End User License Agreement

1. Agreement to Terms

By downloading, installing, accessing, or using the Metabyl application ("App"), you agree to be bound by this End User License Agreement ("EULA"). If you do not agree to these terms, do not install or use the App.

This EULA constitutes a legally binding agreement between you ("User" or "you") and Metabyl ("we," "us," or "our"). If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to this EULA.

2. License Grant

Subject to your compliance with this EULA, Metabyl grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal mobile device(s)
• Use the App for your personal, non-commercial use
• Access and use the features and services provided through the App

This license is granted solely for the purpose of using the App in accordance with its intended functionality and this EULA.

3. Restrictions

You may not:

• Copy, modify, adapt, alter, translate, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
• Remove, alter, or obscure any proprietary notices, labels, or marks on the App
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App to any third party
• Use the App for any illegal purpose or in violation of any applicable laws or regulations
• Use the App to transmit any viruses, malware, or harmful code
• Interfere with or disrupt the App's functionality or servers
• Use automated systems or bots to access the App without permission

4. Intellectual Property Rights

The App, including all content, features, functionality, design, text, graphics, logos, icons, images, audio clips, and software, is owned by Metabyl and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly granted in this EULA, no rights or licenses are granted to you with respect to the App. All rights not expressly granted are reserved by Metabyl.

5. User Content and Data

You retain ownership of any content, data, or information you provide or create while using the App ("User Content"). By using the App, you grant Metabyl a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the App's services.

You are solely responsible for your User Content and represent that you have all necessary rights to grant the license described above. Metabyl does not collect protected health information (PHI) as defined by HIPAA.

For more information about how we handle your data, please review our Privacy Policy.

6. Medical Disclaimer

IMPORTANT: The Metabyl App provides general educational information and tools for meal planning and healthy eating habits. The App is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or dietary changes. Never disregard professional medical advice or delay in seeking it because of something you have read or learned in the App.

If you think you may have a medical emergency, call your doctor or emergency services immediately.

7. Updates and Modifications

Metabyl may, from time to time, provide updates, upgrades, or modifications to the App. These updates may include bug fixes, new features, or improvements. You agree to install updates as they become available.

Metabyl reserves the right to modify, suspend, or discontinue the App or any part thereof at any time, with or without notice. Metabyl may also modify this EULA at any time. Material changes will be communicated through the App or via email.

Your continued use of the App after any modifications to this EULA constitutes your acceptance of the modified terms.

8. Termination

This EULA is effective until terminated. You may terminate this agreement at any time by uninstalling the App and ceasing all use of it.

Metabyl may terminate or suspend your access to the App immediately, without prior notice, if you breach any term of this EULA or engage in any activity that we determine is harmful to the App, other users, or our business.

Upon termination, your right to use the App will cease immediately, and you must delete all copies of the App from your devices. Sections of this EULA that by their nature should survive termination will survive.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the App will be uninterrupted, error-free, or secure
• Warranties that defects will be corrected or that the App is free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, METABYL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your use or inability to use the App
• Damages resulting from unauthorized access to or alteration of your data

In no event shall Metabyl's total liability exceed the amount you paid to Metabyl in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify, defend, and hold harmless Metabyl and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the App
• Your violation of this EULA
• Your violation of any rights of another party
• Your User Content

12. Third-Party Services and Links

The App may contain links to third-party websites, services, or applications. Metabyl does not endorse or assume responsibility for any third-party content, products, or services.

Your interactions with third parties are solely between you and the third party. Metabyl is not responsible for any loss or damage resulting from such interactions.

13. Export Restrictions

The App may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations.

You may not export or re-export the App in violation of any applicable laws or regulations, including those of the United States.

14. Governing Law and Dispute Resolution

This EULA is governed by and construed in accordance with the laws of the State of Virginia, without regard to its conflict of law provisions.

Any disputes arising out of or relating to this EULA or the App shall be resolved exclusively in the state and federal courts located in Virginia, and you consent to the personal jurisdiction of such courts.

If any provision of this EULA is found to be unenforceable, the remaining provisions will remain in full effect.

15. Entire Agreement

This EULA, together with our Terms & Conditions and Privacy Policy, constitutes the entire agreement between you and Metabyl regarding the App and supersedes all prior agreements and understandings.

If there is any conflict between this EULA and the Terms & Conditions, the Terms & Conditions shall govern to the extent of the conflict.

16. Contact Information

If you have questions about this EULA, please contact us: