EULA | Everfur

Last updated: June 22, 2026. Effective: July 22, 2026.

1. Agreement to Terms

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and Strand Health Inc., a Delaware corporation doing business as Everfur, with its principal place of business at 1002 Dean Street, Suite 101, Brooklyn, NY 11238 ("Licensor," "Company," "we," "us," or "our"). This EULA governs your use of the Everfur mobile application(s) and all related software, updates, patches, modules, extensions, SDKs, APIs, embedded widgets, partner integrations, and documentation (collectively, the "Application").

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA IN ITS ENTIRETY. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION. YOU MUST IMMEDIATELY DELETE ALL COPIES OF THE APPLICATION FROM YOUR DEVICES.

This EULA is supplemental to and does not replace our Terms of Service (available at everfur.com/terms). In the event of any conflict between this EULA and the Terms of Service, the Terms of Service shall control except with respect to matters specifically addressed in this EULA regarding the software license grant. This EULA should be read in conjunction with our Privacy Policy, Data Deletion Policy, Cookie Policy, Acceptable Use Policy, AI Transparency Disclosure, Veterinary Disclaimer, and Intellectual Property Notice, each of which is incorporated herein by reference.

2. License Grant

2.1 Scope of License

Subject to the terms of this EULA, we grant you a limited, non exclusive, non transferable, non sublicensable, revocable license to download, install, and use one copy of the Application on a mobile device that you own or control, solely for: (a) your personal, non commercial purposes in connection with the health management of animals you own or for which you are a legally authorized caretaker (Everfur Health Intelligence); or (b) your internal business purposes as a licensed veterinary professional (Everfur Clinical Intelligence), as applicable. This license does not convey any ownership interest in the Application or any portion thereof. The Application is licensed, not sold, to you.

2.2 License Limitations

The license granted herein does not include, and you shall not:

(a) Distribute, sublicense, lease, rent, lend, sell, assign, pledge, or otherwise transfer the Application or any rights therein to any third party, whether for consideration or otherwise.

(b) Modify, adapt, translate, port, or create derivative works based upon the Application, in whole or in part.

(c) Reverse engineer, disassemble, decompile, decode, decrypt, or otherwise attempt to derive or gain access to the source code, object code, underlying structure, ideas, algorithms, or know how of the Application or any part thereof, except to the extent expressly permitted by applicable mandatory law that cannot be waived by contract.

(d) Remove, alter, cover, deface, or obscure any copyright notice, trademark, or other proprietary rights notice, watermark, digital rights management identifier, license key, or confidentiality legend.

(e) Use the Application in any manner that could damage, disable, overburden, impair, or compromise any servers, networks, systems, or infrastructure, or interfere with any other user's use and enjoyment of the Application.

(f) Use the Application or any output thereof to develop, train, validate, fine tune, distill, benchmark, or improve any artificial intelligence, machine learning, large language model, computer vision system, natural language processing system, or similar technology, whether your own or operated by any third party.

(g) Copy, duplicate, reproduce, or distribute the Application or any portion thereof to any public, private, or distributed network, file sharing service, peer to peer network, or content distribution platform.

(h) Use the Application on any device that you do not own or legally control, install the Application on more devices than permitted under your license, or permit others to use the Application through your account credentials.

(i) Intercept, monitor, record, capture, sniff, proxy, man in the middle, or otherwise observe or collect any data, communications, API calls, or network traffic transmitted between the Application and our servers, or between the Application and any third party service, except through the Application's own intended user interface.

(j) Use the Application in connection with any automated system, robot, bot, spider, scraper, browser automation framework, macro, or other automated means, except automation features we expressly provide within the Application.

(k) Modify, circumvent, disable, bypass, interfere with, or attempt to defeat any digital rights management, copy protection, obfuscation, license verification, access control, rate limiting, authentication, or security feature or mechanism of the Application.

(l) Use the Application to access, download, extract, export, store, cache, or redistribute any AI model weights, knowledge graph data, training datasets, embedding vectors, ontological structures, drug interaction databases, product catalog data, or any other proprietary data underlying or used by the Application's AI capabilities or features.

(m) Extract, scrape, systematically download, crawl, harvest, or collect product catalog data, pricing information, Care Team Feed content, user profiles, walk tracking data, or any other database content from the Application by any means, whether manual or automated.

(n) Use the Application to benchmark, compare, evaluate, or test the Application against any competing product or service, or to publish or disclose performance metrics, accuracy rates, response times, or other measurements of the Application, without our prior written consent.

(o) Use the Application for any high risk activity where failure could lead to death, personal injury, or severe environmental or property damage, including but not limited to the operation of vehicles, aircraft, navigation systems, life support systems, or industrial control systems.

(p) Use the Application in any manner that violates applicable law, regulation, rule, order, or governmental request.

(q) Assist, facilitate, encourage, enable, or induce any third party to do any of the foregoing.

2.3 Reservation of Rights

All rights not expressly granted to you under this EULA are reserved by Strand Health Inc. The Application and all copies thereof are proprietary to Strand Health Inc. and title thereto remains in Strand Health Inc. at all times. All rights in patents, copyrights, trademarks, trade secrets, trade dress, moral rights, database rights, and any other intellectual property rights in and to the Application and all derivative works, modifications, enhancements, and improvements thereof shall remain the exclusive property of Strand Health Inc.

3. Device Permissions and Data Access

3.1 Required Permissions

The Application requests access to certain device features as described in our Terms of Service (Section 7) and Privacy Policy. By granting these permissions, you consent to the Application's access to and processing of the corresponding data. Permissions requested may include camera, microphone, photo library, location services, push notifications, Bluetooth, local storage, network access, and biometric authentication.

3.2 Photo Library Access

When you grant the Application access to your device photo library, the Application accesses only the specific images you explicitly select through the operating system's standard image picker interface. The Application does not scan, index, catalog, analyze, upload, transmit, or otherwise access your entire photo library or any images other than those you specifically select. The Application does not create, maintain, or transmit a catalog or index of your photo library contents. You may revoke photo library access at any time through your device operating system settings. Revoking access does not delete images previously submitted to the Services.

3.3 Location Services

The Application uses precise location data only when you enable location dependent features (such as walk tracking, nearby vet finder, or location tagged feed posts) and grant the requisite operating system level permission. Location data collection occurs only during active use of location dependent features, except that walk tracking may continue to collect location data in the background while an active walk session is in progress, which is necessary for continuous route recording. The Application will display a background location indicator when background location collection is active. You may disable location services at any time through your device settings, but doing so will disable walk tracking and other location dependent features.

3.4 Camera and Microphone

The Application accesses the camera only when you actively initiate a photo capture or video recording through the Application's camera interface for health analysis, profile updates, Care Team Feed posts, or product review submissions. The Application accesses the microphone only when you actively initiate an audio recording for cough analysis, respiratory sound analysis, or other audio based health features. The Application does not access the camera or microphone in the background, passively, or without your active and deliberate initiation of a recording function.

3.5 Push Notifications

The Application may request permission to send push notifications to your device. Push notifications may include health alerts, medication reminders, walk reminders, Care Team Feed engagement notifications, order status updates, shipping confirmations, prescription status updates, marketing communications (if you have opted in), and service related administrative messages. You may disable push notifications at any time through your device settings or the Application's notification preferences.

3.6 Biometric Authentication

If your device supports biometric authentication (Face ID, Touch ID, fingerprint recognition, or similar), the Application may offer you the option to use biometric authentication for secure access. The Application does not store, transmit, or have access to your biometric data. Biometric authentication is handled entirely by the operating system's secure biometric subsystem. Enabling biometric authentication is optional and does not affect the availability of password based authentication.

