EULA

Effective Date: December 2, 2025

These Terms of Use & End User License Agreement (“Agreement”) are a legal agreement between
you (“You,” “User,” or “Licensee”) and SweatWords, LLC (“SweatWords,” “We,” “Us,” or “Our”), the
owner of the SweatWords mobile application and related software (“App” or “Software”). This
Agreement governs Your access to and use of the App, its features, content, and services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE APP. BY
CLICKING “AGREE,” REGISTERING AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE
ACCESSING OR USING THE APP, YOU:

(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD AND, IF YOU ARE BETWEEN 13 AND 17
YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE
TERMS ON YOUR BEHALF; AND
(C) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
If you do not agree, do not download, install, or use the App.

1. License Scope & Permitted Use

Subject to Your compliance with this Agreement and the Apple Media Services Terms and
Conditions, SweatWords grants You a limited, revocable, non-exclusive, non-transferable license to:
(a) download, install, and use the App on Apple-branded products that You own or control, as
permitted by the usage rules set forth in the Apple Media Services Terms and Conditions;

(b) access and use the content and services made available through the App for Your personal, non-
commercial fitness and wellness purposes only; and

(c) install and use the App on any devices authorized to access Your Apple account through Family
Sharing (if enabled by You and supported by Apple for this App).
You may not share, rent, lease, loan, sublicense, distribute, or otherwise transfer the App to any third
party, nor permit the App to be used on a device You do not own or control.
The App is licensed, not sold. Except for the license granted above, all rights in and to the App are
reserved by SweatWords and its licensors.

2. Eligibility and Accounts
You must be at least 18 years of age, or if You are 13 to 17 years old, You have reviewed this Agreement
with Your parent or legal guardian and received their permission to use the App. Parents and legal
guardians are responsible for the activities of minors using the App. You agree to: (a) provide accurate
registration information; and (b) maintain the confidentiality of Your login credentials.
You are responsible for all activity under Your account.

Users under 13 years old are strictly prohibited from creating an account or using the App.

3. What You Can’t Do with the App (Use Restrictions)
You will not, and will not allow others to:
• copy the App except as permitted
• modify, translate, or create derivative works
• reverse engineer, decompile, or access the source code
• remove or alter proprietary notices
• rent, lease, sell, sublicense, distribute, or commercialize the App
• enable access by multiple users or devices in violation of App Store terms
• bypass security features or attempt unauthorized access
• use the App in connection with harassment or unlawful behavior
4. Ownership and Intellectual Property

The App is licensed, not sold. All rights remain with SweatWords and its licensors. You have no rights
to the App other than those expressly granted above.

5. Health & Safety / Assumption of Risk
The App provides general fitness and wellness information only. The App does not provide medical
advice, and is not intended to diagnose, treat, cure, or prevent any disease or medical
condition.

YOU AGREE AND ACKNOWLEDGE THAT PHYSICAL EXERCISE INVOLVES INHERENT RISKS OF
SERIOUS INJURY OR DEATH, including but not limited to:

• participating in workouts and challenges;
• use of Your own fitness equipment; and
• medical events that may occur during physical activity.
YOU VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS.
Consult a qualified physician or other licensed healthcare provider before beginning any fitness
program or making changes to Your exercise routine. If You have a history of medical conditions
(including heart, respiratory, or musculoskeletal issues), You should obtain medical clearance before
using the App.

If You are between 13 and 17 years old, Your parent or legal guardian must review and approve Your
participation and is responsible for supervising Your use of the App and all exercise activities.
Stop exercising immediately if You feel pain, dizziness, or discomfort. YOU ARE SOLELY
RESPONSIBLE FOR YOUR SAFETY.

SweatWords does not monitor or evaluate Your health or physical condition and does not determine
whether physical activity is safe for You. You assume full responsibility for Your participation in
exercise activities and any decisions related to Your health and fitness.

6. Collection and Use of Personal Information
Your privacy matters to Us. Our data practices are described in the SweatWords Privacy Policy
located at: https://sweatwords.io/privacypolicy.

By using the App, You consent to all actions taken with respect to Your data in accordance with the
Privacy Policy.

7. Premium Hive Subscription Terms, Billing & Refunds

(a) Free Hive Tier. The App offers a limited free tier (“Free Hive”) with restricted access to features,
content, and functionality. SweatWords may modify or discontinue Free Hive features at any
time without notice.

(b) Premium Hive Access. Premium Hive access may be purchased through Monthly or Yearly
auto-renewing subscriptions or as a one-time purchase (where available), processed solely
through Apple Inc. using the Apple In-App Purchase system. All purchases remain subject to the
Apple Media Services Terms and Conditions.

(c) Auto-Renewal. By purchasing a Premium Hive subscription, You agree that: (i) Your subscription
will automatically renew at the end of each billing period at the then-current price; (ii) Your Apple
account will be charged for renewal within 24 hours prior to the end of the current billing period;
and (iii) You must cancel renewal at least 24 hours prior to the renewal date to avoid being
charged for the next period. You authorize Apple to charge Your selected payment method for
subscription fees until You cancel.

(d) Price Changes. We may change subscription pricing at any time. If the price changes, You will
be notified by Apple and given an opportunity to review and accept the updated price before
renewal. Continued use of the App after a price change constitutes acceptance of the updated
pricing.

(e) Impact of Non-Renewal. If Premium Hive access ends or fails to renew, Your account will revert
to Free Hive access and premium-only features will no longer be available.

(f) Refunds. All purchases are final, except where refunds are required by applicable law. Refund
requests must be submitted through Your Apple account, and Apple Inc. is solely responsible
for reviewing and processing any such requests. If You are located in the EU/EEA or other
jurisdictions that provide statutory withdrawal or refund rights for auto-renewing subscriptions,
such rights will apply to the extent required by law. Minors may only initiate purchases with the
involvement and consent of a parent or legal guardian.

(g) Subscription Management. You may manage, modify, or cancel Your subscription at any time
through Your Apple account settings. SweatWords does not control or have access to Apple

billing systems and is not responsible for subscription management or payment-related issues.
For clarity, access to Premium Hive features is governed solely by the license terms in Section 1
(License Scope & Permitted Use).

(h) License Scope for Apple Devices. Your Premium Hive license is limited to a non-transferable
license to use the App on Apple-branded products You own or control, as permitted by the Apple
Media Services Terms and Conditions.

(i) Acknowledgment. You acknowledge that Apple Inc. is not responsible for providing any
maintenance or support services for the App.

8. User-Generated Content & Community Features
You may upload or submit profile photos, group content, and other materials (“User Content”). You
grant SweatWords a worldwide, royalty-free license to use, display, modify, and distribute Your User
Content within the App for its intended functionality.
You agree not to post:

• illegal, harassing, or hateful content
• misleading health or fitness claims
• unauthorized personal information of others
We may review, moderate, remove, or disable User Content that violates this Agreement or
applicable law.

If You believe User Content violates this Agreement or presents a safety concern, You may report it
to Us at info@sweatwords.io. We may take any action we deem appropriate, including warnings,
content removal, or account suspension. We may preserve and disclose User Content and account
information if required to do so by law or if necessary to protect the rights, property, or safety of
SweatWords, our users, or the public.

9. Public Profile, Groups & Leaderboards
Some information you provide may be visible to other users, including:
• Username
• Profile photo
• Stats, streaks, achievements
• Group participation
• Leaderboard rank

If You choose to participate in group or leaderboard features, the above information will be publicly
visible to other users by default. If You do not want others to see such information, You may adjust
Your profile or visibility settings (where available) or disable participation in these features.

Parents and legal guardians approving use of the App by minors (ages 13–17) are responsible for
supervising the minor’s participation in social features, including profile visibility, groups, and
leaderboards.

You may delete or modify Your User Content and profile information at any time as described in the
Privacy Policy. If You delete Your account, we will delete or de-identify personal data in accordance
with the Privacy Policy and applicable laws, though certain non-personal leaderboard data may
remain aggregated or anonymized.

10. Software Updates
We may provide updates, patches, improvements, or remove features at any time.
You must install updates to continue using the App. All updates form part of the App and are governed
by this Agreement.

11. Third-Party Services and Integrations
The App may display or rely on third-party materials and services (including Firebase, Apple services,
analytics providers, and authentication services).

Use of such services may require the transmission of certain data to such third parties. These third
parties are independent of SweatWords and have their own terms and privacy practices.
SweatWords does not control and is not responsible for any third-party products, services, or
content. Your use of any third-party service is at Your sole risk.

While SweatWords exercises reasonable efforts to select reputable providers, we make no
representations, warranties, or guarantees regarding any third-party service, including its availability,
security, or compliance with laws.

Links or integrations with third-party services do not constitute any endorsement or assumption of
responsibility by SweatWords.

Any data processing by such third-party services will be handled in accordance with our Privacy
Policy and the applicable third-party terms.

SweatWords is not responsible for third-party content, data handling, or availability.
Use of such services is at Your own risk.

12. Termination
We may suspend or terminate Your access at any time if:
• You violate this Agreement
• We discontinue support for the App
Upon termination, You must stop using and delete the App.

13. Warranty Disclaimer

(a) General Disclaimer. THE APP, WORKOUTS, AND ANY CONTENT PROVIDED THROUGH THE APP
ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY
WARRANTY OF ANY KIND.

(b) Disclaimed Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SWEATWORDS, LLC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS,
AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF:
• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SPECIFIC FITNESS RESULTS OR
PERFORMANCE IMPROVEMENTS)
• TITLE AND NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF WORKOUT OR FITNESS DATA.

• the App or workouts are safe, suitable, or effective for any particular user
• the App will be uninterrupted, error-free, or secure
• any health, fitness, or performance outcomes will be achieved
• leaderboard or social data will be accurate or continuously available
• bugs or errors can or will be corrected
• the App will be compatible with any particular device, operating system, or update
YOU ARE SOLELY RESPONSIBLE for evaluating Your own fitness level and medical condition
before participating in exercise activities.

