Introduction

This End User License Agreement ("EULA") is a legal agreement between you and Waygate Technologies, LLC ("Licensor," "we," "us," or "our") for the Holler mobile application ("Application" or "App").

By downloading, installing, or using the Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Application.

License Grant

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

• Download, install, and use the Application on any iOS device that you own or control
• Access and use the Application for your personal, non-commercial purposes

License Restrictions

You agree not to, and will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Waygate Technologies, LLC or its affiliates, partners, suppliers, or licensors
• Use the Application for any illegal or unauthorized purpose
• Use the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party's use of the Application
• Use any robot, spider, or other automatic device, process, or means to access the Application
• Attempt to gain unauthorized access to any portion of the Application or any related systems or networks

Intellectual Property Rights

The Application, including all content, features, and functionality, is owned by Waygate Technologies, LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This EULA does not grant you any rights to our trademarks, service marks, or logos. All rights not expressly granted to you in this EULA are reserved by Waygate Technologies, LLC.

Apple App Store Terms

This EULA is between you and Waygate Technologies, LLC only, not with Apple Inc. ("Apple"). Waygate Technologies, LLC, not Apple, is solely responsible for the Application and its content.

Scope of License

The license granted to you is limited to a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

Maintenance and Support

Waygate Technologies, LLC is solely responsible for providing any maintenance and support services with respect to the Application as specified in this EULA, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty

Waygate Technologies, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

Product Claims

Waygate Technologies, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to:

• Product liability claims
• Any claim that the Application fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection or similar legislation

Intellectual Property Rights

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, Waygate Technologies, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance

You represent and warrant that:

• 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
• You are not listed on any U.S. Government list of prohibited or restricted parties

Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of the terms and conditions 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.

Contact Information

For questions, complaints, or claims with respect to the Application, please contact:

Waygate Technologies, LLC
Email: support@waygatetech.co

User Content and Conduct

You retain all rights to any content you submit, post, or display through the Application ("User Content"). By submitting User Content, you grant Waygate Technologies, LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content solely for the purpose of providing and improving the Application.

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to use and authorize us to use all User Content as described in this EULA.

Privacy

Your use of the Application is also governed by our Privacy Policy, which is incorporated into this EULA by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

In-App Purchases

The Application may offer in-app purchases, including optional tips to support development. All purchases are processed through the Apple App Store and are subject to Apple's terms and policies.

Purchases are generally non-refundable except as required by applicable law. For refund requests related to App Store purchases, please contact Apple directly.

Updates and Modifications

Waygate Technologies, LLC may from time to time provide updates, upgrades, or modifications to the Application. These updates may be automatically downloaded and installed. You consent to such automatic updates.

We reserve the right to modify or discontinue, temporarily or permanently, the Application or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Application.

Disclaimer of Warranties

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WAYGATE TECHNOLOGIES, LLC DOES NOT WARRANT THAT:

• The Application will meet your requirements
• The Application will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the Application will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Application will meet your expectations
• Any errors in the Application will be corrected

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAYGATE TECHNOLOGIES, LLC OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAYGATE TECHNOLOGIES, LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Application
• Any conduct or content of any third party on the Application
• Any content obtained from the Application
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WAYGATE TECHNOLOGIES, LLC FOR ALL CLAIMS RELATING TO THE APPLICATION EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE APPLICATION.

Indemnification

You agree to indemnify, defend, and hold harmless Waygate Technologies, LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Application
• Your breach of this EULA
• Your violation of any law or the rights of a third party
• Your User Content

Termination

This EULA is effective until terminated by you or Waygate Technologies, LLC. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms.

Upon termination:

• All rights granted to you under this EULA will immediately cease
• You must cease all use of the Application
• You must delete all copies of the Application from your devices

Termination will not limit any of Waygate Technologies, LLC's rights or remedies at law or in equity.

Governing Law and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the United States and the state in which Waygate Technologies, LLC is registered, without regard to its conflict of law provisions.

Any dispute arising out of or relating to this EULA shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as otherwise provided in our Terms of Service.

Export Compliance

The Application may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer the Application in violation of any applicable laws or regulations.

Severability

If any provision of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Any invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.

Entire Agreement

This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Waygate Technologies, LLC regarding the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Application.

Amendments

Waygate Technologies, LLC reserves the right to modify this EULA at any time. We will notify you of any material changes by posting the new EULA within the Application or through other reasonable means. Your continued use of the Application after such modifications constitutes your acceptance of the updated EULA.

Contact Information

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

Waygate Technologies, LLC
Email: support@waygatetech.co

Acknowledgment

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.