3.7 Network and Connectivity

The Application requires an active internet connection (Wi Fi or cellular data) for most features. Certain features may function with limited or no connectivity, but core AI features, the Care Team Feed, Marketplace, walk tracking synchronization, and prescription coordination require a network connection. You are responsible for any data charges incurred by your mobile carrier in connection with your use of the Application.

4. Telemetry, Analytics, and Diagnostic Data

4.1 Automatic Data Collection

The Application automatically collects certain technical and diagnostic data to support the operation, maintenance, improvement, and security of the Services. This data includes device type and model, operating system version, application version, crash reports, error logs, performance metrics (app startup time, screen render time, API response times), session duration, feature usage events, and unique device identifiers. This collection occurs automatically upon installation and use and does not require separate consent beyond acceptance of this EULA and our Privacy Policy.

4.2 Analytics

We use analytics tools (which may include PostHog, Firebase Analytics, and similar services) to understand how users interact with the Application and to identify opportunities for improvement. Analytics data is collected in pseudonymized or aggregated form where possible. You may control certain analytics collection through your device privacy settings, but disabling analytics may not be possible for all data categories as some are necessary for the Application's operation and security.

4.3 Meta Business SDK

The Application may integrate the Meta (Facebook) Business SDK for the purpose of install attribution and conversion measurement in connection with our advertising campaigns. This SDK may collect device identifiers and app event data for measuring advertising effectiveness. You may control Meta's use of your data through your device advertising settings (Limit Ad Tracking on iOS, Opt Out of Ads Personalization on Android) and through your Meta account privacy settings.

5. Updates and Modifications

5.1 Automatic Updates

We may from time to time develop and provide Application updates, which may include upgrades, bug fixes, security patches, new features, feature modifications, or other modifications. Updates may also modify or remove certain features and functionality. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Depending on your device settings, updates may be installed automatically. All updates shall be deemed part of the Application and subject to the terms of this EULA.

5.2 Compatibility

We do not guarantee that the Application will be compatible with all devices, operating systems, or software environments. We may discontinue support for older operating system versions at any time. Minimum supported operating system versions are: iOS 16.0 or later and Android 10 (API level 29) or later. These minimums are subject to change with future Application releases.

5.3 No Backward Compatibility Obligation

We are not obligated to maintain backward compatibility with prior versions of the Application, prior API versions, or prior data formats. If an update changes the data format or API structure, you may need to update your integration accordingly.

6. Third Party Materials

The Application may incorporate, display, include, or make available third party content, data, information, applications, SDKs, libraries, open source components, or materials ("Third Party Materials") or provide links to third party websites or services. You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Third Party Materials include but are not limited to: product information from third party manufacturers displayed in the Marketplace; content posted by other users to the Care Team Feed; mapping, geolocation, and geocoding data from third party providers; payment processing interfaces; pharmaceutical reference data from licensed content providers; open source software components; and push notification delivery infrastructure. Our use of open source components is documented in our Third Party Licenses notice (everfur.com/licenses).

7. E-Commerce and In App Purchases

7.1 Marketplace Transactions

The Application may facilitate purchases of physical products through the Everfur Marketplace. All Marketplace transactions are processed through our third party payment processor(s) and are subject to the payment processing terms of those providers. Full payment card numbers, CVV codes, and bank account credentials are never transmitted to or stored on Company servers. The Company is not liable for payment processing errors, unauthorized charges, payment card fraud, or disputes with payment processors, except to the extent caused by the Company's gross negligence.

7.2 Subscription Purchases

In app subscription purchases are processed through the Apple App Store or Google Play Store and are subject to the terms, conditions, pricing, refund policies, and cancellation procedures of the applicable app store. The Company does not have the ability to override app store refund decisions or modify app store billing practices.

7.3 Product Availability

Product availability in the Marketplace is subject to change without notice. The Company reserves the right to limit quantities, discontinue products, modify pricing, refuse orders, and cancel orders at any time, including after order confirmation.

7.4 No Offline Commerce

The Application's e-commerce features require an active internet connection. Purchases cannot be initiated, processed, or completed while offline. Shopping cart contents may not persist across extended offline periods.

7.5 Product Returns and Refunds

Returns and refunds for Marketplace products are governed by our Return Policy as set forth in the Terms of Service and as displayed on the applicable product page at the time of purchase.

8. Prescription Coordination Features

The Application may include features that facilitate prescription coordination between you, your veterinarian, and licensed pharmacy partners. These features are technology tools only. You acknowledge and agree that:

(a) THE APPLICATION DOES NOT PRESCRIBE, DISPENSE, COMPOUND, DISTRIBUTE, OR FILL PRESCRIPTIONS.

(b) The Company is not a pharmacy, veterinary practice, veterinary clinic, animal hospital, or healthcare provider.

(c) All prescribing decisions are made exclusively by your licensed veterinarian who has established a valid veterinarian client patient relationship (VCPR) with you and your animal.

(d) All dispensing is performed exclusively by licensed pharmacy partners operating under their own professional licenses and regulatory obligations.

(e) The Company acts solely as a technology intermediary facilitating communication and information coordination.

(f) You are responsible for verifying all prescription information with your licensed veterinarian and pharmacist before administration.

(g) The Company assumes no liability for prescription errors, adverse drug reactions, drug interactions, treatment failures, dispensing errors, allergic reactions, or any other harm arising from or related to prescription coordination.

(h) Prescription coordination features may not be available in all jurisdictions and are subject to applicable federal, state, and local pharmacy, veterinary, and controlled substance regulations.

9. Walk Tracking Features

The Application includes walk tracking features that use GPS and other location technologies to record routes, distances, duration, pace, elevation, and activity data. You acknowledge and agree that:

(a) GPS accuracy varies based on satellite visibility, atmospheric conditions, urban canyon effects, tree canopy, device hardware quality, device power state, and other environmental and technical factors. We do not guarantee the accuracy of any walk tracking data.

(b) Walk tracking is provided for informational and wellness tracking purposes only. It is not a safety, navigation, emergency, hazard detection, or trail condition assessment tool.

(c) You are solely responsible for your safety and the safety of your pet during walks. This includes awareness of traffic, terrain, weather, wildlife, other animals, leash laws, and all other hazards.

(d) Continuous GPS use during walk tracking sessions will increase battery consumption. The Company is not responsible for device battery depletion during walks.

(e) Walk tracking data may be shared to the Care Team Feed if you choose to share it. Shared walk data is subject to the Care Team Feed terms.

(f) The Company is not liable for any injury, loss, accident, animal escape, animal injury, animal death, heat stroke, dehydration, paw injury, wildlife encounter, or any other harm occurring during or in connection with a walk, whether or not the walk tracking feature was in use.

10. Care Team Feed Features

The Application includes the Care Team Feed, a community content sharing feature. You acknowledge and agree that:

(a) Content you post to the Care Team Feed may be visible to other users of the Services in accordance with your privacy settings. Content shared publicly is viewable by all users and cannot be guaranteed to be fully recalled once viewed.

(b) Other users' content is not verified, endorsed, reviewed, or approved by the Company.

(c) Health related content from other users does not constitute veterinary medical advice, regardless of whether the posting user identifies themselves as a veterinary professional or provides credentials.

(d) We may moderate, edit, restrict, or remove content at our discretion, including content that violates our Acceptable Use Policy, community guidelines, or applicable law.

(e) We are not responsible for any content posted by other users, including content that is inaccurate, misleading, harmful, offensive, or that violates any applicable law.

(f) You grant the Company the license described in the Terms of Service to use, display, distribute, and moderate content you post to the Care Team Feed.