For clarity, Apple Inc. has no warranty obligation whatsoever with respect to the App, and any
claims relating to the App are solely between You and SweatWords.
(d) Jurisdiction Exception. Some jurisdictions do not allow the exclusion of certain warranties. In
those jurisdictions, the above disclaimers shall apply only to the fullest extent permitted by law.

14. Limitation of Liability

(a) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
SWEATWORDS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE
LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO
USE THE APP, WORKOUTS, OR ANY FEATURES OF THE APP, INCLUDING BUT NOT LIMITED TO:
• PERSONAL INJURY OR HEALTH-RELATED CLAIMS (INCLUDING THOSE ARISING FROM
EXERCISE ACTIVITIES)
• PROPERTY DAMAGE
• LOST PROFITS

• LOSS OF DATA OR USER CONTENT
• LOSS OF GOODWILL
• BUSINESS INTERRUPTION
• COMPUTER OR DEVICE FAILURE OR MALFUNCTION
• ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES

(b) Cap on Direct Damages.Direct damages, if any, shall not exceed the greater of: (i) the total fees
You paid to SweatWords for Premium Hive in the twelve (12) months prior to the event; or (ii) USD
$50.00.

(c) Applicability. These limitations apply regardless of the legal theory (contract, tort — including
negligence — strict liability, or otherwise), even if SweatWords has been advised of the
possibility of such damages, and even if a limited remedy fails of its essential purpose. Some
jurisdictions do not allow certain limitations or exclusions of liability. In such jurisdictions,
SweatWords’ liability shall be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless SweatWords, LLC and its officers, directors,
employees, agents, affiliates, service providers, successors, and assigns from and against any and
all losses, damages, liabilities, claims, actions, demands, judgments, settlements, costs, expenses,
and fees (including reasonable attorneys’ fees) arising out of or related to:
(a) Your participation in exercise activities or physical activity prompted by the App, including
injuries, medical events, and damage to property;
(b) Your misuse of the App or failure to comply with health and safety guidance;
(c) Your breach of this Agreement or violation of any applicable laws or regulations;
(d) User Content You create, upload, transmit, or make available (including claims of defamation,
copyright or trademark infringement, invasion of privacy, harassment, or unlawful conduct);
(e) Your interactions with other users, both inside and outside the App, including communications
in groups or challenges; and
(f) Any third-party claims arising from Your access to or use of the App, including on behalf of a minor
or other person accessing the App through Your account.
SweatWords reserves the right, at Your expense, to assume the exclusive defense and control of any
matter subject to indemnification, and You agree to cooperate fully with such defense.

16. Dispute Resolution, Arbitration & Class Action Waiver

(a) Users in the United States and Canada. Any dispute arising out of this Agreement will be
resolved by binding arbitration in Wisconsin before a single arbitrator, administered by the

American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration
shall take place in a location reasonably convenient for You, or may be conducted remotely (e.g.,
via written submissions, teleconference, or video conference), at Your election.
Either party may bring an individual action in small claims court for disputes within that court’s
jurisdiction instead of arbitration.
YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
(b) Users in the EU/EEA.Users in the EU/EEA may have additional rights under their local consumer
protection laws. Nothing in this Agreement deprives EU/EEA consumers of mandatory rights
under local law.

17. Acknowledgment of Apple’s Limited Enforcement Rights

Apple Inc. is not a party to this Agreement, but You acknowledge and agree that Apple Inc. is a third-
party beneficiary solely for the limited purpose of allowing Apple Inc. to enforce this Agreement

against You relating to Your use of the App obtained through the Apple App Store.

18. Governing Law

This Agreement is governed by the laws of the State of Wisconsin, United States, without regard to
conflicts of law rules. If You reside in the EU/EEA, this Agreement shall not limit any mandatory rights
You have under applicable local consumer protection laws, and disputes may be brought in the
courts of Your country of residence where required by law.

19. Export Control

The Software may be subject to U.S. export control laws, including the U.S. Export Administration Act
and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the

Software to, or make the Software accessible from, any jurisdiction or country to which export, re-
export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal

laws, regulations, and rules, and complete all required undertakings (including obtaining any
necessary export license or other governmental approval), prior to exporting, re-exporting, releasing,
or otherwise making the Software available outside the U.S.

20. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of
the provision will be amended to achieve as closely as possible the effect of the original term, and all
other provisions of this Agreement will continue in full force and effect.

21. Compliance with Laws

You shall at all times comply with all applicable laws, statutes, rules, regulations and ordinances.
SweatWords has and shall maintain in effect all the licenses, permissions, authorizations, consents,
and permits that it needs to carry out its obligations under this Agreement.

22. Waiver

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent
default of the same or other provisions of this Agreement.

23. Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between You and SweatWords
with respect to the App and supersede all prior or contemporaneous understandings and
agreements, whether written or oral, with respect to the App.

24. Amendments

We may modify this Agreement at any time by posting an updated version within the App or on our
website. Your continued use of the App constitutes acceptance of any changes.

25. Contact Information

SweatWords,LLC
Email: info@sweatwords.io
Website: https://sweatwords.io/
This Agreement is between You and SweatWords, LLC only, and not with Apple Inc., even if You
obtained the App through the Apple App Store.