This End User License Agreement (“EULA”) is a binding legal agreement between you (“End User”, “you”) and Innovation Semperform Inc. (“Semperform”, “we”, “us”) governing your use of the Hurtblocker mobile application and related software (the “App”). This EULA applies in addition to the Hurtblocker.com Terms of Use. In the event of a conflict, the Terms of Use govern matters of rights, obligations, privacy, liability, and jurisdiction, while this EULA governs your software license and usage of the App itself.

By installing, downloading, accessing and/or using the App, you agree to have read and to be bound by the terms of this EULA. You also represent and warrant that you are (a) not a minor; or (b) a minor where your parent(s) or guardian have reviewed and agreed to the terms of this EULA. If you are a corporation, school or other legal entity, you represent and warrant to have the right and authority to agree to be bound by the terms of this EULA.

If you do not agree to this EULA, do not download, install, or use the App. If you have already downloaded, delete/remove the App from your mobile or other computer device.

1. LICENSE GRANT

   Semperform grants you a revocable, limited, non-exclusive, non transferable, non sublicensable limited license to:

   • download, install, and use one copy of the App on any device that you own or control; and
   • access and use the App solely for your own personal, non-commercial purposes (or on behalf of an authorized organization, where applicable).

   No title or ownership is transferred to you. All rights not expressly granted remain the exclusive property of Semperform.

   This EULA applies to any updates or additional software applications that Licensor may make available after the date you initially download the App, together with any amendment or addendum Semperform provides with the update or new software.

   The license received does not include any obligation for Semperform to provide additional support. Any such support may apply if a separate maintenance agreement is entered with Semperform.

   Important Note: The App is not a medical device but provided strictly for information purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Semperform. You should always seek the advice of our qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Semperform, or in connection with any communications supported by Semperform, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by applicable law. The App does not take the place of your relationship with your regular health care practitioners or primary care physician. If you are experiencing a medical emergency, you should dial “911” immediately. Under no circumstance should you attempt self-treatment based on the App. You should seek emergency help or follow up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

2. LICENSE RESTRICTIONS

   Except where permitted by law, you agree NOT to (directly or indirectly):

   1. will be exclusive property of the Licensor;
   2. will be subject to the terms and conditions of this EULA; and
   3. must include all trademark, copyright, patent, and other Intellectual Property Rights notices contained in the original.

   Except for the limited rights expressly granted under this EULA, nothing herein grants you any intellectual property rights, title, or interest in or to the App or any Semperform confidential Information.

3. ACCOUNT SECURITY AND ACCESS CREDENTIALS

   You are responsible for:

   • ensuring that account credentials remain confidential;
   • any actions performed under your account;
   • ensuring your device(s) meet compatibility and security requirements.

   Semperform is not responsible for unauthorized access caused by your failure to secure your device, passwords, or access credentials. The license is personal to you and you may not provide access to others. This means you are responsible for third party access to or use of the App on your device.

4. DEVICE REQUIREMENTS AND COMPATIBILITY

   You acknowledge that:

   • the App may require specific hardware, operating systems, sensors, permissions, or connectivity;
   • performance may vary depending on device specifications;
   • some features may not function on older or unsupported devices; and
   • Semperform is not responsible for device failures, incompatibility, or data charges.

   You are solely responsible for obtaining (and updating) compatible devices and for sufficient Internet access.

5. UPDATES, UPGRADES & MODIFICATIONS

   Semperform may, at its sole discretion, provide: bug fixes, patches, updates, enhancements, upgrades and new features (collectively “Updates”).

   Semperform may, but is not obligated to, provide any such Updates. Some Updates may modify or delete features. You agree:

   • that Semperform may automatically install Updates without further consent;
   • to install Updates, when they are made available, to maintain access and functionality; and
   • that failure to install Updates may render the App unusable.

6. THIRD PARTY SOFTWARE, SERVICES & OPEN-SOURCE COMPONENTS

   The App may include:

   • third party code, libraries, or modules (including open source components);
   • integrations with third party services; and/or
   • APIs or SDKs provided by Apple, Google, or analytics partners.

   Your use of third party components is subject to their respective licenses. Semperform provides no warranty regarding third party components and is not responsible for their functionality, availability, or security.