(g) Other users may view, screenshot, save, share, or otherwise capture your publicly posted content. We cannot retrieve, recall, or delete copies of your content that other users have saved to their own devices or accounts.

(h) By posting to the Care Team Feed, you assume all risks associated with making health related content publicly visible, including the risk that other users may rely on your content to their detriment.

11. Beta, Preview, and Experimental Features

11.1 Availability

We may from time to time make available beta, preview, early access, experimental, or pre release features ("Beta Features") within the Application. Beta Features are identified as such within the Application or in accompanying communications.

11.2 Beta Feature Terms

Beta Features are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. Beta Features may be incomplete, contain bugs, errors, or defects, and may cause data loss or corruption. You use Beta Features at your own risk. We may discontinue, modify, or remove Beta Features at any time without notice. We make no commitment regarding the availability, functionality, performance, or timeline for general availability of any Beta Feature. Your feedback on Beta Features is welcome and will be treated as Feedback under the Terms of Service.

12. Confidential Information

12.1 Definition

"Confidential Information" means any non public information disclosed by the Company through the Application or the Services, including but not limited to: Application architecture, API design, API schemas, data models, system configurations, internal documentation, non public features, beta features, pricing not publicly available, partnership terms, performance metrics, model accuracy data, non public product roadmap information, user research findings, and any information designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.

12.2 Obligations

You agree not to disclose, publish, disseminate, or make available Confidential Information to any third party without our prior written consent. You agree to use Confidential Information only in connection with your authorized use of the Application. These obligations survive termination of this EULA.

12.3 Exclusions

The foregoing obligations do not apply to information that: (i) is or becomes publicly available through no fault of yours; (ii) was independently known to you prior to disclosure, as documented by your written records; (iii) is independently developed by you without use of or reference to Confidential Information; or (iv) is required to be disclosed pursuant to a court order, subpoena, or applicable law, provided that you give us prompt written notice (where legally permitted) and reasonably cooperate with any efforts to obtain protective treatment of the information.

13. Audit Rights

We reserve the right, upon reasonable notice and during normal business hours, to audit your use of the Application to verify compliance with this EULA, including the license limitations set forth in Section 2.2. For enterprise or B2B users, audit rights may be further specified in the applicable Master Services Agreement or enterprise license agreement. You agree to cooperate with any such audit and to provide reasonable access to relevant records and systems.

14. Aggregate Data

You acknowledge and agree that we may collect, compile, synthesize, and analyze aggregated, de identified, and anonymized data derived from your use of the Application ("Aggregate Data"), including but not limited to usage patterns, feature utilization metrics, error rates, performance data, and general trends. Aggregate Data does not identify you individually. We own all right, title, and interest in Aggregate Data and may use it for any lawful purpose, including product improvement, benchmarking, research, and publication, without restriction or obligation to you.

15. SDK and API Integration Terms

15.1 Applicability

This Section 15 applies if you access or use the Application through an SDK (Software Development Kit), API (Application Programming Interface), embedded widget, or partner integration, whether provided directly by the Company or through an authorized integration partner.

15.2 SDK License

Subject to the terms of this EULA and any separate SDK License Agreement, we grant you a limited, non exclusive, non transferable, revocable license to use the SDK solely to integrate with and access the Application's functionality as documented. The SDK is provided "AS IS" without warranty of any kind. You may not redistribute, sublicense, modify, or create derivative works from the SDK without our prior written consent.

15.3 API Terms

API access, if provided, is subject to rate limits, usage quotas, and access controls as documented in our API documentation. API keys and access tokens are confidential and must not be shared, published, or embedded in client side code. Abuse of API access, including exceeding rate limits, circumventing access controls, or using the API for competitive intelligence, will result in immediate suspension of API access.

15.4 White Label and Partner Integrations

If you access the Application's functionality through a white label integration, embedded experience, or partner application (such as an SDK embedded within a third party platform), your use remains subject to this EULA in addition to any terms imposed by the partner platform. The Company's obligations under this EULA run to you as the end user; the partner platform is not a party to this EULA and does not assume any of the Company's obligations.

16. Accessibility

We are committed to making the Application accessible to users with disabilities in accordance with our Accessibility Statement (available at everfur.com/accessibility). If you encounter an accessibility barrier when using the Application, please contact accessibility@everfur.com.

17. Term and Termination

13.1 Term

This EULA is effective from the date you first download, install, or use the Application and shall remain in effect until terminated by either party.

13.2 Termination by You

You may terminate this EULA at any time by deleting the Application from all devices and deleting your account. Deletion of the Application without account deletion does not terminate this EULA with respect to data retained on our servers.

13.3 Termination by Company

We may terminate this EULA immediately, with or without cause, with or without prior notice, in our sole and absolute discretion. We may also suspend your access to the Application pending investigation of a suspected violation.

13.4 Effects of Termination

Upon termination: (a) all rights and licenses granted hereunder immediately and automatically terminate; (b) you must immediately cease all use of the Application and permanently delete all copies from all devices; (c) we may delete your account and associated data in accordance with our Privacy Policy and Data Deletion Policy; (d) any pending Marketplace orders that have been shipped will be delivered; unshipped orders may be cancelled and refunded at our discretion; (e) your subscription will be cancelled in accordance with the applicable app store's policies; (f) sections of this EULA that by their nature should survive termination shall survive, including without limitation Sections 2.3 (Reservation of Rights), 12 (Confidential Information), 13 (Audit Rights), 14 (Aggregate Data), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnification), 23 (Governing Law), and 19 (Severability).

18. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SUPPLIERS, DISTRIBUTION PARTNERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

(A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON INFRINGEMENT;

(B) ANY WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, BE COMPATIBLE WITH YOUR DEVICE, OR OPERATE WITHOUT INTERRUPTION OR ERROR;

(C) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR CURRENTNESS OF ANY AI OUTPUT, HEALTH ASSESSMENT, DRUG INFORMATION, PRODUCT RECOMMENDATION, WALK TRACKING DATA, OR OTHER CONTENT;

(D) ANY WARRANTY THAT GPS DATA WILL BE ACCURATE OR THAT LOCATION SERVICES WILL FUNCTION CORRECTLY IN ALL ENVIRONMENTS;

(E) ANY WARRANTY THAT PRODUCTS AVAILABLE THROUGH THE MARKETPLACE ARE SAFE, SUITABLE, OR APPROPRIATE FOR YOUR SPECIFIC ANIMAL;

(F) ANY WARRANTY REGARDING PRESCRIPTION COORDINATION ACCURACY, TIMELINESS, OR COMPLETENESS;

(G) ANY WARRANTY THAT THE APPLICATION WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL CODE;

(H) ANY WARRANTY THAT DATA TRANSMITTED TO OR FROM THE APPLICATION WILL BE SECURE OR THAT SECURITY MEASURES WILL NOT BE BREACHED;

(I) ANY WARRANTY REGARDING THE AVAILABILITY, UPTIME, OR PERFORMANCE OF THE APPLICATION OR ANY FEATURE THEREOF; AND

(J) ANY WARRANTY THAT BIOLOGICAL SAMPLE ANALYSIS WILL BE ACCURATE, COMPLETE, OR UNAFFECTED BY SAMPLE QUALITY, CONTAMINATION, OR LABORATORY VARIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRAND HEALTH INC., ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LABORATORY PARTNERS, DISTRIBUTION PARTNERS, PHARMACY PARTNERS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ANIMAL INJURY, ANIMAL ILLNESS, ANIMAL DEATH, PERSONAL INJURY DURING WALK TRACKING OR OTHER PHYSICAL ACTIVITY, PROPERTY DAMAGE, PRODUCT LIABILITY, EMOTIONAL DISTRESS, VETERINARY EXPENSES, OR ANY OTHER DAMAGES, ARISING OUT OF OR RELATED TO YOUR DOWNLOAD, INSTALLATION, ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS EULA OR THE APPLICATION EXCEED FIFTY U.S. DOLLARS ($50.00).

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and costs of litigation) arising out of or related to: (a) your download, installation, or use of the Application; (b) your violation of this EULA or any applicable law; (c) any content you submit through the Application, including Care Team Feed posts and product reviews; (d) any clinical, medical, or health decisions made based on information obtained through the Application; (e) any products purchased through the Marketplace and their use, misuse, or adverse effects; (f) any prescription coordination activity; (g) any injury or harm occurring during walk tracking sessions; (h) any harm resulting from your reliance on Care Team Feed content; (i) your negligence or willful misconduct; (j) your violation of any third party's rights, including intellectual property rights; or (k) any third party claims arising from your use of the Application.

21. Apple App Store and Google Play Store Specific Terms

17.1 Apple App Store

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

(a) This EULA is between you and Strand Health Inc. only, and not with Apple Inc. ("Apple"). Apple is not a party to this EULA and has no obligation under it.

(b) Strand Health Inc., not Apple, is solely responsible for the Application and its content.

(d) In the event of any failure of the Application to conform to any applicable warranty (to the extent any warranty has not been disclaimed), you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Strand Health Inc.'s sole responsibility.

(e) Strand Health Inc., not Apple, is responsible for addressing any claims you or any third party may have relating to the Application or your possession and use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

(f) 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, Strand Health Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this EULA.

(g) Apple and its subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

(h) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.2 Google Play Store

If you downloaded the Application from the Google Play Store, you acknowledge and agree that: (a) this EULA is between you and Strand Health Inc. only, and not with Google LLC ("Google"); (b) Google has no obligation to furnish any maintenance, support, or update services; (c) Google is not responsible for addressing any claims relating to the Application or your use thereof; and (d) in the event of any third party claim that the Application infringes a third party's intellectual property rights, Strand Health Inc., not Google, is responsible for the investigation, defense, settlement, and discharge of such claim.

22. Export Compliance and Sanctions

You may not use, export, re export, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which the Application was obtained, and any other applicable laws and regulations. In particular, but without limitation, the Application may not be exported or re exported (a) into any country embargoed by the United States or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List, or similar restricted party lists maintained by applicable governmental authorities.

23. Governing Law, Jurisdiction, and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute, claim, or controversy arising out of or relating to this EULA or the Application shall be resolved in accordance with the dispute resolution provisions (including mandatory binding arbitration, class action waiver, and jury trial waiver) set forth in our Terms of Service. By accepting this EULA, you agree to be bound by those dispute resolution provisions.

24. Government Users

If the Application is being used by or on behalf of the U.S. Government, the Application and related documentation are "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are defined in 48 C.F.R. Section 2.101 and are provided with only those rights as are granted to all other end users under this EULA.

25. Severability

If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent, and the remaining provisions shall continue in full force and effect.

26. Waiver

The failure of either party to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by the waiving party.

27. Entire Agreement

This EULA, together with the Terms of Service, Privacy Policy, Data Deletion Policy, Cookie Policy, Acceptable Use Policy, AI Transparency Disclosure, Veterinary Disclaimer, Intellectual Property Notice, Third Party Licenses notice, Accessibility Statement, and any applicable MSA or enterprise license agreement, constitutes the entire agreement between you and Strand Health Inc. with respect to the Application and supersedes all prior or contemporaneous understandings regarding the subject matter hereof.

28. Notices

All notices to the Company under this EULA shall be sent to legal@everfur.com. Notices to you will be sent to the email address associated with your account or through in app notifications.

29. Contact Information

Strand Health Inc.
d/b/a Everfur
1002 Dean Street, Suite 101, Brooklyn, NY 11238
Email: legal@everfur.com