Heeroo

Terms of Use Agreement

END-USER LICENSE AGREEMENT AND TERMS OF USE

Version Date: January 2022

Introduction.
Context of the Heeroo application and the Heeroo Data Management System.
No medical advice.
Use of third-party products.
Property rights.
What rights do I have to use the Heeroo application and the Heeroo Data Management System?
What rules apply to my use of the Heeroo application?
What will happen if there are updates to the Heeroo application?
How does the Heeroo application work?
What are the registration procedures required to use the Heeroo application?
What rules apply to the use of my Heeroo Data Management System account?
What is the availability of the Heeroo Data Management System?
Data transmission license.
How can I delete my Heeroo Data Management System account?
How can this Agreement be terminated?
How to update this agreement?
How to request help or file a complaint?
What will happen to the feedback I provide to request help?
What data is collected in the event of a Heeroo application crash?
Our exclusion of warranty.
Important information about the limitations of our liability.
What are my indemnification obligations?
Which law governs this Agreement?
Entire Agreement.
Apple-specific terms if you use the iOS version of the Heeroo application.
Additional legal notices.
What does clicking the "Accept" button mean?

1. Introduction.

For all users: Please read this End-User License Agreement and Terms of Use ("Agreement") carefully before accepting and using the Heeroo mobile application ("Heeroo Application"). BY ACCEPTING THIS AGREEMENT AND USING THE HEEROO APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU ACCEPT EITHER FOR YOURSELF OR ON BEHALF OF ANOTHER INDIVIDUAL FOR WHOM YOU HAVE THE ACTUAL AUTHORITY TO LEGALLY BIND THAT PERSON TO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL INSTALLING, USING, OR ACCESSING THE HEEROO APPLICATION ON BEHALF OF OR FOR THE BENEFIT OF ANY BUSINESS, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN "ORGANIZATION"), YOU ACCEPT THIS AGREEMENT AND WHAT IT CONTAINS ON BEHALF OF YOURSELF AND THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION TO THIS AGREEMENT. References to "You," "Your," or "User" in this Agreement include both the person using the application and any such organization. This document is a legally binding agreement between you and Heeroo (9493-6564 Quebec Inc.) (referred to as "Heeroo," "we," "our," or "us" in this agreement). This agreement covers:

Your installation and use of the Heeroo Application (including any updates, upgrades, bug fixes, or modified versions thereof) on your authorized mobile device,
Your use of the Heeroo Data Management System ("Heeroo Data Management System") (the Heeroo Application serves as a gateway to create or access a Heeroo Data Management System account), and
All manuals, instructions, descriptions, specifications, or other documents, whether in paper or electronic form, provided by Heeroo ("Documentation") describing or relating to the use of the Heeroo Application. All terms of a purchase order, QR code, or any other documentation issued by or on your behalf containing additional or conflicting conditions or claiming to replace, reject, modify, or be a counter-offer to this agreement are expressly rejected and are void as such.

Please note that the headings of this agreement are for your convenience only and do not limit, define, or fully explain each section. YOUR USE OF THE HEEROO APPLICATION IS CONDITIONAL ON AND CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. BY CLICKING "ACCEPT," YOU EXPRESSLY CONSENT AND AGREE THAT THIS AGREEMENT WILL APPLY TO YOUR USE OF THE HEEROO APPLICATION AND YOUR USE OF THE HEEROO DATA MANAGEMENT SYSTEM. IF YOU, OR A PERSON ON WHOSE BEHALF YOU CREATE A HEEROO DATA MANAGEMENT SYSTEM ACCOUNT, DO NOT ACCEPT THESE TERMS, DO NOT CLICK TO ACCEPT THIS AGREEMENT AND DO NOT DOWNLOAD OR USE THE HEEROO APPLICATION. IF YOU CREATE A HEEROO ACCOUNT, YOUR USE OF THE HEEROO APPLICATION IS ALSO SUBJECT TO THE "HEEROO SYSTEM PRIVACY POLICY" ("PRIVACY POLICY") AVAILABLE AT WWW.HEEROO.COM, WHICH EXPLAINS HOW WE COLLECT, PROTECT, STORE, AND DISCLOSE YOUR PERSONAL INFORMATION, INCLUDING HEALTH INFORMATION YOU PROVIDE THROUGH YOUR USE OF THE HEEROO APPLICATION OR THAT WE COLLECT VIA OUR RESEARCH TOOLS. See also section 10 for additional and country-specific information. Please consult your healthcare provider for any clarification or questions related to your health. The Heeroo Application does not in any way replace the advice of your healthcare provider.

2.Context of the Heeroo Application and Heeroo Data Management System. Heeroo is the developer of the Heeroo application and holds the marketing authorizations and registrations for it. Our mission at Heeroo, Inc. is to provide a human social network where users can feel safe. Safe to be who they are, in all their authenticity, vulnerability, and reality. That's why we like to call Heeroo a human media, not a social media. Because we, humans, need authentic connections and trust. We are bringing back what has been lost in the quest for attention from other social media, the respect for our human nature.

The use of the Heeroo Data Management System may require compatible devices, internet access, data usage (fees may apply), certain software (fees may apply), and periodic updates, and the performance of the Heeroo Data Management System may be affected by these requirements. The Heeroo application is not compatible with all mobile devices. Please check www.Heeroo.com to verify compatibility with your operating system and mobile device before downloading.

