Effective Date: December 23, 2024

End User License Agreement (EULA)

This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “End-User”) and Brzzy Weather (“Company,” “we,” or “us”) governing your use of the Brzzy Weather application (“Licensed Application”). By downloading, accessing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not download, access, or use the Licensed Application.

1. Acknowledgement

This Agreement is between the Company and the End-User only, and not with Apple. The Company is solely responsible for the Licensed Application and its content. The use of the Licensed Application must comply with the Apple Media Services Terms and Conditions, which the End-User acknowledges they have had the opportunity to review.

2. Scope of License

The license granted to the End-User is a non-transferable license to use the Licensed Application on any Apple-branded products owned or controlled by the End-User, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This includes access and use by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3. Maintenance and Support

The Company is solely responsible for providing maintenance and support services for the Licensed Application, as required under applicable law. The End-User acknowledges that Apple has no obligation to provide maintenance or support services for the Licensed Application.

4. Warranty

The Company 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, the End-User may notify Apple, and Apple will refund the purchase price of the Licensed Application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Licensed Application. Any other claims, losses, damages, or expenses related to warranty failure are the sole responsibility of the Company.

5. Product Claims

The Company, not Apple, is responsible for addressing any claims by the End-User or third parties relating to the Licensed Application or the End-User’s possession and use of the Licensed Application, including but not limited to:

• Product liability claims.

• Claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement.

• Claims arising under consumer protection, privacy, or similar laws, including those related to HealthKit or HomeKit frameworks.

6. Intellectual Property Rights

In the event of any third-party claim that the Licensed Application or the End-User’s possession and use of the Licensed Application infringes a third party’s intellectual property rights, the Company is solely responsible for investigating, defending, settling, and discharging any such claims.

7. Legal Compliance

The End-User represents and warrants that:

• They are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country.

• They are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address

For any questions, complaints, or claims regarding the Licensed Application, the End-User should contact:

• Developer Name: Brzzy Weather

• Address: 2253 White Feather Loop, Oakland, FL 34787

• Email: hi@brzzy.co

• Phone: 321-438-5631

9. Third-Party Terms of Agreement

The End-User must comply with any applicable third-party terms of agreement when using the Licensed Application (e.g., wireless data service agreements for VoIP applications).

10. Third-Party Beneficiary

The End-User acknowledges and agrees that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon the End-User’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End-User as a third-party beneficiary.