End User License Agreement

This End User License Agreement ("EULA") is a binding legal agreement between you and The Brewz LLC, doing business as F33LZ ("F33LZ," "Company," "we," "us," or "our"), governing your download, installation, access to, and use of the F33LZ mobile application, including all updates, upgrades, patches, bug fixes, documentation, content, features, functionality, and related services made available by us through the application, except to the extent governed by a separate written agreement (collectively, the "Licensed Application").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE LICENSED APPLICATION.

IF YOU ARE USING THE LICENSED APPLICATION ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THIS EULA, AND "YOU" INCLUDES THAT ENTITY.

THIS EULA CONTAINS IMPORTANT TERMS, INCLUDING WARRANTY DISCLAIMERS, LIABILITY LIMITATIONS, A MANDATORY BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You may use the Licensed Application only if you are at least 18 years old and are otherwise legally capable of entering into a binding contract. By using the Licensed Application, you represent and warrant that you meet these requirements.

2. Relationship to Other Agreements

Your use of the Licensed Application is also subject to our Privacy Policy and Terms of Service, each as updated from time to time and incorporated into this EULA by reference to the fullest extent permitted by law. If there is a conflict between this EULA and the Terms of Service regarding software license terms, this EULA controls as to the software license only. In all other cases, the Terms of Service control.

3. License Grant

Subject to your strict compliance with this EULA, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one copy of the Licensed Application, in object code form only, on a device that you own or control, solely for your personal, lawful, non-commercial use and solely in accordance with this EULA and any applicable usage rules imposed by the app marketplace or platform provider from which you obtained the Licensed Application.

This is a license, not a sale. The Licensed Application is licensed, not sold, to you. Except for the limited rights expressly granted in this EULA, we reserve all rights, title, and interest in and to the Licensed Application and all related intellectual property and proprietary rights.

4. License Restrictions

You shall not, and shall not permit any third party to:

• copy, reproduce, republish, modify, adapt, translate, or create derivative works of the Licensed Application;
• sell, resell, rent, lease, lend, sublicense, distribute, assign, transfer, or otherwise make the Licensed Application available to any third party;
• reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or otherwise attempt to discover the source code, structure, ideas, or algorithms of the Licensed Application, except to the limited extent such restriction is prohibited by applicable law;
• remove, alter, obscure, or destroy any copyright, trademark, proprietary, or other notices included in or with the Licensed Application;
• bypass, disable, interfere with, or circumvent any encryption, digital rights management, authentication, usage rules, security feature, technical protection measure, access control, rate limit, or other protective mechanism of the Licensed Application;
• access or use the Licensed Application to build or support, directly or indirectly, any competing product, service, model, dataset, feature, or platform;
• use any robot, scraper, crawler, spider, bot, or other automated means to access, extract, harvest, or collect data from the Licensed Application except as expressly authorized by us in writing;
• use the Licensed Application for any unlawful, fraudulent, abusive, harassing, defamatory, obscene, infringing, deceptive, harmful, or unauthorized purpose;
• use the Licensed Application in any manner that could damage, disable, overburden, impair, disrupt, or interfere with the Licensed Application, our systems, or any third party's systems;
• upload, transmit, or introduce any malware, spyware, ransomware, viruses, Trojan horses, worms, harmful code, or other malicious or technologically harmful material;
• use the Licensed Application to train, fine-tune, benchmark, validate, or improve any third-party artificial intelligence model, machine learning system, speech model, sentiment model, recommendation engine, or dataset without our prior written consent;
• access the Licensed Application from or use it in violation of export controls, sanctions laws, or applicable regulations; or
• use the Licensed Application other than as expressly permitted by this EULA.

5. Account and Security

Certain features of the Licensed Application may require an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss arising from unauthorized access to your account unless caused by our violation of applicable law.

6. Updates, Changes, and Availability

We may, at any time and without liability, deploy updates, upgrades, patches, bug fixes, modifications, feature changes, or new versions of the Licensed Application. These may alter or remove features, functionality, or content. We may require you to install updates as a condition of continued use. We do not guarantee that the Licensed Application, or any feature, content, or archive within it, will be available at all times or continue to be available in its current form.

7. User Content and Data

The Licensed Application may permit you to create, upload, record, submit, transmit, store, display, or share voice recordings, transcripts, text, posts, messages, profile information, comments, reactions, images, and other materials ("User Content").

You retain whatever rights you may have in your User Content, subject to the rights you grant us. You are solely responsible for all User Content and for your conduct through the Licensed Application. You represent and warrant that:

• you own or control all rights necessary to provide the User Content and to grant the rights described in this EULA;
• your User Content and use of the Licensed Application do not violate any law, regulation, or third-party right;
• your User Content is not unlawful, defamatory, invasive of privacy, infringing, fraudulent, abusive, or otherwise objectionable; and
• your User Content does not contain harmful code or security threats.

8. License to User Content

By submitting or making User Content available through the Licensed Application, you grant to us and our affiliates, service providers, contractors, vendors, partners, successors, and assigns a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, cache, copy, transcribe, reproduce, modify, adapt, process, analyze, use, display, perform, distribute, communicate, create derivative works from, and otherwise exploit that User Content as reasonably necessary to:

• operate, provide, maintain, secure, support, improve, develop, test, and troubleshoot the Licensed Application and related services;
• generate transcripts, metadata, classifications, themes, sentiment scores, emotional tags, recommendations, archives, rankings, summaries, moderation decisions, and other outputs;
• provide discovery, archive, community, personalization, encouragement, recommendation, and support-related features;
• perform research, analytics, quality assurance, product development, safety monitoring, fraud detection, and system administration;
• fulfill transactions or user requests; and
• exercise our rights and perform our obligations under this EULA, our Privacy Policy, and our Terms of Service.

To the fullest extent permitted by law, you acknowledge and agree that metadata, usage data, analytics, logs, inferred data, classifications, sentiment outputs, emotional labels, themes, rankings, support-need categories, de-identified data, aggregate data, derived data, and model-related outputs generated from or relating to your use of the Licensed Application may be used, owned, licensed, disclosed, commercialized, and otherwise exploited by us for lawful business purposes.

9. Privacy; Voice; Sensitive Data; AI Processing

The Licensed Application may collect, process, store, and analyze highly personal information, including voice recordings, transcripts, emotional expressions, inferred themes, and behavioral patterns. Your use of the Licensed Application is subject to our Privacy Policy.

By using the Licensed Application and submitting User Content, including voice recordings and transcripts, you expressly consent, to the fullest extent permitted by law, to the collection, use, storage, retention, disclosure, transfer, analysis, and processing of your information as described in our Privacy Policy and related in-app disclosures.

You acknowledge that:

• voice recordings may contain highly personal or sensitive information;
• the Licensed Application may use automated tools, algorithms, machine learning, and artificial intelligence to transcribe, classify, analyze, organize, rank, summarize, and generate outputs from User Content;
• such outputs may be subjective, inferential, incomplete, inaccurate, offensive, or unsuitable for your circumstances; and
• you are solely responsible for what you choose to record, submit, upload, post, or share.

10. Not Medical, Therapeutic, or Emergency Use

The Licensed Application is not a medical device and does not provide medical treatment, diagnosis, prevention, monitoring, psychiatric care, counseling, therapy, crisis intervention, or emergency services. We are not a doctor, therapist, psychologist, psychiatrist, hospital, insurer, or healthcare provider.

Any transcript, insight, trend, classification, recommendation, summary, match, support output, or other information generated by the Licensed Application is for informational, reflective, or general wellness purposes only and is not professional advice of any kind.

You must not rely on the Licensed Application for medical, mental health, safety, legal, financial, relationship, or employment decisions.

If you believe you may harm yourself or others, or you are experiencing an emergency, call 911 or your local emergency services immediately.

11. Community Features and Third-Party Conduct

The Licensed Application may include community, discovery, recommendation, messaging, group, social, or interaction features. We do not control, endorse, guarantee, or assume responsibility for any user-generated content, other users' conduct, or any interaction between users. You interact with other users and with community content at your own risk.

We reserve the right, but not the obligation, to monitor, review, moderate, remove, restrict, demote, preserve, or disclose any content, account, or activity at any time, with or without notice, for any reason or no reason.

12. Ownership

The Licensed Application, including all software, code, interfaces, structures, designs, compilations, databases, content, branding, logos, text, graphics, audiovisual materials, and all intellectual property rights therein, are and shall remain our sole property or the property of our licensors. Except for the limited license expressly granted to you in this EULA, no right, title, or interest is granted to you.

13. Feedback

If you provide ideas, concepts, suggestions, comments, improvements, bug reports, or other feedback regarding the Licensed Application ("Feedback"), you grant us a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up right and license to use, reproduce, modify, adapt, publish, distribute, commercialize, and otherwise exploit the Feedback for any purpose, without compensation, attribution, or restriction.

14. Third-Party Services and App Stores

The Licensed Application may interoperate with or contain links to third-party services, websites, software, content, or tools. We do not control and are not responsible for third-party services. Your use of third-party services is at your own risk and subject to their terms and policies.

If you obtained the Licensed Application through a third-party app store or platform, including Apple's App Store, you acknowledge that:

• this EULA is between you and us, not the app store provider;
• the app store provider is not responsible for the Licensed Application or its content;
• the app store provider has no obligation to provide maintenance or support for the Licensed Application;
• to the maximum extent permitted by law, the app store provider has no warranty obligation regarding the Licensed Application;
• the app store provider may be a third-party beneficiary of this EULA where applicable and may enforce this EULA against you; and
• you must comply with all applicable third-party terms when using the Licensed Application.

15. Export Controls and Sanctions

You may not use, export, re-export, release, or transfer the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. You represent and warrant that you are not located in, under the control of, or a national or resident of a restricted country or territory, and that you are not on any sanctions or denied-party list.

16. Termination

This EULA is effective until terminated. We may suspend, restrict, disable, or terminate this EULA, your account, your access to the Licensed Application, or any feature of the Licensed Application at any time, with or without notice, for any reason or no reason, including if we believe you violated this EULA or your use creates risk, liability, or harm.

Upon termination:

• the license granted to you immediately ends;
• you must cease all use of the Licensed Application and delete all copies in your possession or control;
• we may delete or disable your account and User Content, subject to our Privacy Policy and applicable law; and
• all provisions that by their nature should survive termination shall survive, including ownership, license rights, disclaimers, limitations of liability, arbitration, indemnification, and governing law.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LICENSED APPLICATION, ALL CONTENT, ALL FEATURES, ALL OUTPUTS, ALL AI-GENERATED MATERIALS, ALL COMMUNITY FEATURES, AND ALL RELATED SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND.

WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, QUALITY, OR THAT THE LICENSED APPLICATION WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

• THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• THE LICENSED APPLICATION WILL ALWAYS BE AVAILABLE, TIMELY, SECURE, OR ERROR-FREE;
• ANY STORED DATA, TRANSCRIPT, ARCHIVE, ACCOUNT INFORMATION, OR USER CONTENT WILL ALWAYS BE AVAILABLE, ACCURATE, OR RECOVERABLE;
• ANY AUTOMATED OR AI OUTPUT WILL BE ACCURATE, OBJECTIVE, FAIR, NON-BIASED, COMPLETE, OR FIT FOR YOUR PURPOSES; OR
• ANY DEFECTS WILL BE CORRECTED.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, MEMBERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, VENDORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE LICENSED APPLICATION, THIS EULA, USER CONTENT, THIRD-PARTY CONDUCT, COMMUNITY FEATURES, OR ANY OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE LICENSED APPLICATION OR THIS EULA SHALL NOT EXCEED THE GREATER OF: (a) THE AMOUNT YOU PAID US, IF ANY, FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (US $100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Release

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND DISCHARGE US AND OUR AFFILIATES, MEMBERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, VENDORS, SUCCESSORS, AND ASSIGNS FROM ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, RIGHTS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO: (a) YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION; (b) USER CONTENT OR CONTENT PROVIDED BY OTHER USERS; (c) COMMUNITY FEATURES, GROUPS, RECOMMENDATIONS, OR OTHER USER INTERACTIONS; (d) YOUR RELIANCE ON THE LICENSED APPLICATION OR ANY OUTPUTS; OR (e) THIRD-PARTY SERVICES OR PROVIDERS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 AND ANY SIMILAR LAW TO THE FULLEST EXTENT PERMITTED BY LAW.

20. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, members, owners, managers, directors, officers, employees, contractors, agents, licensors, service providers, vendors, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to:

• your use of the Licensed Application;
• your User Content;
• your violation of this EULA, our Privacy Policy, or our Terms of Service;
• your violation of any law or third-party right;
• your misuse of the Licensed Application or any output; or
• your fraud, negligence, willful misconduct, or unlawful conduct.

We reserve the right, at your expense to the extent permitted by law, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense.

21. Informal Dispute Resolution

Before starting arbitration or filing a claim, you and we agree to first attempt to resolve the dispute informally. The party initiating the dispute must send a written notice describing the claim, the facts, the requested relief, and sufficient information to identify the relevant account.

Notices to us must be sent to:

The parties agree to attempt informal resolution for at least sixty (60) days after receipt of a complete notice before initiating arbitration, unless this delay is not permitted by law or temporary emergency relief is necessary.

22. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS EXPRESSLY PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS EULA, THE LICENSED APPLICATION, YOUR ACCOUNT, USER CONTENT, PRIVACY, DATA PROCESSING, PURCHASES, OR THE RELATIONSHIP BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT.

This arbitration agreement is governed by the Federal Arbitration Act.

A. Administrator and Rules

The arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules and, where applicable, any mass-arbitration supplementary procedures then in effect, except as modified by this EULA.

B. Scope

This arbitration agreement applies broadly to all claims, whether based in contract, tort, statute, fraud, misrepresentation, negligence, strict liability, or any other legal theory, and whether arising before, on, or after your acceptance of this EULA.

C. Individual Only

You and we agree that all disputes shall be brought only in an individual capacity and not as a plaintiff, claimant, class member, or representative in any class, collective, coordinated, consolidated, private attorney general, or representative proceeding, except to the extent such waiver is prohibited by law.

D. Small Claims Court

Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies and remains on an individual, non-class basis.

E. Fees

Arbitration fees shall be governed by the applicable AAA rules and applicable law. Each party shall bear its own attorneys' fees and costs except as otherwise provided by law, this EULA, or the arbitrator. If the arbitrator determines that a claim or demand is frivolous, brought for an improper purpose, or asserted in bad faith, the arbitrator may award fees and costs to the fullest extent permitted by law and the applicable rules.

F. Remote Proceedings

Unless otherwise required by applicable law or AAA rules, arbitration may be conducted by video, telephone, written submissions, or other efficient remote means.

G. Arbitrator Authority

The arbitrator shall have authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, except to the extent a court must decide such issue under applicable law.

H. Confidentiality

To the fullest extent permitted by law, the parties shall maintain the confidentiality of the arbitration proceeding and award except as necessary to prepare for or conduct the proceeding, seek court relief, enforce an award, or comply with legal obligations.

I. Opt-Out

You may opt out of this arbitration agreement by sending a written opt-out notice within thirty (30) days after you first accept this EULA. Your notice must include your full name, address, email, username if any, and a clear statement that you wish to opt out of arbitration. Send it to [email protected] with the subject line "Arbitration Opt-Out." If you opt out, the rest of this EULA remains in effect.

J. Exceptions

Nothing in this Section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction where necessary to prevent immediate and irreparable harm, or from bringing claims that cannot legally be subject to pre-dispute arbitration.

K. Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT INSTEAD OF ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

23. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

24. Time Limit to Bring Claims

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE LICENSED APPLICATION OR THIS EULA MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED, EXCEPT TO THE EXTENT THIS LIMITATION IS PROHIBITED BY LAW.

25. Governing Law

This EULA and any dispute arising out of or relating to this EULA or the Licensed Application shall be governed by the laws of the State of Colorado and applicable federal law, without regard to conflict-of-law rules, except where preempted or prohibited by applicable law.

26. Severability

If any provision of this EULA is held unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

If any part of the arbitration or class waiver provisions is found unenforceable with respect to a particular claim or remedy, that claim or remedy shall be severed and proceed in a court of competent jurisdiction, and the remainder of the arbitration and class waiver provisions shall remain enforceable to the fullest extent permitted by law.

27. Assignment

You may not assign, transfer, delegate, or sublicense this EULA or any rights or obligations under it without our prior written consent. We may assign, transfer, or delegate this EULA, in whole or in part, without restriction.

28. No Waiver

Our failure to enforce any provision of this EULA shall not constitute a waiver of that provision or any other provision.

29. Entire Agreement

This EULA, together with our Privacy Policy, Terms of Service, and any additional terms presented to you for specific features, purchases, or services, constitutes the entire agreement between you and us regarding the Licensed Application and supersedes all prior or contemporaneous understandings relating to it.

30. Contact Information

If you have questions regarding this EULA, contact us at: