End User License Agreement

END-USER LICENSE AGREEMENT (EULA)

Effective Date: July 4, 2025 | Version: 1.2

IMPORTANT — READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (the “User”) and Fot'Te Solutions LLC ("Company," "we," or "us") for the use of the mobile and web-based software application known as Pride Pro ("App"). By accessing, downloading, installing, or using the App, you agree to be bound by the terms of this Agreement as well as the Company’s Privacy Policy and any other posted guidelines, policies, or notices incorporated herein by reference. If you do not agree to these terms, do not access or use the App.

1. Eligibility

You must be at least 18 years old to use the App. By using the App, you represent and warrant that you are of legal age and have the capacity to enter into this Agreement.

2. License Grant

Fot'Te Solutions LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Pride Pro App for personal, educational, or authorized institutional use only, in accordance with this Agreement. You may not: (a) modify, reverse engineer, decompile, or disassemble the App; (b) use the App in a commercial or clinical setting without our express written permission; (c) resell, lease, or sublicense the App or its contents; or (d) use the App in any unlawful manner or for any unlawful purpose.

3. Intellectual Property

All app code, tools, calculators, software, design, and branding are the property of Fot'Te Solutions LLC. Protocol content, checklists, and field tools may be based on public domain or open-source sources or attributed to their original authors or organizations. You do not acquire any ownership rights by using the App. "Pride Pro" and all associated logos and design marks are trademarks of Fot'Te Solutions LLC.

4. User Content

If the App allows submission of user-generated content (e.g., protocol notes, logs), you retain ownership of your content but grant Fot'Te Solutions LLC a worldwide, royalty-free, sublicensable license to store, process, display, and use that content in connection with operating and improving the App. You are solely responsible for any content you submit and agree not to submit any false, unlawful, or harmful data.

5. Medical Disclaimer

The App is intended as a reference and decision-support tool for trained EMS providers. It is not a substitute for professional judgment, training, or medical oversight. Fot'Te Solutions LLC does not provide medical advice or treatment recommendations. Any clinical use is at your own risk.

6. No Warranty

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED/ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE APP WILL PREVENT MEDICAL ERRORS OR PRODUCE CLINICALLY ACCURATE OR SAFE OUTCOMES.

7. Updates, Bug Fixes, and Support

We may, but are not obligated to, provide updates, bug fixes, enhancements, or technical support for the App at any time. Continued use after updates constitutes acceptance of the updated terms.

8. Limitation of Liability

To the fullest extent permitted by law, Fot'Te Solutions LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or clinical decisions based on the App. Where such limitations are not permitted, our total liability shall be limited to the lesser of 100.00 USD or the amount you paid for the App.

9. Indemnification

You agree to indemnify, defend, and hold harmless Fot'Te Solutions LLC and its owners, employees, contractors, and affiliates from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the App; (b) your breach of this Agreement; or (c) any harm resulting from reliance on the App in a medical context.

10. Modifications to the Agreement and Incorporated Policies

We may modify this Agreement, the Privacy Policy, and any other posted policies or guidelines at any time by updating the posted version in the App or on our website. Your continued use following any such changes constitutes your acceptance of the revised terms.

11. Termination

We may suspend or terminate your access to the App at any time, without notice, if you violate this Agreement or any incorporated policy. Upon termination, all rights granted to you under this Agreement will cease.

12. Governing Law and Arbitration; Venue

This Agreement is governed by the laws of Guam, without regard to conflict of laws rules. Any dispute shall be resolved by binding arbitration in Tamuning, Guam. YOU WAIVE ANY RIGHT TO A JURY TRIAL.

12.1 Class-Action Waiver

YOU AND FOT'TE SOLUTIONS LLC AGREE THAT ANY CLAIMS SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Severability

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

14. Safe Use and Device Distraction Warning

Do not use the App while operating a vehicle, heavy machinery, or performing any activity requiring full attention. We disclaim all liability arising from use in any distracting or unsafe environment, including while driving, operating emergency vehicles, or administering patient care without due attention.

15. Third-Party Access Disclaimer

The license is personal to the registered User and may not be shared, sublicensed, or transferred. You are responsible for all activity under your account or device, whether authorized or unauthorized. We are not liable for harm caused by third parties accessing or using the App.

16. Data Loss and Device Reliability

We are not responsible for loss of data, report files, clinical entries, or operational disruption resulting from crashes, device failure, updates, or network instability. You are responsible for your own backups and device functionality.

17. Protocol Currency

Protocols are subject to change by originating agencies. We do not warrant accuracy or timeliness and are not liable for harm resulting from outdated or superseded guidance. Always verify content before use in patient care.

18. Jurisdictional Use and Export Compliance

The App is intended for use by EMS professionals in Guam and similar jurisdictions. Use in other regions is at your own risk and may violate local standards or regulations. You agree to comply with applicable export, sanctions, and trade laws.

19. User Qualification

By using the App, you represent that you are a certified EMS professional or are authorized by your organization to use the App for reference. We are not liable for outcomes resulting from use by untrained or unauthorized individuals.

20. Not a Medical Device

Pride Pro is not a medical device and is not approved by the U.S. Food and Drug Administration or any other regulatory body. It is a supplemental educational and decision-support tool only.

21. Additional Disclaimers and Use Limitations

(a) Calculators and reference tools depend on accurate user input; we are not responsible for errors from incorrect data entry, misinterpretation, or application of results.

(b) The App is designed for EMS field use only. Any use outside the EMS scope of practice, including hospital or civilian use, is at the user’s sole risk.

(c) Information shared outside the App (screenshots, printouts, exports) may be incomplete or out of context; we disclaim liability for decisions based on such information.

(d) Continued use of outdated versions may expose you to deprecated content; we are not liable for consequences of failing to update.

22. Attribution of Protocols and Field Tools

Tools and scales (e.g., GCS, APGAR, Cincinnati Stroke Scale, LAMS, Parkland Burn Formula, Broselow Tape references, etc.) are based on established public domain standards or published guidelines credited to their creators or organizations. Guam Fire Department or other agency protocols, if used, are referenced where applicable.

23. Incorporation by Reference

This Agreement expressly incorporates the Company’s Privacy Policy and any posted policies, notices, or guidelines relating to the App. In the event of a conflict, this Agreement controls unless otherwise specified.

24. Entire Agreement

This Agreement, together with the Privacy Policy and any incorporated policies, constitutes the entire agreement between you and Fot'Te Solutions LLC and supersedes any prior agreements.

25. HIPAA/PHI Restrictions

The App is not an electronic medical record and is not intended to collect protected health information (PHI). Do not enter PHI. You are solely responsible for any PHI you input or share and for complying with applicable privacy laws.

26. Third-Party Services (Firebase)

The App uses Firebase Authentication, Firestore, Crashlytics, and Analytics to provide authentication, data storage, crash reporting, and usage analytics. These are operated by third parties. We are not responsible for outages, data loss, or breaches affecting those services.

27. Account and Device Security

You must secure your device, credentials, and access to the App. You are responsible for all activities under your account or device. We are not responsible for unauthorized access resulting from your failure to secure them.

28. Class-Action Waiver (Restated)

You may bring claims only on an individual basis and not as a class action or representative proceeding.

29. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government action, internet or hosting failures, or utility outages.

30. Survival

Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, arbitration, class-action waiver, and any provisions that by their nature should survive, shall survive termination or expiration of this Agreement.

31. Continued-Use Acceptance

Updated versions of this Agreement or the Privacy Policy apply to your continued use of the App, including use of older app binaries that continue to access our services.

32. Government End Users / Export

Government users obtain only the rights specified in this Agreement. You agree to comply with all applicable export control and sanctions laws/regulations.

Fot'Te Solutions LLC
156 Techaira Street
Mangilao, Guam 96913
contact@fottesolutions.com

© 2025 Fot'Te Solutions LLC. All rights reserved.