End User License Agreement (EULA)

Effective Date: December 19, 2024

This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Muse Tech, LLC ("Company," "we," "our," or "us") for the use of the nocal app (the "App"). By installing, accessing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the App.

1. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely for personal or internal business purposes.

2. Prohibited Uses

You agree not to:

  • Use the App for any illegal purpose or in violation of any applicable law or regulation.
  • Upload, store, or share any content that is illegal, harmful, infringing, defamatory, or obscene.
  • Store or share sensitive or regulated data, including but not limited to:
    • Protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA).
    • Financial information regulated by the Gramm-Leach-Bliley Act (GLBA).
    • Personal data subject to stricter regional regulations without ensuring compliance.
  • Interfere with or disrupt the App's operation, including by transmitting viruses or other harmful software.
  • Reverse engineer, decompile, or disassemble the App or attempt to derive its source code.
  • Transfer, sublicense, lease, or distribute the App to any third party without prior written consent from the Company.

3. User Content

3.1 Ownership:

You retain ownership of any notes, calendar entries, and other content ("User Content") you create or upload within the App.

3.2 Restrictions:

You represent and warrant that you have the right to upload User Content and that it does not infringe on any third-party rights or violate this Agreement.

3.3 Prohibited Content:

You may not upload or store:

  • Content that contains personally identifiable information of others without their consent.
  • Content that is unlawful, including data related to criminal activity or explicit material.

3.4 Company Rights:

We may, but are not obligated to, review and remove User Content that violates this Agreement or applicable laws.

4. Data Collection and Privacy

The App's collection and use of your data are governed by our Privacy Policy. By using the App, you consent to the practices described in the Privacy Policy.

5. Termination

We may terminate your access to the App if you violate this Agreement or engage in prohibited activities. Upon termination, you must cease all use of the App and delete all copies in your possession.

6. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the App. Our total liability for direct damages shall not exceed the amount you paid for the App (if any).

7. Indemnification

You agree to indemnify and hold the Company harmless from any claims, damages, losses, or expenses (including legal fees) arising from your violation of this Agreement or misuse of the App.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.

9. Changes to This Agreement

We may update this Agreement from time to time. We will notify you of significant changes by posting the updated Agreement within the App. Continued use of the App after the update constitutes acceptance of the revised Agreement.

10. Contact Information

If you have questions about this Agreement, please contact us at [email protected] .