arising from infringement or misuse lies solely with You.

11. Product Claims

KFGR is responsible for addressing claims related to the App, including product liability or non-conformity with legal requirements.

The App is intended solely for general well-being and not for diagnosis, treatment, or prevention of disease. Results vary between individuals.

12. Limitation of Liability

IN NO EVENT WILL KFGR, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF DATA OR PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF KFGR UNDER THIS AGREEMENT WILL NOT EXCEED $50.

13. Compliance with Law

You represent and warrant that You are not located in a country under U.S. sanctions and are not on any U.S. government restricted list. You must comply with all applicable export and import laws.

14. Governing Law and Dispute Resolution

14.1 Governing Law

This Agreement will be governed by the laws of the State of Washington, USA, without regard to conflict-of-law principles.

14.2 Dispute Resolution and Arbitration

If a dispute ("Dispute") arises, the parties shall first attempt to resolve it informally within 30 days. If unresolved, the Dispute shall be determined exclusively by final, binding, and confidential arbitration.

The arbitration shall be administered by Judicial Arbitration & Mediation Services, Inc. (JAMS) before a single arbitrator in Anacortes, Washington, in accordance with JAMS Rules. Each party waives the right to trial by jury.

The arbitrator shall issue a written decision, which shall be final and binding. Each party may bring claims only in its individual capacity, not as part of a class action.

Notwithstanding the foregoing, KFGR may seek equitable or injunctive relief, or bring small-claims actions, in a court of competent jurisdiction in Washington State.

15. Miscellaneous

If any provision is held unenforceable, the remainder shall remain in effect. This Agreement, together with the Privacy Policy and Fulfillment Policy, constitutes the entire agreement.

You may not assign this Agreement without KFGR's written consent. KFGR may assign this Agreement in connection with a merger or sale of assets.

Notices to KFGR shall be sent in writing to:

Keith Fitz-Gerald Research, LLC ("KFGR")
Attn: Legal Notices
1004 Commercial Ave #365
Anacortes, WA 98221

Notices to You may be sent via the email address associated with Your App account.

16. Contact

If you have any questions or concerns about this Agreement or the App, please contact: