End User License Agreement

1. License grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal or internal business purposes.

2. Eligibility and accounts

You must be at least 13 years old to use the App, and if you are under the age of majority where you live, you may use the App only with the consent of a parent or guardian. You are responsible for keeping your login credentials confidential and for all activity under your account. Tell us promptly at support@fusionprofessional.net if you suspect unauthorized use.

3. Restrictions

You may not, and may not allow anyone else to:

• copy, modify, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, except to the extent applicable law expressly permits it despite this restriction;
• rent, lease, lend, sell, sublicense, or otherwise distribute the App;
• remove or alter any proprietary notices;
• interfere with or disrupt the App, its servers, or networks, or attempt to gain unauthorized access to them;
• use automated means to access the App or scrape data from it, except through interfaces we provide for that purpose; or
• use the App to build a competing product or in violation of any law.

4. Your content

You keep ownership of the goals, check-ins, notes, and other content you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, display, and transmit Your Content only as needed to operate and improve the App and to share it with the people you choose. You are responsible for Your Content and confirm that you have the rights needed to submit it.

5. Acceptable use

You agree not to use the App to harass, threaten, or harm others; to post unlawful, defamatory, or infringing material; to impersonate anyone; or to send spam or malicious code. We may remove content or suspend accounts that violate these rules.

6. Subscriptions and fees

Some features may require a paid subscription. Prices and billing terms will be shown before you buy. Purchases made through the Apple App Store or Google Play are billed by that store and are subject to its payment, renewal, and refund terms. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period through your store account settings.

7. Text messaging terms

IMHOTEP delivers reminders, check-ins, and progress updates mainly by text message (SMS, MMS, RCS, or iMessage, depending on your device and carrier). By giving us your mobile phone number and opting in, you agree to these text messaging terms.

• Program: IMHOTEP by Fusion Professional. Messages relate to your account, including goal reminders, check-in prompts, replies to your check-ins, progress summaries, and account and security notices.
• Consent: you agree to receive recurring automated text messages from IMHOTEP at the mobile number you provide. Consent is not a condition of any purchase. You confirm that you are the subscriber or customary user of that number, and you agree to tell us promptly if you change or give up the number.
• Message frequency: message frequency varies with the goals and schedule you set.
• Cost: message and data rates may apply. Any such charges come from your mobile carrier under your plan; Fusion Professional does not charge for text messages.
• Opt out: reply STOP to any message to cancel. You will receive one final message confirming that you have been unsubscribed, and no further messages after that. To rejoin, reply START or opt in again through your account. Opting out of text messages may stop features that rely on them.
• Help: reply HELP to any message, or email support@fusionprofessional.net.
• Carriers: supported carriers include the major U.S. carriers. Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, device, and network coverage. RCS and iMessage delivery also depend on Google's and Apple's messaging services.
• Your replies: do not use text messages to send sensitive information such as passwords or financial or health details. Text messages are not encrypted end to end on every network.
• Privacy: we handle your phone number and messages as described in our Privacy Policy. We do not share your mobile number or text messaging opt-in data with third parties for their marketing purposes.

8. Ownership

The App, including its software, design, text, graphics, and trademarks (including "IMHOTEP" and "Fusion Professional"), is owned by Fusion Professional or its licensors and is protected by intellectual property laws. The App is licensed, not sold. All rights not expressly granted to you are reserved. If you send us feedback, we may use it without any obligation to you.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is part of this Agreement.

10. Not professional advice

IMHOTEP is a tool for setting goals and staying accountable. It does not provide medical, psychological, financial, legal, or other professional advice, and it is not a substitute for advice from a qualified professional. You are solely responsible for the goals you set and the actions you take.

11. Termination

You may stop using the App and delete your account at any time. We may suspend or end your access if you violate this Agreement, if required by law, or if we discontinue the App. When this Agreement ends, your license ends and you must stop using the App. Sections 4 (license to Your Content, to the extent needed to complete deletion), 8, and 10 through 18 survive termination.

12. Disclaimer of warranties

The App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, or that reminders, text messages, or notifications will always be delivered or delivered on time.

13. Limitation of liability

To the maximum extent permitted by law, Fusion Professional will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to the App. Our total liability for any claim arising out of or related to this Agreement or the App will not exceed the greater of the amount you paid us for the App in the 12 months before the claim or US $50.

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of the above may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Fusion Professional and its officers, employees, and agents from any claims, damages, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the App, or your violation of this Agreement.

15. App store terms

If you downloaded the App from the Apple App Store, you and we acknowledge that:

• this Agreement is between you and Fusion Professional only, not Apple, and we, not Apple, are solely responsible for the App and its content;
• your license is limited to use on Apple-branded products you own or control, as permitted by the App Store Usage Rules;
• Apple has no obligation to provide maintenance or support for the App;
• if the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App;
• we, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or privacy claims;
• we, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App infringes intellectual property rights;
• you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties;
• you must comply with applicable third-party terms when using the App; and
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

If you downloaded the App from Google Play or another store, that store's terms also apply to your download and purchases.

16. Governing law and disputes

This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or related to this Agreement or the App will be resolved exclusively in the state or federal courts located in Orange County, California, and you and we consent to their jurisdiction. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days.

17. General

We may update this Agreement from time to time. If we make material changes, we will notify you in the App or by email before they take effect, and your continued use after that means you accept the changes. This Agreement and the Privacy Policy are the entire agreement between you and us about the App. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. You must comply with all applicable export control laws when using the App.

18. Contact

Questions about this Agreement can be sent to:

Fusion Professional Inc.
Email: support@fusionprofessional.net
Mailing address: 9551 Lemon Street, Villa Park, CA 92861