3.No Medical Advice. THE HEEROO APPLICATION AND HEEROO DATA MANAGEMENT SYSTEM ARE NOT INTENDED FOR THE DIAGNOSIS OR SCREENING OF MENTAL HEALTH ISSUES. USERS SHOULD BE AWARE THAT THE HEEROO DATA MANAGEMENT SYSTEM IS AN INFORMATION MANAGEMENT SERVICE ALLOWING DATA ANALYSIS AND IS NOT INTENDED TO REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. INDIVIDUALS SHOULD ALWAYS CONSULT THEIR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION, INCLUDING ANY QUESTIONS OR CONCERNS ABOUT MANAGING A MENTAL HEALTH ISSUE. YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION TRANSMITTED TO OR CONTAINED IN YOUR HEEROO DATA MANAGEMENT SYSTEM ACCOUNT. You must follow the usual guidelines established by your physician or other healthcare professional. HEEROO IS NOT A HEALTHCARE PROVIDER AND HEEROO IS NOT RESPONSIBLE FOR NOTIFYING A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL(S) IN CONNECTION WITH YOUR USE OF THE HEEROO APPLICATION. You and your physician and other qualified health professional(s) are solely responsible for communicating information about your health, providing feedback, and discussing and recommending tests and treatment options. Heeroo does not recommend or endorse any tests, products, procedures, or opinions. YOUR DECISION TO ACT ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE HEEROO DATA MANAGEMENT SYSTEM OR ON ANY INFORMATION RECEIVED FROM EMPLOYEES, AGENTS OR SUPPLIERS OF HEEROO IS AT YOUR OWN RISK. THE INFORMATION MADE AVAILABLE TO YOU THROUGH THE HEEROO DATA MANAGEMENT SYSTEM IS NOT AN ELECTRONIC MEDICAL RECORD; IT CANNOT BE USED AS A BASIS FOR MAKING THERAPEUTIC ADJUSTMENTS.

4.Use of Third-Party Products.

YOU ACKNOWLEDGE THAT YOU WILL USE THE HEEROO APPLICATION IN CONNECTION WITH PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES THAT ARE NOT PROVIDED BY HEEROO AND FOR WHICH HEEROO HAS NO RESPONSIBILITY, INCLUDING YOUR MOBILE DEVICE. You are responsible for obtaining, maintaining, and paying for all hardware and telecommunications and other supplies or services not provided by Heeroo that are necessary to receive, access, or use the Heeroo application and the Heeroo Data Management System.
NEITHER HEEROO NOR ANY DEVELOPER OF THE HEEROO APPLICATION WILL BE LIABLE FOR SUCH THIRD-PARTY PRODUCTS. Any third-party product that is licensed to you or provided to you is subject to the terms and conditions of the purchase agreement, software license agreement, or services agreement accompanying that third-party product in any form, including electronic license terms or any other form accepted at the time of download or purchase. Your use of any third-party product will be entirely governed by the terms and conditions of that agreement.
Optional Authorized Systems and Products: You may be able to link your Heeroo Data Management System account through the Heeroo application with other authorized third-party applications. Heeroo is responsible for the data it sends to the third party until it leaves the Heeroo Data Management System. Heeroo is not responsible for your decision to link the Heeroo application to these other third-party services or products, for any data sharing with these third parties, or for providing such functionalities. All third-party products that are licensed to you or provided to you are subject to the terms and conditions of any purchase agreement, software license agreement, privacy notice, terms of use, and/or services agreement accompanying that third-party product in any form, including electronic license terms or any other form accepted at the time of download or purchase. Your use of any third-party product will be entirely governed by the terms and conditions of that agreement. Unauthorized Systems and Products: Please note that third parties may offer services, software, and mobile applications that are not authorized by Heeroo and that may claim to be compatible with the Heeroo application and/or Heeroo Data Management System, but are not authorized by Heeroo for such use. HEEROO DOES NOT RECOMMEND USING THE HEEROO APPLICATION AND/OR HEEROO DATA MANAGEMENT SYSTEM WITH:

4. Use of Third-Party Products. • YOU ACKNOWLEDGE THAT YOU WILL USE THE HEEROO APPLICATION IN CONNECTION WITH PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES WHICH ARE NOT PROVIDED BY HEEROO AND FOR WHICH HEEROO HAS NO RESPONSIBILITY, INCLUDING YOUR MOBILE DEVICE. You are responsible for obtaining, maintaining, and paying for all hardware and telecommunications and other supplies or services not provided by Heeroo that are necessary to receive, access, or use the Heeroo application and the Heeroo Data Management System. • NEITHER HEEROO NOR ANY DEVELOPER OF THE HEEROO APPLICATION SHALL BE HELD LIABLE FOR SUCH THIRD-PARTY PRODUCTS. Any third-party product that is licensed to you or provided to you is subject to the terms and conditions of the purchase agreement, software license agreement, or service agreement accompanying that third-party product in any form, including electronic license terms or any other form accepted at the time of downloading or purchasing. Your use of any third-party product will be entirely governed by the terms and conditions of that agreement. • Optional Authorized Systems and Products: You may be able to link your Heeroo Data Management System account through the Heeroo application with other authorized third-party applications. Heeroo is responsible for the data it sends to the third party until it leaves the Heeroo Data Management System. Heeroo is not responsible for your decision to link the Heeroo application to these other third-party services or products, for any data sharing with these third parties, or for providing such features. All third-party products that are licensed to you or provided to you are subject to the terms and conditions of any purchase agreement, software license agreement, privacy notice, terms of use, and/or service agreement accompanying that third-party product in any form, including electronic license terms or any other form accepted at the time of downloading or purchasing. Your use of any third-party product will be entirely governed by the terms and conditions of that agreement. Unauthorized Systems and Products: Please note that third parties may offer services, software, and mobile applications that are not authorized by Heeroo and that may claim to be compatible with the Heeroo application and/or Heeroo Data Management System but are not authorized by Heeroo for such use. HEEROO DOES NOT RECOMMEND USING THE HEEROO APPLICATION AND/OR HEEROO DATA MANAGEMENT SYSTEM WITH UNAUTHORIZED THIRD-PARTY PRODUCTS. IF YOU CHOOSE TO DO SO, THIS USE WILL BE AT YOUR OWN RISK. UNAUTHORIZED THIRD-PARTY PRODUCTS ARE BEYOND HEEROO'S CONTROL; HEEROO HAS NO RESPONSIBILITY FOR THESE PRODUCTS AND MAKES NO CLAIM REGARDING THE VALIDITY, ACCURACY, RELIABILITY, OR STATUS OF THESE PRODUCTS AND WILL NOT BE LIABLE FOR ANY CLAIMS RELATED TO AND HAS NO RESPONSIBILITY REGARDING ANY UNAUTHORIZED SERVICE, SOFTWARE, APPLICATION, OR OTHER PRODUCT.

5. Property Rights. You acknowledge and agree that Heeroo, its affiliates, its suppliers, or its licensors own or license all the legal rights, title, and interest in and to all aspects of the Heeroo application, the documentation, the Heeroo Data Management System, and any upgrades, modifications, customizations, or additional parts thereof, including but not limited to the graphics, user interface, scripts, and software used to implement the Heeroo application and the Heeroo Data Management System, and any software or document provided to you as part of and/or in connection with the Heeroo application or the Heeroo Data Management System, including all intellectual property rights therein, whether registered or not, and wherever they exist in the world. For the purposes of this Agreement, "Intellectual Property Rights" means any copyright, patent, trade secret, trade dress, trademark, rights of presentation, goodwill, rights in designs, technology, artwork, rights in computer software (including source code), database, and rights or forms of protection similar or equivalent to those rights or forms of protection, whether or not now existing, subsequently arising, or hereafter developed, on any media now known or hereafter invented, anywhere in the world. You agree to refrain from any action that would diminish these rights or challenge them. You further agree that the Heeroo application and the Heeroo Data Management System contain proprietary and confidential information (including software code) that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree not to use this proprietary and exclusive information or materials in any way except as expressly authorized by this Agreement. No part of the Heeroo application or the Heeroo Data Management System may be reproduced in any form or by any means except as expressly permitted in this agreement or as permitted by applicable law, and you must not remove any product identification, copyright notice, or property restrictions. Unauthorized copying of the Heeroo application or the Heeroo Data Management System or non-compliance with the restrictions of this agreement (or any other breach of the license herein) will result in the automatic termination of this agreement and you agree that this will constitute immediate and irreparable harm to Heeroo, its affiliates, and/or its licensors for which monetary damages would be an inadequate remedy, and that injunction would be an appropriate remedy for such breach. The structure, organization, and code of the Heeroo application are valuable trade secrets and confidential information of Heeroo, its affiliates, and/or its licensors. You must not remove any product identification, copyright notice, or property restriction from the Heeroo application. Heeroo and the associated trademarks, are trademarks of 9493-6564 Quebec Inc. in various jurisdictions (the "Heeroo Trademarks"). Any goodwill derived from the use of the Heeroo Trademarks in accordance with the terms of this Agreement will apply only to the benefit of 9493-6564 Quebec Inc. Other trademarks included or referred to in the use of the Heeroo application are the trademarks of their respective owners and any goodwill associated with those trademarks will apply to those respective trademark owners. No license or right, express or implied, is granted to any of the aforementioned trademarks, and you further agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Heeroo application or the Heeroo Data Management System. No use of a trademark, trade name, or trade dress of Heeroo may be made without the prior written permission of Heeroo, except to identify the product or services of the company. Heeroo, its affiliates, its suppliers, and its licensors reserve all rights not expressly granted to you in this Agreement. Parts of the Heeroo application may include material provided by third parties in which intellectual property rights subsist. The licensors of these third-party materials retain all their rights, titles, and interests in and to these third-party materials and all copies thereof, including, but not limited to, all intellectual property rights. You hereby acknowledge the use of this third-party material and associated rights, except and only to the extent that the foregoing acknowledgment is ineffective in certain countries/states/provinces/jurisdictions. Notwithstanding any provision to the contrary, Heeroo does not transfer to the user any ownership rights or intellectual property rights in the Heeroo application, the documentation, or any other technology, information, or material, and between the parties, Heeroo, its affiliates, and its licensors retain exclusive ownership of all rights, titles, and interests in and to all aspects of the Heeroo application, the documentation, and all other technologies, information, and materials, as well as all copies or modifications thereof (by anyone and at any time), including, but not limited to, all intellectual property rights with respect to all of the foregoing.

6.What rights do I have to use the Heeroo application and the Heeroo Data Management System? Access to the Heeroo application and the Heeroo Data Management System is licensed, not sold, by Heeroo. Subject to your compliance with this Agreement, and as long as Heeroo authorizes you to use the Heeroo application and the Heeroo Data Management System, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to install and use the Heeroo application on a mobile device that you own or control, and to access and use the Heeroo Data Management System solely for your personal or commercial use (referred to as "License"). Your use of the Heeroo Data Management System is also subject to all rules or policies applied by any app store provider such as, but not limited to, the Google Play Store. If you do not comply with any of the terms or conditions of this Agreement, you must immediately cease accessing the Heeroo Data Management System via the Heeroo application, stop using the Heeroo application, and remove (i.e., uninstall and delete) the Heeroo application from your mobile device.

GET DOUBLE IMPACT REWARD POINTS During the clinical study, you are not required to pay anything for the download, installation, access, and use of the Heeroo application or for the access and use of the Heeroo Data Management System under this agreement. The license granted herein does not confer any title, ownership rights, or interest in the intellectual property rights. You acknowledge that you acquire no title, ownership, or property rights, or interest in the Heeroo application, the documentation, the Heeroo Data Management System, the intellectual property rights, or any other technology, information, or material. Any goodwill derived from the use of the intellectual property rights in accordance with the terms of this agreement shall apply only to the benefit of Heeroo, its affiliates, and/or its licensors. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HEEROO, ITS SUBSIDIARIES, ITS SUPPLIERS, AND/OR ITS LICENSORS, except only to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions. You do NOT have the right to: • use the Heeroo application on any mobile device that you do not own, do not control, or do not have legitimate access to; • connect the Heeroo application to a third-party sensor without the consent of that third party; • copy, reproduce, republish, download, post, or make available in any other way the Heeroo application or documentation, or any part thereof, in any form, on the Internet or otherwise to any other person. • sell, rent, loan, assign, license, sublicense, distribute, or otherwise transfer the rights of the Heeroo application or documentation, except as expressly provided in this Agreement. The Heeroo application may not be transferred to another end user and must be uninstalled if you transfer the mobile device(s) on which it is installed. The data you store or transmit using the Heeroo application is specific to you. If another user wishes to use the Heeroo application, they must download the Heeroo application directly onto their device and create a new Heeroo Data Management System account. • use the Heeroo application for commercial purposes, including for commercial time-sharing or otherwise to provide services to third parties. • receive, distribute, use, or review any source code or design documentation related to the Heeroo application, except and only to the extent required by applicable law. The license granted herein does not constitute a sale of the Heeroo application or the documentation, the intellectual property rights contained therein, or any part or copy thereof. RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HEEROO. You agree to use the Heeroo application only under the conditions expressly authorized herein.

7.What rules apply to my use of the Heeroo application? • You agree to use the Heeroo application only for purposes authorized by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. • In the context of the Heeroo application, you must NOT:

publish, transmit, or make available through or in connection with the Heeroo application any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each a "Virus");
use the Heeroo application for commercial purposes, or for fraudulent or otherwise wrongful or illegal purposes;
interfere with or disrupt the operation of the Heeroo application or the servers or networks used to make the Heeroo application available, including by hacking or degrading any part of the Heeroo application; or violate any requirements, procedures, or policies of such servers or networks;
reproduce, modify, adapt, translate, create derivative works from, sell, lease, lease, lend, timeshare, distribute, or otherwise exploit any part of (or any use of) the Heeroo application, except as expressly authorized herein, without the express prior written consent of Heeroo;
reverse engineer, decompile, or disassemble, decode, translate, modify, create derivative works from, access the source code, convert the non-human readable elements into a human-readable form, modify or adapt (or authorize or facilitate third parties in any of the aforementioned activities) the Heeroo application, any update thereof, or any part thereof, except and only to the extent required by applicable law;
remove any copyright, trademark, or other proprietary rights notices from the Heeroo application;
frame or mirror any part of the Heeroo application, or otherwise incorporate any part of the Heeroo application into a product or service, without the express prior written consent of Heeroo; or attempt in any way to remove or circumvent any technical protection measure protecting the integrity of Heeroo
application and the intellectual property rights of the Heeroo application against misappropriation, nor apply or manufacture for sale or lease, import, distribute, sell or lease for hire, offer or expose for sale or for hire, advertise for sale, lease or have in your possession for private or commercial purposes any means whose sole purpose is to facilitate the unauthorized removal or circumvention of these technical protection measures.

8.What will happen if there are updates to the Heeroo application? From time to time, updates to the Heeroo application may be available through the app store provider. Depending on the update, you may not be able to use the Heeroo application until you have downloaded the latest version of the Heeroo application and accepted any new conditions that may apply. To use a version of the Heeroo application identified as an upgrade by Heeroo, you must first have a license to use the original version of the Heeroo application that has been identified by Heeroo as eligible for the upgrade. After the upgrade, you may no longer use the version of the Heeroo application that served as the basis for your eligibility for the upgrade, and the upgraded software will be considered the Heeroo application licensed under this agreement; This agreement applies to all updates or supplements to each version of the Heeroo application, unless Heeroo provides other terms with the update or supplement. In the event of a conflict between this Agreement and other terms provided with respect to updates or supplements, those other terms shall prevail. This Section 8 does not require Heeroo to provide new features and functionalities priced separately by Heeroo nor any future products.

9.How does the Heeroo application work? The Heeroo application is a mobile social networking application that invites users to tell their story or share a project through photos & short videos and get the support of a community. Heeroo is the first social commerce platform dedicated to protecting mental health.

10.What are the registration procedures associated with using the Heeroo application? You may create a Heeroo Data Management System account, or if your version of the Heeroo application allows, you may use the Heeroo application without creating an account, where all information will be stored temporarily locally on your mobile device. When you use the Heeroo application without an account, we collect personal information if you request customer support, share system troubleshooting/diagnostic data, and use cookies on our websites. Please refer to the privacy policy for more information on how we collect, protect, store, disclose, and in some cases, transfer your personal information. If you do not create an account or if you log out of your account, the functionalities of the Heeroo application will be limited. You will not be able to share your information with family members, friends by inviting them to use the Heeroo application, and your other information will not be saved nor stored in Heeroo for you to review historical data or to share your information via Heeroo. All your personal information will only be stored locally on your mobile device and encrypted on Canadian servers in the Heeroo application and analysis systems. If you log out of your account, you can log back into the Heeroo application with the same account at any time to resume all functionalities, store and save data, and share your information with your family, friends.

Collection and use of personal information: For users of the Heeroo application who do not create a Heeroo account, we process your personal information as follows:

• To help us resolve any technical issues when you use the Heeroo application when you contact us and share your system troubleshooting/diagnostic data, including health information, via the Heeroo application and to perform broader analysis to detect systemic issues; To facilitate the initial connection between the Heeroo application and your sensor via Bluetooth by enabling Google location services if you own an Android device. For users of the Heeroo application with Android.

• Android devices require the granting of location services permissions in order to connect applications with Bluetooth devices. Google location services include features that collect precise user location data, including GPS signals, device sensors, Wi-Fi access points, and cell tower identifiers. These data will be collected by Google if a user allows access to their location. For more information on Google's privacy practices regarding these data, please consult the Android support website. After the initial connection between the Heeroo application and a mobile device, you can choose to stop sharing location data with Google using your mobile device's settings. Heeroo will not use your personal information derived from Google's location services;

To help us analyze the performance of the Heeroo application through the use of Microsoft Azure. Heeroo utilizes Microsoft Azure to collect performance monitoring data for the Heeroo application in an aggregated and anonymized format. Performance monitoring data may include the application version, country, operating system level, device, radio, and operator. If you wish to benefit from additional features of the Heeroo application available via the Heeroo Data Management System, you will need to register a Heeroo Data Management System account. The Heeroo application serves as a gateway to create a Heeroo Data Management System account or to access a Heeroo Data Management System account you have created on www.Heeroo.com. Your Heeroo Data Management System account will store the personal information that the Heeroo application collects from you, including information related to your use of the Heeroo app. You can also access your Heeroo account on: www.Heeroo.com.

You may need to enter some of your personal information, including your name, date of birth, email address, mobile phone number ("Registration Information"), confirm your country of residence, and enter a password to create your Heeroo Data Management System. Account. You agree to provide accurate and complete information when you register and use the Heeroo Data Management System, and you agree to keep your Heeroo Data Management System account information accurate, up-to-date, and complete. You may need to change your Registration Information. Do not reveal your Registration Information to anyone else. You acknowledge and agree that the Heeroo Data Management System is designed and intended for personal use on an individual basis and you must keep your Heeroo Data Management System account and/or the details of your Registration Information confidential. You are solely responsible for maintaining the confidentiality and security of your Registration Information and for any use or misuse thereof, and Heeroo is not responsible for lost, stolen, or compromised passwords or for any activity on your Heeroo Data Management System account arising from unauthorized users or for any loss resulting from or in connection with the unauthorized use of your Heeroo Data Management System account that you cause. You must notify us promptly if you are aware of a security incident or breach affecting your Heeroo Data Management System account, including when you think your Registration Information may have been compromised. You may withdraw your consent at any time by first deleting the Heeroo application from your device, then following the steps to delete your Heeroo Data Management System account outlined in section 14 of this agreement. Once you have withdrawn your consent, we will cease processing your personal information accordingly. However, your withdrawal of consent does not affect our processing of your personal information that has already begun or finished based on your prior consent or authorization. Minors under the age of 14 may not consent to the collection and use of their personal information without the consent of their guardians. If we discover that personal information from a minor under the age of 14 has been collected without the consent of their guardian, we will attempt to delete the concerned data as soon as possible.

If you withdraw your consent, you will not be able to use the Heeroo application and the Heeroo Data Management System and, therefore, withdrawal of your consent will also be treated as your withdrawal from this agreement. Minors under the age of 18 may not consent to the collection and use of their personal data without the consent of their guardians. If we discover that personal data from a minor under the age of 18 has been collected without the consent of their guardian, we will attempt to delete the concerned data as promptly as possible.

11.What rules apply to the use of my Heeroo Data Management System account? Your Heeroo Data Management System account will be subject to your agreement and adherence to all terms and conditions of this Agreement. You agree to use the Heeroo Data Management System only as expressly authorized by this agreement and only to the extent permitted by any applicable law, regulation, or generally accepted practice within the relevant jurisdiction.

Heeroo and its affiliates and suppliers retain all rights, title, and interest in and to the Heeroo Data Management System. If your use of the Heeroo Data Management System or any other behavior intentionally or unintentionally threatens Heeroo's ability to provide the Heeroo Data Management System, Heeroo is entitled to take all reasonable measures to protect the Heeroo Data Management System, which may include suspending your access to the Heeroo Data Management System or terminating your Heeroo Data Management System account. Nothing in this agreement shall be construed as granting you any interest, title, or license in a Heeroo Data Management System account or any similar resource that you use in connection with the Heeroo Data Management System. You agree not to reproduce, copy, duplicate, sell, resell, lease, or exchange the Heeroo Data Management System (or any part thereof) for any purpose. To the extent that you choose to access and use the Heeroo Data Management System, you do so on your own initiative and are responsible for compliance with all applicable laws. All data transmitted or stored by you within the Heeroo Data Management System is based solely on data and other information provided by you or third parties. Heeroo makes no representation or warranty regarding the accuracy, completeness, reliability, or timeliness of the data provided by you or third parties, or any content generated by the data stored by you in the Heeroo Data Management System. In particular, Heeroo does not represent or warrant that any information based on such data will comply with governmental regulations requiring the disclosure of information.

You agree NOT to use the Heeroo Data Management System to: • upload, send by email, transmit, store, or make available in any other way illegal, harmful, wrongful, privacy-invasive, or otherwise objectionable data; • pretend to be someone you are not or misrepresent who you are, your age, or falsely represent your affiliation with a person or use the Heeroo application to connect to a sensor that was started by someone else or collect data from a sensor that another is wearing for the purpose of transmitting their data to your Heeroo Data Management System account. Heeroo reserves the right to reject or block any account or email address from the Heeroo Data Management System that could be considered as identity theft or a misrepresentation of your identity, or a misappropriation of the name or identity of another person, or has been used to misappropriate the data of another user; • engage in a violation of intellectual property rights (including downloading any content that you do not have the right to download), or disclose trade secrets or confidential information in violation of a confidentiality, employment, or non-disclosure agreement; • post, send, transmit or otherwise make available any unauthorized emails, spam, or chain letters, including, but not limited to, unsolicited mass commercial advertisements and informational announcements; • upload, post, email, transmit, store, or make available any material containing viruses or any other computer code, files, or programs designed to harm, interfere with, or limit the normal operation of the Heeroo Data Management System (or any part thereof), or any other software or computer hardware; • interfere with or disrupt the Heeroo Data Management System (including accessing the Heeroo Data Management System through any automated means, such as scripts or web crawlers), or any server or network connected to the Heeroo Data Management System, or any policy, requirement, or regulation of networks connected to the Heeroo Data Management System (including any unauthorized access, use, or monitoring of data or traffic thereon); • collect, store, or download personal information, including health information, about any person using the Heeroo application without having received their prior consent or without otherwise being authorized to do so, for example, if you are a caregiver or healthcare professional; • reverse engineer, decompile, disassemble, decode, create derivative works from, access the source code, or modify the Heeroo Data Management System, except and only to the extent permitted by applicable law; and/or • collect, store, or download personal information, including health information, about any other user of the Heeroo Data Management System or any person using a sensor as part of any of the prohibited activities listed above.

12.What is the availability of the Heeroo Data Management System? The Heeroo Data Management System, or any functionality or part of it, may not be available in all languages or in all countries, and Heeroo makes no representation that the Heeroo Data Management System, or any functionality or part of it, is appropriate or available for use in any particular location.

