END USER LICENSE AGREEMENT:

The software application is licensed to You (End-User) by Winiom Health & Sport (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application from a vendor such as but not limited to: the Apple AppStore, Android, Google Play etc. and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. The parties of this License Agreement acknowledge that said vendor(s) Apple and Android, Google etc. are not Parties to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Winiom Health & Sport , not any vendors, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Vendor Terms of Service. Winiom Health & Sport acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.

1. THE APPLICATION
The software (hereinafter: Application and/or App) is a piece of software created to show those who have purchased our kinesiology tape products how to use it effectively. The app, in conjunction with our kinesiology tape product is used to help our customers to improve circulation in and around soft tissue injuries support muscles and allow the internal injury to heal, and help prevent further muscle injury while still allowing motion with our tape products. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sub-licensable license to install and use the Licensed Application on any Apple-branded and Android-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and these products’ Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Winiom Health & Sport ‘s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Winiom Health & Sport ‘s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS
3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT
4.1 Winiom Health & Sport is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 Winiom Health & Sport and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy (contact us for any such additional policies).

6. USER GENERATED CONTRIBUTIONS
The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorized modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Winiom Health & Sport ‘s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Winiom Health & Sport about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Application is defective, Winiom Health & Sport reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS
Winiom Health & Sport and the End-User acknowledge that Winiom Health & Sport , and not Apple, 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, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.

12. TERMINATION
The license is valid until terminated by Winiom Health & Sport or by You. Your rights under this license will terminate automatically and without notice from Winiom Health & Sport if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Winiom Health & Sport represents and warrants that Winiom Health & Sport will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS
Winiom Health & Sport 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 on the third party’s intellectual property rights, Winiom Health & Sport, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

15. APPLICABLE LAW
This license agreement is governed by the laws of the State of the state where Winiom Health & Sport operates its business excluding its conflicts of law rules.

16. DISCLAIMER
The content, information, opinions, and viewpoints contained in the user instructions of the app are those of the authors or contributors of such materials. Winiom Health & Sport take great care to develop proper instructions on using our product and how it operates to benefit health issues of our clients. At the same time, Winiom Health & Sport understands that no two user health issues are alike and we make no claims as to the completeness or accuracy of the content contained in the educational materials or on this app. The reader of these materials uses these materials at his or her own risk, and Winiom Health & Sport shall not be responsible for any errors, omissions, or inaccuracies in these materials, whether or not arising through negligence, oversight, or otherwise. Reliance on any information appearing on this app is used in conjunction with any Winiom Health & Sport product is performed strictly at your own risk. The material on the app is intended to provide an overview of the product issues and terminology surrounding a particular medical issue for which the product may be used and is not intended as medical advice. Because medicine is not static, and one situation may differ from the next, the authors, editors, content experts, planners, expert reviewers, and publishers cannot assume responsibility for any actions taken based on information contained herein. Medical practices and laws may vary from state to state. Any information found on this app cannot replace the advice of an experienced, licensed medical practitioner. Every effort has been made to provide accurate and dependable information and the content of each course has been compiled by and in consultation with medical professionals. The user should be aware that medical professionals may have different opinions and new research and information is constantly changing accepted practices when using kinesiology tapes. Winiom Health & Sport is not liable to anyone for inaccuracies, errors, or omissions with respect to any material or the transmission or delivery of any material obtained from this website; any injury and/or damage to persons or property as a matter of product liability, negligence, or otherwise from any use or operation of any methods, products, instructions, or ideas contained in the material herein; or any damages incurred if material infects or contaminates a user’s system or information. The authors, editors, and publisher have made every attempt to ensure that all use of our product are correct and in keeping with current recommendations and practice at the time of publication. The information and education material contained herein is meant to promote the general understanding of using kinesiology tape in the field. Such information is not meant or intended to serve as a substitute for a healthcare professional’s clinical training, experience, or judgment. For patients and individuals, such information is not to be a substitute for professional medical, therapeutic, or healthcare advice or counseling. For medical issues or concerns, including decisions about medications and other treatments, readers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. Use of medical device information should be undertaken only by properly trained and certified medical personnel after confirmation of information from third party sources, including by consulting the FDA-approved uses and information. Winiom Health & Sport specifically disclaims any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. Such information is provided “AS IS” and is believed to be accurate at the time of its publishing, but it is the reader’s job to evaluate the accuracy of any information found on the app. If you are a healthcare professional, you should rely on your professional judgment in evaluating any and all information, and confirm the information contained on the Winiom Health & Sport app with other sources and reliable third parties before undertaking any treatment based on it. If you are a consumer or patient, you should evaluate the information together with your physician or another qualified healthcare professional. Winiom Health & Sport makes no warranty that the information contained herein will be error free, and the readers of such information use such at their OWN RISK.

17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.