END USER LICENSE AGREEMENT (EULA)

Last Updated: July 28, 2025

This End User License Agreement (“Agreement”) is a legal agreement between you (“You” or “End User”) and Actavivo Inc. (“Licensor”), a Delaware corporation with a registered office at 251 Little Falls Drive, Wilmington, DE 19808, for the use of the Actavivo mobile application (“Application”).

By downloading or using the Application from the Apple App Store or Google Play Store, and any updates or enhancements to it, You agree to be bound by the terms of this Agreement.

This Agreement is solely between You and Actavivo Inc., not Apple Inc. or Google LLC. Neither Apple nor Google is responsible for the Application or its content.

1. THE APPLICATION

Actavivo is a mobile software application designed to help users organize, plan, and participate in social, commercial, scholastic, and athletic activities. It supports communication and event coordination.

Note: The Application is not intended to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your use is subject to such regulations, you must not use this Application.

2. LICENSE SCOPE

2.1 You are granted a limited, non-transferable, non-exclusive, non-sublicensable license to install and use the Application on devices you own or control, as permitted by this Agreement and the app store’s usage rules.

2.2 This license also applies to any updates, supplements, or replacements provided by Actavivo, unless a separate license is provided.

2.3 You may not share, distribute, rent, lease, lend, or make the Application available to third parties without prior written consent from Actavivo.

2.4 You may not reverse engineer, decompile, translate, disassemble, modify, adapt, or create derivative works of the Application, in whole or in part, without express written permission from Actavivo.

2.5 You may only copy the Application for backup purposes on devices you own or control. Unauthorized access to these copies is strictly prohibited.

2.6 Any breach of the above restrictions may result in legal action and damages.

2.7 Actavivo reserves the right to update or modify the terms of this license at any time.

2.8 Your use of the Application must comply with all applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Actavivo aims to keep the Application compatible with new firmware and hardware, but provides no guarantee of future updates.

3.2 You are responsible for ensuring your device meets the necessary technical specifications.

3.3 Actavivo may change technical requirements at any time.

4. MAINTENANCE AND SUPPORT

4.1 Actavivo is solely responsible for maintenance and support of the Application. For support, contact: support@actavivo.com

4.2 Apple and Google are not responsible for support or maintenance of the Application.

5. USE OF DATA

By using the Application, You acknowledge and agree that Actavivo may access, process, and use your personal data in accordance with its Privacy Policy:
https://actavivo.net/privacy-policy/

6. USER-GENERATED CONTENT

The Application may allow users to post or share content (“Contributions”), including text, photos, videos, or suggestions. You agree that:

• You own or have appropriate rights to your Contributions.
• Your Contributions do not infringe any third-party rights.
• Your Contributions are not offensive, misleading, unlawful, or abusive.
• Contributions may be visible to other users and third-party platforms.
• You grant Actavivo the right to use and display your Contributions in accordance with Section 7 below.

Violation of these terms may result in content removal and suspension of your account.

7. CONTRIBUTION LICENSE

By posting Contributions, you grant Actavivo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to host, use, reproduce, display, modify, distribute, and sublicense your Contributions in any media for any lawful purpose, including commercial use.

You retain ownership of your Contributions, but waive any moral rights and agree not to assert them against Actavivo.

8. LIMITATION OF LIABILITY

8.1 Actavivo’s liability is limited to willful misconduct and gross negligence. For breaches of essential obligations (cardinal duties), liability is limited to foreseeable damages. This limitation does not apply to injury to life, body, or health.

8.2 Actavivo is not liable for data loss. You are responsible for maintaining backups and using the Application as intended. Unauthorized modifications may void your rights under this license.

9. WARRANTY DISCLAIMER

9.1 Actavivo warrants that the Application is free from known malware at the time of download and functions as described.

9.2 No warranty is provided for Applications that are improperly used, altered, or installed in non-approved environments.

9.3 You must inspect the Application upon installation and promptly report any defects using the in-app feedback tool or email.

9.4 If a defect is confirmed, Actavivo may either correct the defect or provide a replacement.

9.5 Warranty claims for business users expire 12 months after delivery. Consumer rights are governed by applicable law.

10. PRODUCT CLAIMS

Actavivo is solely responsible for addressing any claims related to the Application, including:
(i) product liability;
(ii) failure to meet legal or regulatory requirements;
(iii) claims under consumer protection or privacy laws.

11. ACTAVIVO CREDITS

11.1 Nature of Credits
Actavivo may, at its sole discretion, issue virtual credits or tokens (“Actavivo Credits”) to users as part of in-app purchases, promotional offers, referrals, or in-app activities. Actavivo Credits are non-transferable, non-redeemable for cash, and hold no monetary or intrinsic value.

11.2 Expiration
All Actavivo Credits will automatically expire eighteen (18) months after the date they are issued, unless a shorter period is communicated at the time of issuance. Actavivo may remove or modify credit balances at any time, with or without notice.

11.3 Use Restrictions
Actavivo Credits may only be used within the Application for eligible features or services as designated by Actavivo. They may not be sold, exchanged, traded, or used outside of the Application. Any attempt to do so may result in account suspension or credit forfeiture.

11.4 No Ownership Rights
You acknowledge and agree that you have no ownership or proprietary interest in any Actavivo Credits, and Actavivo retains full control and ownership of all credits issued.

12. LEGAL COMPLIANCE

You represent and warrant that:

• You are not located in a country subject to U.S. government embargo;
• You are not listed on any U.S. government restricted party lists.

13. CONTACT INFORMATION

For support or legal inquiries, contact:
📧 support@actavivo.com

14. TERMINATION

This license will terminate automatically if you violate any terms. Upon termination, You must stop using the Application and delete all copies.

15. THIRD-PARTY TERMS & BENEFICIARIES

You agree to comply with all applicable third-party terms. Apple and Google are third-party beneficiaries of this Agreement and may enforce its terms.

16. INTELLECTUAL PROPERTY

In the event of a third-party claim that the Application infringes intellectual property rights, Actavivo will be solely responsible for the defense and resolution of such claims.

17. GOVERNING LAW & JURISDICTION

This Agreement is governed by the laws of the State of Delaware.
You agree that any disputes will be exclusively resolved in the U.S. District Court for the Northern District of Texas or, if not applicable, in state courts located in Dallas County, Texas.

18. MISCELLANEOUS

18.1 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.2 Any changes or waivers to this Agreement must be made in writing.