13.Data Transmission License. Heeroo does not claim ownership of the data you transmit or submit to the Heeroo Data Management System. By disclosing your personal information to Heeroo, you grant a worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, and translate such data for the purpose of providing you with the Heeroo Data Management System. Heeroo may create, access, store, use, or disclose to third-party researchers aggregated, anonymized (or pseudonymized to the extent permitted by Canadian law) data derived from the Heeroo Data Management System for research purposes, to evaluate how the Heeroo Data Management System is provided, to assess its usage and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to improve the operation of the Heeroo Data Management System and questionnaires, to validate system upgrades, or for product development. You agree that this license allows Heeroo to take such actions.

14.How can I delete my Heeroo Data Management System account? You can delete your Heeroo Data Management System account at any time. You must first delete the Heeroo application from your mobile device, then contact Heeroo customer service at info@heeroo.com to inform them of your desire to terminate your participation. Your Heeroo Data Management System account and all information, including personal and health-related information stored in your Heeroo Data Management System account, will be deleted upon receipt and processing of your deletion request, unless there is a contractual or legal obligation to retain your information in our databases. Please note that processing your request may take up to 72 hours. A person who has the actual authority to legally bind another user may request the deletion of the other user's Heeroo Data Management System account. For individual users, please note that if your healthcare provider has created their own account in the Heeroo Data Management System and created a patient profile specific to you, deleting your Heeroo Data Management System account may have no effect on the healthcare provider's account or patient profile. Heeroo is not responsible for the retention/storage or backup of your Heeroo Data Management System account. You are solely responsible for the retention/maintenance/storage, and backup (electronic and/or on paper) of the data you wish to keep. Heeroo is not responsible for unauthorized access, use, or alteration of your information. If you email, back up, take a screenshot of your account information, or share your personal information or reports with third parties, these details may not be encrypted, and Heeroo will have no ability to manage the confidentiality or security of such information. You should take whatever steps you deem appropriate to protect the security of this information. Unless otherwise provided by law, you agree that your Heeroo Data Management System account is not transferable and any right to have a Heeroo Data Management System account or any data stored in the Heeroo Data Management System terminates upon your death. Upon receipt of a copy of a death certificate, your Heeroo Data Management System account may be terminated, and all the data it contains deleted. Email info@heeroo.com for more information.

15.How can this Agreement be terminated? This agreement takes effect upon your acceptance of this agreement and will continue unless terminated. You may delete the Heeroo application at any time and may request Heeroo to delete your Heeroo Data Management System account as described in section 14 at any time. This agreement will be terminated immediately and without further notice if you breach and/or fail to comply with any term or condition of this agreement. Heeroo may also terminate or suspend this agreement at any time and without notice, for any reason, including if Heeroo believes that you have violated or acted inconsistently with the letter or spirit of this agreement. Heeroo may terminate its provision of support for the Heeroo application and the Heeroo Data Management System if you choose to stop using them, or at any time if the products are no longer offered. Upon termination or suspension of this Agreement:

• You must immediately cease all activities authorized by the Agreement. You will no longer be able to use the Heeroo application, including any use of the Heeroo application to access the data you store in the Heeroo Data Management System. • Heeroo may, without liability to you or any third party, immediately suspend, disable, or terminate your Heeroo Data Management System account, your registration information, and all related documents, without any obligation to provide further access to such documents. • You must cease using and uninstall and destroy all copies of the Heeroo application and documentation; and • all rights granted under this Agreement, including licenses, will cease.

16.How can this agreement be updated? We may modify this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised agreement on your screen the next time you use the Heeroo application, and asking you to read, explicitly consent to, and accept them to continue your use of the Heeroo application. If accepted, these terms would take effect immediately but would not apply to any dispute between you and Heeroo that arose before the date we posted the revised agreement incorporating such changes, or otherwise notified you of such changes. In the event that you refuse to accept such changes, we reserve the right to terminate this agreement, your use of the Heeroo application, and your Heeroo Data Management System account. You agree that Heeroo is not liable to you or any third party for any modification or cessation of the Heeroo Data Management System. Changes will be deemed accepted by you unless you notify Heeroo in writing or using electronic means agreed upon by Heeroo. We will draw your attention to this fact when changes are announced. If you decide to object to a change, you must do so within six (6) weeks after receiving the notice of the change. Changes will be considered accepted by you unless you notify Heeroo in writing or using electronic means agreed upon by Heeroo. In case of objection, Heeroo may terminate your Heeroo Data Management System account with four weeks' notice.

17.How to request help or file a complaint? Support for the Heeroo app: Free technical support is available for the Heeroo app. Assistance and customer support are available at: info@heeroo.com. If your request concerns the Heeroo Data Management System, you will be transferred to the appropriate part. Heeroo reserves the right at any time to discontinue, cancel, or modify the technical support provided. Uninstalling the Heeroo app and/or deleting data will result in the loss of all historical data.

• Support for the Heeroo Data Management System: Free technical support for the Heeroo Data Management System is also available at: info@heeroo.com. Inquiries will be addressed to the appropriate support teams.

18.What happens to the feedback I provide for receiving help? All data, feedback, or documents that you provide via the Heeroo Data Management System or provide to receive support for the Heeroo app or the Heeroo Data Management System, including feedback data such as questions, comment suggestions, or similar ("Feedback"), are deemed non-confidential and non-exclusive. Heeroo will have no obligations of any kind with respect to such feedback and will be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works from, and distribute the feedback to others without limitation, except for health information and personal information that might be included in the feedback but are subject to section 13 ("License for Transmitted Data") of this agreement. Moreover, Heeroo will be free to use any ideas, concepts, know-how, or techniques contained in such feedback for any purpose, including developing, manufacturing, and marketing products incorporating such feedback.

19.What data is collected in the event of a crash of the Heeroo app? Heeroo uses service providers to report crashes of the Heeroo app or certain scanning errors so that we can support and improve the Heeroo app. This software is integrated into the Heeroo app. If the Heeroo app crashes or encounters certain scanning errors during normal use, the Heeroo app will send certain information about the incident to Heeroo and the provider. Some of the information that Heeroo receives in order to resolve any issues with the Heeroo app may include your personal information or may be connected to your personal information. To the extent such information is received, Heeroo will always comply with applicable laws.

20.Our disclaimer of warranty. The Heeroo app is provided to enable you to connect with other users in a controlled environment, to communicate and receive information, etc., on your mobile device, to store said data on your mobile device, and to transmit your data to the Heeroo Data Management System. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE HEEROO APP AND THE HEEROO DATA MANAGEMENT SYSTEM IS AT YOUR OWN RISK AND THAT YOU ASSUME ALL RISKS REGARDING QUALITY, PERFORMANCE, ACCURACY, AND SATISFACTORY EFFORT. The Heeroo app is not intended to be used on a mobile device that has been modified or customized to remove, replace, or bypass the core, system configuration, or use approved by the manufacturer.

Restrictions, or that violates the manufacturer's warranty. Using the Heeroo application may impair the operation of other software and devices. All content created for, or included in, the Heeroo application is intended to provide information to enable data analysis and to enhance your experience with more intuitive navigation, better content personalization presented to you, and improved quality of your experience on the platform. THE HEEROO APPLICATION IS NOT INTENDED FOR USE IN OR FOR THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE OR SERVICES, NOR IS IT INTENDED TO PROVIDE INDIVIDUALIZED MEDICAL SERVICES OR CARE. By providing the Heeroo application, Heeroo is not providing medical advice. Heeroo only provides the Heeroo application that you can use to share content, interact with other users, and respond to self-assessment questionnaires related to ADHD, depression, and anxiety. The provided content is not intended to replace medical advice, diagnosis, or treatment, or the individualized advice or care of a health professional. THE HEEROO APPLICATION SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL HEALTH JUDGMENT, DIRECT MEDICAL SUPERVISION, OR EMERGENCY INTERVENTION; OR FOR EMERGENCY USE OR FOR TRANSMITTING OR INDICATING ANY REAL-TIME ALARM OR CRITICAL DATA. ALL MEDICAL DIAGNOSTICS AND TREATMENTS OF A PATIENT MUST BE PERFORMED BY AN APPROPRIATE HEALTH PROFESSIONAL.

USE OF YOUR MOBILE DEVICE WITH THE HEEROO DATA MANAGEMENT SYSTEM. NEITHER HEEROO NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR ANY DIAGNOSIS, DECISION, OR EVALUATION MADE BY A USER OR FOR ANY INJURY THAT A USER MAY INCUR AS A RESULT OF ANY DECISION MADE BASED ON THE CONTENT OF THE HEEROO APPLICATION AND DOCUMENTATION.

• The Heeroo Data Management System is designed for easy access to your metabolic data and other data related to metabolic diseases. All content included in the Heeroo Data Management System is intended solely to provide information. Heeroo makes no representation, either express or implied, as to the accuracy, completeness, or timeliness of the information.

Heeroo shall in no event be liable to you for any losses resulting from errors, omissions, or delays in the transmission of information, or from interruptions in telecommunications connections to the Heeroo Data Management System. • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEEROO, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS OFFER THE HEEROO APPLICATION AND THE HEEROO DATA MANAGEMENT SYSTEM "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM VIRUS INFECTIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HEEROO OR AN AUTHORIZED REPRESENTATIVE OF HEEROO SHALL CREATE A WARRANTY. Heeroo, its affiliates, and its third-party providers do NOT warrant that the functions contained in the Heeroo application or the Heeroo Data Management System will meet your requirements or that their operation will be uninterrupted or error-free, or that defects will be corrected. Software, such as that used in the Heeroo application and the Heeroo Data Management System, is inherently subject to bugs and potential incompatibility with other computer software and hardware. You should not use the Heeroo application or the Heeroo Data Management System for applications where failure could cause significant damage or injury to people or to tangible or intangible property.

To the extent that applicable law requires Heeroo to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent required to be provided under such applicable law. • UNDER NO CIRCUMSTANCES DOES HEEROO PROVIDE ANY WARRANTY OR REPRESENTATION REGARDING ANY THIRD-PARTY MATERIAL OR SOFTWARE, OR THE ACCURACY OF DATA DISPLAYED ON THE HEEROO APPLICATION, AND HEEROO DISCLAIMS ANY LIABILITY WITH REGARD TO ANY FAILURE. HEEROO DISCLAIMS ANY LIABILITY THAT MAY ARISE FROM ACTIONS OR CLAIMS AGAINST HEEROO OR ANY OF ITS AFFILIATES, AGENTS, OR ASSIGNEES OR OTHER THIRD PARTIES THAT MAY BECOME APPLICABLE DURING THIS AGREEMENT.

While seeking to avoid prolonged downtime and significant obstacles to the use of the Heeroo application and the Heeroo Data Management System as much as possible, Heeroo does not guarantee error-free and uninterrupted operation, accessibility, and ease of use of the Heeroo Data Management System or any of the functions contained therein. Your statutory warranty rights are not affected by the above.

For major service failures, you are entitled to:  cancel your service contract with us; and  a refund for the unused paid portion, if applicable, or compensation for its reduced value.  You also have the right to choose a refund or replacement for major failures of goods, as applicable. If a failure of goods or a service does not amount to a major failure, you have the right to have the failure rectified within a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion.

21.Important Information on Liability Limitations TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

UNDER NO CIRCUMSTANCES SHALL HEEROO, ITS SUBSIDIARIES, OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER.

The above limitation extends to all damages for loss of profits, loss of data or other intangibles, loss of security of information transmitted via the Heeroo app or stored in the Heeroo Data Management System (including unauthorized interception of such information by third parties), for business interruption, for personal injury, for privacy loss arising from or in any way related to the use or inability to use the Heeroo app, the Heeroo Data Management System, or any third-party software and/or hardware used with or potentially used with the Heeroo app or the Heeroo Data Management System, for loss from any virus or other technologically harmful material that may infect your device due to your downloading of the Heeroo app or any related mobile application/hardware/website or the Heeroo Data Management System, or otherwise in connection with any provision of this Agreement, even if Heeroo, its subsidiaries, or any third-party provider has been advised of the possibility of such damages and even if the remedy fails its essential purpose.

Except for the information you share with your healthcare provider via the Heeroo Data Management System where you choose to share your personal information, including health information, from your Heeroo Data Management System account with third parties, including with third-party applications, you acknowledge and agree that, to the fullest extent permitted by law, neither Heeroo nor its business partners are responsible for your decision to share and/or disclose your personal data, including health information, and you hereby release Heeroo, its affiliates, and its business partners from any liability that may arise from third parties' collection or other processing of your personal information.
WITHOUT LIMITING THE FOREGOING AND NOTWITHSTANDING ANY LOSS YOU MAY INCUR AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF HEEROO, ITS SUBSIDIARIES, AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED TO (1) THE REPAIR, OR OTHERWISE THE RECTIFICATION OF ANY DEFECT IN THE HEEROO APP OR THE HEEROO DATA MANAGEMENT SYSTEM, EVEN IF SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED (BY THE PARTIES), OR (2) WHERE APPLICABLE, THE GREATER OF THE AMOUNTS YOU HAVE PAID FOR ACCESS TO THE HEEROO APP AND THE HEEROO DATA MANAGEMENT SYSTEM OR $10.00 CAD.

22.What are my indemnification obligations? To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Heeroo, its affiliates, and their officers, directors, employees, agents, successors, assigns, and licensors from any claims, damages, demands, liabilities, judgments, awards, losses, costs, and expenses (including attorney's and expert's fees) incurred by a third party due to or arising from, or related to (a) your use of, or activities in connection with, the Heeroo app; and (b) any breach or alleged breach of this Agreement or laws, regulations, or third-party rights, including any violation of their copyright or intellectual property rights by You or others in Your household or organization or otherwise in connection with you or their use of the Heeroo app or the Heeroo Data Management System, including acts of negligence, omissions, and willful misconduct.

23.What law governs this contract? Notwithstanding the foregoing, in the event of a breach or threat of breach of your obligations regarding confidentiality or intellectual property, Heeroo is entitled to equitable relief, including in the form of an injunction, specific performance, and any other remedy that may be available from any competent court. You agree that this Agreement shall be fully enforceable, and You agree that jurisdiction and venue are appropriate in the state and federal courts located in the Province of Quebec, City of Montreal, regarding any proceedings arising from this agreement or the relationship between the parties herein. The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement.

24.Entire Agreement This Agreement constitutes the entire agreement between you and Heeroo regarding the Heeroo app and the Heeroo Data Management System and supersedes all prior or contemporaneous oral or written communications, proposals, and representations between you and Heeroo regarding the Heeroo app, the Heeroo Data Management System, or any other subject covered by this Agreement. In the event of a conflict between the French version and any non-French version of this Agreement, the French version shall prevail. Articles 5, 13, 14, 20, 21, 22, and 24-28 shall survive the termination of this Agreement.

25.Apple-Specific Terms if you use the iOS version of the Heeroo app. In addition to the other terms and conditions of this agreement, and notwithstanding any contrary provisions herein, this provision applies to your use of any version of the Heeroo app compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this agreement and does not own and is not responsible for the Heeroo app. Apple provides no warranty for the Heeroo app, except, where applicable, to refund the purchase price of it. Apple is not responsible for maintenance or other support services for the Heeroo app and will not be responsible for other claims, losses, liabilities, damages, costs, or expenses concerning the Heeroo app, including third-party product liability claims, claims that the Heeroo app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or claims related to the use of the Heeroo app, including those related to intellectual property rights, should be directed to Heeroo in accordance with Section 17 ("How can I request assistance or file a complaint?") of this Agreement. The license granted herein is limited to a non-transferable license to use the Heeroo app on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or otherwise permitted by the usage rules set forth in the App Store Terms of Service of Apple. Moreover, you must comply with the terms of any third-party agreement applicable to you when using the Heeroo app, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Heeroo's right to enter into, cancel, or terminate any variation, waiver, or settlement under this Agreement is not subject to the consent of any third party.

26.Additional Legal Notices

This agreement does not create, and should not be interpreted to create, a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Heeroo.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our prior express written consent.
We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.
No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or its variants in this Agreement shall be construed as if followed by the phrase "without limitation."
Notices to you (including notices of changes to this agreement) may be made via posting on the Heeroo app or by email (including in each case via links) or by regular mail. Without limitation, a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Heeroo will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

If a provision of this Agreement is deemed by a competent court to be contrary to law, that provision will be modified and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this agreement will remain in effect and in full force.

27.What does clicking on the "Accept" button mean? YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS TERMS AND CONDITIONS AND AGREE TO BE BOUND BY IT. BY CLICKING ON THE “ACCEPT” BUTTON OR BY USING OR ACCESSING THE HEEROO APP AND WEBSITE:

YOU WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT;
YOU INDICATE THAT YOU INTEND THAT YOUR ACT OF CLICKING AS A MEANS OF SIGNING THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE;
YOU WARRANT THAT IF YOU ARE INSTALLING, USING, OR ACCESSING THE HEEROO APP AND WEBSITE ON BEHALF OF ANOTHER PERSON, YOU HAVE THE ACTUAL AUTHORITY TO LEGALLY BIND THAT PERSON TO THIS AGREEMENT.
IF YOU ARE AN INDIVIDUAL INSTALLING, USING, OR ACCESSING THE HEEROO APP AND WEBSITE ON BEHALF OF OR FOR THE BENEFIT OF AN ORGANIZATION, THEN YOU AGREE TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION TO THIS AGREEMENT.
IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE ACCEPT BUTTON AND DO NOT USE THE HEEROO APP OR WEBSITE.

Terms and conditions

END-USER LICENSE AGREEMENT AND TERMS OF USE

Version Date: January 2022