   Semperform may provide a list of open source notices within the App or on its website.

7. DATA COLLECTION & TELEMETRY (Non-Personal and Operational Data)

   In addition to the personal information handling detailed in the Privacy Policy, Semperform may collect non personal, de identified or aggregated technical data, including:

   • device type, OS version, performance metrics
   • crash logs, diagnostics, error reports
   • application usage patterns
   • sensor activation logs
   • anonymized movement or interaction data
   • analytics required to improve performance, stability and security

   All processing of personal information (including Movement Data and Athlete Data) is governed by the Hurtblocker Privacy Policy and Terms and Conditions.

8. ORGANIZATIONAL USE (Schools, Teams, Clubs, Businesses)

   If you install or use the App on behalf of an organization, you represent and warrant that:

   • you have authority to bind the organization;
   • you will ensure the organization complies with this EULA and the Terms and Conditions;
   • all required parental/guardian consents for minors have been validly obtained; and
   • Semperform may rely on your representations regarding consent and authority.

   Semperform is not responsible for verifying your authority or any organization’s compliance.

9. INTELLECTUAL PROPERTY

   The App comprises valuable rights of Semperform and may be protected by patents, industrial designs, copyrights, trade secrets, trademarks, mask works and/or other intellectual property rights (“IP Rights”). Semperform owns exclusively and reserves all right, title, and interest in and to the App and its IP Rights. You acknowledge and agree that that all right, title, and interest in and to the App are owned by Semperform and you do not acquire any ownership interest in the App under this EULA, or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under this EULA. For clarity, you acknowledge and agree that all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into the App, including without limitation, all future updates and upgrades, and all other improvements, revisions, corrections, bug-fixes, hotfixes, patches, modifications, enhancements, releases, signature sets, upgrades, and policy and database updates and other updates in, of, or to the App, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of Semperform, having great commercial value to Semperform.

   You agree to safeguard the App from infringement, misappropriation, theft, misuse, or unauthorized access and shall promptly notify Semperform if you become aware of any infringement of its IP Rights. You further agree to cooperate with Semperform if any legal action is taken to enforce its rights.

10. CONFIDENTIAL INFORMATION

    1. Definition of Confidential Information: For purposes of this Agreement, “Confidential Information” means all non-public information disclosed by Semperform to the user, whether in written, electronic, or other form, including but not limited to: (i) proprietary software, source code, algorithms, and technical data; (ii) business, financial, or marketing information; and (iii) any other information that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
    2. User Obligations: The User agrees to (i) maintain the confidentiality of all Confidential Information; (ii) not disclose Confidential Information to any third party without Semperform’s prior written consent; and (iii) use Confidential Information solely for the purpose of using the App as permitted under this EULA.
    3. Exclusions: Confidential Information does not include information that: (i) is or becomes publicly known through no breach of this Agreement by the User; (ii) is independently developed by the user without use of or reference to Semperform Confidential Information; or (iii) is received from a third party without breach of any obligation of confidentiality.
    4. User Content: You acknowledge that any content submitted through the App, including images, videos, or other materials (“User Content”), may be considered confidential or sensitive. Semperform will treat User Content in accordance with its Privacy Policy. You remain solely responsible for ensuring that any User Content complies with applicable laws and that required consents from third parties have been obtained.
    5. Remedies: You acknowledge that any unauthorized disclosure or use of Confidential Information may cause irreparable harm to Semperform. Semperform may seek injunctive or other equitable relief in addition to any other remedies available at law or in equity.

11. EXPORT CONTROLS & INTERNATIONAL USE

    • in violation of Canadian export laws;
    • in embargoed or restricted jurisdictions; or
    • for prohibited purposes (including military or surveillance uses not authorized by Semperform).

    You are responsible for compliance with all applicable export and import regulations.

12. TERM AND TERMINATION

    This EULA remains effective until terminated by either party.

    Semperform may terminate this EULA immediately (with or without notice) if:

    • you violate this EULA or the Terms and Conditions;
    • your use poses a risk to the security or integrity of the App;
    • fees due, if any, are unpaid;
    • required consents (e.g., for minors) are withdrawn
    • the App becomes subject to a claim of infringement of a third party IP right(s); or
    • Semperform discontinues the App.

    Upon termination:

    • your license automatically ends;
    • you must stop using the App;
    • you must delete all copies of the App from your devices;
    • provisions intended to survive (e.g., limitations of liability, disclaimers, IP restrictions) will remain in effect; and
    • Semperform will be discharged from any further obligations to you.

13. DISCLAIMER OF WARRANTIES (SOFTWARE SPECIFIC)

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” SEMPERFORM, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS AND SERVICE PROVDERS, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTOR OR OTHERWISE, INCLUDING (A) AVAILABILITY, RELIABILITY, ACCURACY, ERROR-FREE OR UNINTERRUPTED OPERATION; (B) FREE FROM VULNERABILITY TO INTRUSION OR ATTACK; (C) FITNESS FOR A PARTICULAR PURPOSE; (D) MERCHANTABILITY; (E) NON INFRINGEMENT; AND (F) COMPATIBILITY WITH YOUR HARDWARE OR SOFTWARE ENVIRONMENT.

    WITHOUT LIMITING THE FOREGOING, SEMPERFORM PROVIDES NO CONDITION, WARRANTY, OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER APPLICATION, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    Some jurisdictions do not allow certain exclusions; in such cases, this section applies only to the extent permitted.

14. LIMITATION OF LIABILITY

    Nothing in this EULA limits liability that cannot be limited under Québec law, including liability for intentional or gross fault or bodily or moral injury.

    Subject to the above:

    • In no event will Semperform or its Affiliates, or any of its or their respective licensors or service providers, be liable for any lost revenues or profits or any consequential, incidental, indirect, special, punitive, or exemplary damages, in each case whether arising out of or in connection with this EULA, breach of contract, tort (including negligence), loss or corruption of data or interruption or otherwise, regardless of whether such damages were foreseeable and whether or not the user was advised of the possibility of such damages.
    • In no event will the collective aggregate liability of Semperform, including any of its or their respective licensors and service providers, under or in connection with this EULA or its subject matter, under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, exceed the total amount paid to Semperform pursuant to this EULA for up to twelve (12) months of the specific services that are the subject of the claim.

15. APP STORE TERMS (APPLE AND GOOGLE REQUIREMENTS)

    If you downloaded the App from the Apple App Store:

    • this EULA is between you and Semperform, not Apple;
    • Apple is not responsible for support, maintenance, warranty, or claims;
    • Apple may enforce this EULA as a third party beneficiary; and
    • you must use the App in accordance with the Apple Media Services Terms.

    If you downloaded the App from Google Play:

    • this EULA is between you and Semperform, not Google;
    • Google has no obligation to provide support or handle claims; and
    • your use is subject to the Google Play Terms of Service

    In both cases, you represent and warrant that:

    • you are not located in a region subject to embargo or export restrictions; and
    • you will comply with all applicable store terms and device manufacturer rules.

16. GOVERNING LAW

    This EULA and all related documents are governed by the laws of Québec and the federal laws of Canada applicable therein, without reference to conflict of laws rules. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. Disputes are subject exclusively to the courts sitting in Montréal, Québec, as described in the Terms of Use.

17. LANGUAGE (QUÉBEC COMPLIANCE)

    The parties hereby acknowledge that they have taken cognizance of the entirety of the French version of this Agreement available on the Hurtblocker site and that they have examined each of the stipulations contained herein. Notwithstanding the foregoing, it is the express wish of the parties to be exclusively bound by the English version of this Agreement and that all related documents be drawn up in the English language. Les parties reconnaissent avoir pris connaissance de l’intégralité de la version française disponible sur le siteweb de Hurtblocker et avoir examiné chacune des stipulations y énoncées. Nonobstant, il est de la volonté expresse des parties qu’elles soient liées exclusivement par la version anglaise du présent Contrat et que les documents qui s’y rattachent soient rédigés en anglais seulement.

18. ENTIRE AGREEMENT

    This EULA, together with the Terms of Use and any incorporated policies (including the Privacy Policy and Cookie Policy), constitutes the entire agreement between you and Semperform regarding the App. No other agreements (oral or written) apply.