BIB LICENSED APPLICATION END USER LICENSE AGREEMENT

Acknowledgement: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Breathwork In Bed (“Licensor”) for the use of the Breathwork In Bed mobile application (“Licensed Application”). By installing, accessing, or using the Licensed Application, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not install or use the Licensed Application.

Scope of License: Licensor grants to you a non-transferable, non-exclusive license to use the Licensed Application on any Apple-branded or Android products that you own or control and as permitted by the Usage Rules set forth in the App Store or Google Play Store Terms of Service. This license does not allow you to use the Licensed Application on any device that you do not own or control.

Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. Licensor and the end-user acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

Warranty: Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple or Google, and they will refund the purchase price for the Licensed Application to you; and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Licensed Application.

Product Claims: Licensor and the end-user acknowledge that Licensor, not Apple or Google, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights: Licensor and the end-user acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Licensor, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address: Breathwork In Bed, 38 Callaghan Way Capalaba, phone +61 0423 082 481, email [email protected]

Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Licensed Application (e.g., your wireless data service agreement).

Third Party Beneficiary: Apple, Google, and their subsidiaries are third party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple or Google (as applicable) will have the right to enforce the EULA against you as a third party beneficiary thereof.

User-Generated Content: Any content you create, transmit, or display while using the Licensed Application is your sole responsibility. You agree not to use the Licensed Application for any unlawful purposes or to transmit any material that is offensive, inappropriate, or violates any applicable laws.

Privacy: Your use of the Licensed Application is subject to Licensor’s Privacy Policy, which is incorporated into this EULA by reference.

Termination: This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this EULA.

External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites. You agree to use these services at your own risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party services and shall not be liable for any such third-party services.

Limitation of Liability: To the extent not prohibited by law, in no event shall Licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application.

Governing Law: This EULA and your use of the Licensed Application are governed by the laws of Queensland Australia, without regard to its conflict of laws provisions.

By using the Breathwork In Bed App, you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions.