END USER LICENSE AGREEMENT

1. License and Use

A. Grant of License and Use of Software

Subject at all times to your continued compliance with the terms and conditions of this Agreement, Boys Town grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (as defined below) to access and use the Software solely for your internal training and related business purposes in the manner authorized by Boys Town and this Agreement. You are granted access under this license to only the hosted instance of the Software made available by or on behalf of Boys Town; no rights in the underlying code are granted except to the extent necessary to access and use the hosted service. To the extent any component of the Software is made available for download or local installation, Boys Town grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to download, install, and use such component only on devices or systems owned or controlled by you and only as necessary to access and use the Software as permitted by Boys Town and this Agreement.

In consideration of the license granted herein, except to the extent prohibited by applicable law or as otherwise explicitly authorized by this Agreement or in writing by Boys Town, you hereby acknowledge and agree to:

• use the Software only for the purposes for which it is designed and intended and as permitted by this Agreement;
• comply with U.S. and international copyright, patent, trade secret, and other intellectual property laws and regulations in connection with your use of the Software;
• access and use the Software only through the accounts, credentials, configurations, and authorized means made available or approved by Boys Town; and
• access and use the Software only during the Term and only for your internal training and related business purposes.

B. Restrictions

In consideration of the license granted herein, except to the extent prohibited by applicable law or as otherwise explicitly authorized by this Agreement or in writing by Boys Town, you further hereby acknowledge and agree NOT to:

• use, copy, reproduce, republish, capture, download, upload, host, archive, post, display, publish, stream, transmit, broadcast, distribute, transfer, assign, license, lease, lend, sell, resell, make available to any third party except as expressly permitted by this Agreement, make derivative works of, modify, edit, adapt, alter, translate, enhance, decompile, disassemble, reverse compile, reverse engineer, distribute, or commercially exploit in any way or for any purposes the Software, or any portion of the Software (including, without limitation, any code, script, or software forming any part thereof) or any rights therein, or permit others to do any of the foregoing;
• use the Software for any purpose for which it is not designed or intended or other than as expressly permitted by this Agreement;
• access or use the Software on behalf of, for the benefit of, or to provide services to any third party, except as expressly authorized by Boys Town in writing or as otherwise permitted by the applicable order, subscription, or authorized use model;
• use the Software for creating, developing, improving, or providing any product, service, or software that is, directly or indirectly, competitive with or a substitute in any way for any services, products, or software offered by Boys Town;
• use any proprietary information or interfaces of Boys Town or other intellectual property of Boys Town in the design, development, manufacture, licensing, or distribution of applications, accessories, or devices for use with the Software;
• use any Software features for which you have not subscribed to, paid for, or otherwise been expressly authorized to use;
• remove, alter, or obscure any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in or on the Software;
• violate, circumvent, test, probe, or attempt to violate, circumvent, test, or probe any security feature, access control, usage limit, or other protection of the Software, including attempting to access or use any portion of the Software for which you have not subscribed to, paid for, or otherwise been granted access;
• use the Software for any unlawful purpose or in any manner that violates any applicable law, regulation, or third-party right;
• submit, upload, transmit, input, post, or otherwise provide any Input (as defined below) to the Software that you do not have the right to provide or that infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, or other rights of any person or entity;
• use the Software or any Output (as defined below) to develop, train, improve, fine-tune, or validate any algorithm, model, artificial intelligence system, or machine learning system, except as expressly authorized by Boys Town in writing; or
• use the Software or any Output to create, generate, or disseminate unlawful, infringing, fraudulent, deceptive, harmful, abusive, or otherwise objectionable content or material.

If you violate this Section, Boys Town may, in addition to any other rights or remedies available to it, immediately suspend or terminate your access to the Software.

C. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Boys Town, its affiliates, and its and their employees, directors, officers, shareholders, agents, successors, and representatives from and against any and all damages, claims, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, court costs, and costs arising from fines, civil penalties, personal injury or property damage) arising out of or relating to (i) your breach or violation of any of your obligations or restrictions in this Section 1 or elsewhere in this Agreement, (ii) your misuse of the Software or use of the Software in violation of applicable law or the rights of any third party, (iii) any Input submitted, uploaded, transmitted, or otherwise provided by you in connection with the Software, or (iv) your negligence, recklessness, or willful misconduct.

2. Updates, Connectivity, and Security

A. Automatic Updates

Boys Town may from time to time, but is not obligated to, develop patches, bug fixes, updates, and other modifications to improve the performance of the Software (“Updates”), which are considered part of the Software and subject to this Agreement. These Updates may be automatically implemented without providing any additional notice or receiving any additional consent. You consent to any automatic Update. If you do not want such Updates, your remedy is to stop accessing and using the Software. If you do not cease accessing and using the Software, you will receive Updates automatically. This Agreement will govern any Updates provided by Boys Town that replace or supplement the original Software, unless Boys Town provides a separate agreement with the Update, in which case the terms of that agreement will govern. Your continued access and use of the Software and any Updates thereto is your agreement and consent to this Agreement (or, as applicable, any future agreement).

B. Connectivity

Access to and use of the Software requires compatible devices, internet connectivity, and, if applicable, a Boys Town account and any other components or services specified by Boys Town from time to time. You are solely responsible for obtaining, maintaining, and paying for all hardware, software, internet access, mobile services, and other third-party products or services needed to access and use the Software. Boys Town is not responsible for any unavailability, interruption, degradation, or loss of features or functionality caused by or relating to any third-party products, services, hardware, software, or connectivity. You are solely responsible for ensuring that your systems, devices, and account settings are properly configured to access and use the Software.

C. Security

WHILE BOYS TOWN TAKES COMMERCIALLY REASONABLE MEASURES DESIGNED TO PROTECT THE SOFTWARE FROM VIRUSES, MALWARE, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT, BOYS TOWN DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ANY SUCH ITEMS. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING APPROPRIATE SAFEGUARDS AND TAKING PRECAUTIONS TO PROTECT YOUR SYSTEMS, DEVICES, ACCOUNTS, AND DATA, INCLUDING APPROPRIATE SECURITY SOFTWARE AND PROCEDURES.

3. Ownership

A. Intellectual Property

The Software is protected by law, including, without limitation, the copyright and other intellectual property laws of the United States and other countries, and by international treaty provisions. The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein and all associated technology is the exclusive property of Boys Town. Boys Town reserves all rights in and to the Software not expressly granted to you in this Agreement. The Software is licensed to you under this Agreement; not sold. Nothing in this Agreement shall be construed to confer any right, title, or interest in or to any intellectual property rights of Boys Town or its affiliates or any third party, whether by estoppel, implication, or otherwise. Except as expressly stated herein, this Agreement does not grant you any rights in the Software or any associated technology and no transfer thereof is implied or will occur in connection with your access to or use thereof. You acknowledge and agree that the technology embedded in and used to create the Software (including, without limitation, the structure, organization, and source code of the Software) constitutes the valuable trade secrets and know-how of Boys Town, and to the extent you discover any such trade secrets or know-how, you will not disclose them to any third party.

Boys Town’s name and logo(s) and all related product and service names, design marks, slogans, and any other words, names, symbols, or devices used by Boys Town to identify and distinguish its goods or services, including the Software, are the trademarks or service marks of Boys Town. No trademark or service mark license is granted in connection with your access to or use of the Software or by this Agreement. Access to or use of the Software does not authorize you to use any trademarks of Boys Town in any manner.

B. Feedback

You may choose to submit comments, suggestions, or ideas about the Software, including how to improve the Software (“Feedback”). You hereby agree that such submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Boys Town under any fiduciary or other obligation. By providing such submissions to Boys Town, you hereby do and shall assign to Boys Town, at no charge, all worldwide right, title, and interest in and to the Feedback and any intellectual property rights associated therewith. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Boys Town has no duties to you (including any duty to compensate you), with respect to such Feedback. You also agree that Boys Town does not waive any rights to use similar or related ideas previously known to Boys Town, developed by Boys Town’s employees or agents, or obtained from other sources.

C. Open Source

Should the Software include any software components that are subject to an open-source copyright license agreement (“Open-Source Components”), your use of such Open-Source Components will be governed by, and subject to, the terms and conditions of the related open-source licenses and not this Agreement. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open-Source Components.

D. User Inputs, Data, and Output

As between you and Boys Town, and subject to the rights granted in this Agreement, you retain all right, title, and interest you may have in and to any data, content, materials, prompts, submissions, communications, or other information that you submit, upload, transmit, input, post, or otherwise provide to or through the Software (“Inputs”). You hereby grant to Boys Town and its affiliates, contractors, sublicensors, service providers, and subprocessors a non-exclusive, worldwide, royalty-free, non-revocable, transferable, sublicensable license during the Term and thereafter as reasonably necessary to host, store, reproduce, process, transmit, display, modify, format, adapt, maintain, secure, support, and otherwise use the Inputs solely as necessary to provide, operate, maintain, support, secure, monitor, and improve the Software and to enforce this Agreement and comply with applicable law.

You represent and warrant that you have all rights, permissions, consents, and authority necessary to provide the Inputs to Boys Town and to grant the foregoing license, and that the Inputs and permitted use thereof as authorized by this Agreement will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, or other rights of any person or entity or violate any applicable law.

Subject to your compliance with this Agreement and applicable law, you may use any reports, analyses, recommendations, responses, or other results generated by or through the Software based on your use of the Software (“Output”) for your internal training and related business purposes. You acknowledge and agree that Output may be generated using artificial intelligence or automated processes, may not be unique, and may be inaccurate, incomplete, or inappropriate for your intended use. Except as otherwise expressly stated in this Agreement, Boys Town does not assign to you any intellectual property rights in or to the Software or any underlying models, algorithms, systems, or technology used to generate any Output.

Boys Town may collect, use, and disclose data relating to your access to and use of the Software, including Inputs and Output, as described in the Privacy Policy and as otherwise permitted by this Agreement. Boys Town may also use deidentified and aggregated data derived from the Software for lawful business purposes, including analytics, security, support, and improvement of the Software, provided that such data does not identify you or any individual.

4. Term and Termination

A. Term

This Agreement and the limited license granted hereunder are effective on the date you first indicate your acceptance of this Agreement or on the date you first access or use the Software, whichever is earlier (the “Effective Date”), and shall remain in full force and effect for as long as you continue to access or use the Software, unless earlier terminated or modified in accordance with the provisions of this Agreement (the “Term”).

B. Termination

Either you or Boys Town may terminate this Agreement if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving notice thereof; provided, however, that no party will be deemed in breach to the extent such breach results from circumstances beyond such party’s reasonable control.

Notwithstanding the foregoing, you expressly agree that Boys Town may, upon notice to you and without any opportunity to cure, suspend or terminate your access to or use of the Software, or this Agreement, immediately if:

• Boys Town reasonably believes that you have accessed or used the Software in violation of or otherwise violated this Agreement, any other agreement governing your access to or use of the Software, or any applicable law or regulation;
• you fail to pay any owed amounts when due;
• Boys Town no longer offers the Software or any portion thereof or if Boys Town determines, in its reasonable discretion, that unexpected technical, security, or operational issues make continued provision of the Software or your access to the Software impracticable;
• Boys Town reasonably believes that your account has been accessed or used without authorization or that your access to or use of the Software poses a security risk to the Software, Boys Town, or any third party; or
• Boys Town is required to do so by law, court order, or request of law enforcement or other governmental authority.

C. Effect of Termination or Expiration

Immediately upon any termination or expiration of this Agreement, the limited license granted hereunder and all other rights granted to you in this Agreement shall forthwith terminate, and you must immediately cease all access to and use of the Software. If Boys Town terminates this Agreement pursuant to subsections 4(b)(iii) or (v) above, your sole and exclusive right and remedy, if applicable, will be a pro-rated refund of any prepaid fees actually paid by you for the terminated portion of the then-current subscription term, based on the number of days remaining in such term.

D. Survival

Expiration or termination of this Agreement shall not relieve you from obligations which are expressly or by implication intended to survive expiration or termination of this Agreement and shall not affect or prejudice any provision of this Agreement which is expressly or by implication provided to come into effect on, or continue in effect after, such expiration or termination, including, without limitation, Sections 1(B), 1(C), 2(C), and 3–12, each of which shall survive termination or expiration for any reason.

5. Software Limitations

The Software is intended for general informational, training, and related business purposes only, and not for any time-critical, emergency, or life-safety use, or for any purpose where errors, delays, inaccuracies, or interruptions could reasonably be expected to result in injury to persons, damage to property, or other material harm. Your access to and use of the Software is at your sole risk.

While Boys Town aims for the Software to be highly reliable and available, it is not guaranteed to be uninterrupted, error-free, secure, or available at all times, and Boys Town does not warrant that the Software, or any content, information, or output made available through the Software, will be accurate, complete, current, reliable, or suitable for your particular needs. Boys Town is not responsible for any delays, limitations, interruptions, delivery failures, or other loss or damage resulting from your access to or use of the Software or from the transfer, transmission, or processing of data in connection therewith. Boys Town further makes no commitment regarding how long any particular feature, functionality, or version of the Software will be made available or supported.

You acknowledge these limitations and agree that Boys Town and its affiliates, and each of its and their respective employees, directors, officers, shareholders, agents, successors, licensors, subcontractors, and representatives, is not and will not be liable or otherwise responsible in any way for any damages, liabilities, claims, losses, costs, or expenses allegedly caused by the failure, delay, unavailability, inaccuracy, or other limitation of the Software or by any decision made or action taken or not taken by you in reliance on the Software or any content, information, or output made available through the Software..

6. Warranty Disclaimer

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOYS TOWN PROVIDES THE SOFTWARE AND ANY CONTENT, INFORMATION, OR OUTPUT MADE AVAILABLE THROUGH THE SOFTWARE “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. BOYS TOWN HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL STANDARDS, CONDITIONS, GUARANTEES, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, PERFORMANCE, TITLE, QUIET ENJOYMENT, ACCURACY, VALIDITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BOYS TOWN DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE OR THAT ANY CONTENT, INFORMATION, RECOMMENDATION, OR OUTPUT GENERATED BY OR THROUGH THE SOFTWARE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, LAWFUL, OR SUITABLE FOR YOUR NEEDS OR INTENDED USE. BOYS TOWN MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF BOYS TOWN OR ITS AFFILIATES, OR ANY AGENTS, EMPLOYEES, OR REPRESENTATIVES THEREOF, WILL CREATE A WARRANTY.

YOU USE THE SOFTWARE AND ANY CONTENT, INFORMATION, OR OUTPUT MADE AVAILABLE THROUGH THE SOFTWARE AT YOUR OWN DISCRETION AND RISK.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) BOYS TOWN OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS, CLAIMS, COSTS, OR EXPENSES UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST OR DIMINISHED PRODUCTION, BUSINESS INTERRUPTION, LOSS OF GOODWILL, BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, INJURY TO PROPERTY, OR CLAIMS BY A THIRD PARTY ARISING FROM OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SOFTWARE, OR ANY CONTENT, INFORMATION, OR OUTPUT MADE AVAILABLE BY OR THROUGH THE SOFTWARE, EVEN IF BOYS TOWN KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, LOSS, CLAIMS, COSTS, OR EXPENSES, AND (B) BOYS TOWN AND ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE, AND ANY CONTENT, INFORMATION, OR OUTPUT MADE AVAILABLE BY OR THROUGH THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT, IN THE AGGREGATE, EXCEED ONE HUNDRED PERCENT (100%) OF THE AMOUNT ACTUALLY PAID BY YOU TO BOYS TOWN, IF ANY, FOR THE SOFTWARE AT ISSUE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

8. Confidentiality

“Confidential Information” shall mean the Software (excluding any portions made publicly available by Boys Town without restriction) and any other nonpublic information disclosed or made available to you by or on behalf of Boys Town that is designated as confidential or that reasonably should be understood to be confidential under the circumstances of disclosure, except for information that you can demonstrate: (a) was rightfully known to you without restriction on disclosure prior to disclosure by Boys Town; (b) is or becomes generally known to the public through no act or omission of yours; (c) is rightfully disclosed to you by a third party without restriction on disclosure; or (d) is independently developed by you without use of or access to the Confidential Information.

You shall use reasonable care to preserve and protect the Confidential Information from unauthorized use, disclosure, dissemination, or publication, and in no event less than the degree of care you use to protect your own confidential information of a similar nature. You may use Confidential Information solely as necessary to access and use the Software and to exercise your rights or perform your obligations under this Agreement and any other applicable agreement governing your access to or use of the Software. You shall not disclose, disseminate, or otherwise publish or communicate Confidential Information to any person, entity, or other third party without the prior written consent of Boys Town, except that you may disclose Confidential Information to your employees, contractors, and representatives who have a need to know such information for purposes consistent with this Agreement and who are bound by confidentiality obligations at least as protective as those set forth herein.

You shall promptly notify Boys Town in writing upon becoming aware of any unauthorized use or disclosure of Confidential Information or any other breach of this Section and shall reasonably cooperate with Boys Town to help regain possession of the Confidential Information and prevent further unauthorized use or disclosure.

If you are required by law, regulation, legal process, or court order to disclose any Confidential Information, you may do so only to the extent legally required, provided that, to the extent legally permitted, you first give Boys Town prompt written notice of the required disclosure so that Boys Town may seek a protective order or other appropriate remedy. You shall reasonably cooperate with Boys Town, at Boys Town’s expense, in seeking such protective order or other remedy. If no such protective order or other remedy is obtained, you may disclose only that portion of the Confidential Information that you are legally required to disclose.

Your obligations under this Section will continue during the Term and for three (3) years after termination or expiration of this Agreement; provided, however, that any Confidential Information constituting a trade secret under applicable law shall remain subject to this Section for so long as it remains a trade secret.

9. Export Compliance

The Software and related technology are subject to U.S. export control laws and may also be subject to export, import, and other applicable laws and regulations of other jurisdictions. You agree to comply with all such laws and regulations and not to export, re-export, import, transfer, or make available the Software or related technology except as authorized by such laws and regulations. You acknowledge that you are solely responsible for obtaining any required licenses, consents, or other authorizations relating to your use, export, re-export, import, or transfer of the Software and related technology.

10. Governing Law, Jurisdiction, and Venue

By accessing or using the Software, you expressly agree that (i) this Agreement, (ii) your rights and obligations under and in connection with this Agreement, and (iii) any controversy, claim, or dispute arising out of or relating in any way to the Software, this Agreement, or your access to or use thereof (each, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of laws principles. Any Dispute shall be brought exclusively in the state or federal courts located in Nebraska, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts and waives any objection based on lack of personal jurisdiction or forum non conveniens; provided, however, that Boys Town may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

11. Exclusions and Limitations

This Agreement give you specific legal rights. In addition, you may also have other legal rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, limitations of liability and governing law under this Agreement will not apply to the extent prohibited by applicable law. Additionally, some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Boys Town or its affiliates may not, as a matter of applicable law, disclaim any warranty or limit its liabilities, the scope and duration of such warranties and the extent of Boys Town and its affiliates’ liability shall be the minimum permitted under such applicable law.

12. Miscellaneous

A. Eligibility

You may access and use the Software only if you have the legal capacity to form a binding contract with Boys Town and you accept and are in compliance at all times with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

B. Amendment

Boys Town reserves the right, at its sole discretion, to change and modify this Agreement at any time and without prior notice. If Boys Town makes changes to this Agreement, it will provide notice of such changes, such as by sending an email notification, providing notice through the Software, or changing the “Last Updated” date above. Any changes to this Agreement will become effective when Boys Town posts or distributes the revised Agreement and will apply to your access and use of the Software after the effective date of the revised Agreement. It is your responsibility to review the Agreement periodically to ensure that you are aware of any changes. You can view the most current version of this Agreement at: https://realitycoach.ai/eula. You should review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access and use the Software. YOUR CONTINUED ACCESS AND/OR USE OF THE SOFTWARE FOLLOWING ANY CHANGES TO THIS AGREEMENT SIGNIFIES YOUR ACKNOWLEDGMENT OF SUCH CHANGES AND CONTINUED ASSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS UPDATED OR AMENDED AT THAT TIME. IF AT ANY TIME YOU FIND THE TERMS AND CONDITIONS UNACCEPTABLE OR IF YOU DO NOT AGREE TO ANY CHANGES MADE TO THIS AGREEMENT, YOU MUST IMMEDIATELY STOP ACCESSING AND/OR USING THE SOFTWARE.

C. English Language

This Agreement is in the English language. No translation of this Agreement into any language other than English shall be considered in the interpretation hereof and in the event that any translation of this Agreement is in conflict with the English language version, the English version shall govern.

D. Construction and Interpretation

All terms defined in the singular form will include the plural and vice versa, and the word “including” will not be construed as limiting the immediately preceding general term, statement, or phrase. Unless otherwise stated, all sections referred to herein are sections of this Agreement. The headings used in this Agreement are inserted for convenience only and are not intended to interpret, define, or limit the scope or content hereof or any provision hereof.

E. Relationship of the Parties

Nothing herein is intended or shall be construed to create any association, partnership, employment, joint venture, or agency relationship between the parties. Neither party has any right or authority to assume or create any obligations of any kind or to make any representation or warranty on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever.

F. Waiver; Severability

The failure of Boys Town to exercise or enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement and will not impair the validity, legality, or enforceability of the remaining provisions.

G. Assignment; Binding Effect

This Agreement, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Boys Town’s prior written consent. This Agreement may be assigned by Boys Town without restriction. This Agreement shall be binding upon and inure to the benefit of Boys Town’s affiliates, successors, and assigns the same as if such affiliates, successors, or assigns were directly made parties hereto. This Agreement is not intended, nor shall it be construed, to create or convey any right in or upon any person or entity not a party to this Agreement.

H. Entire Agreement

This Agreement, together with the agreements specifically referenced herein, sets forth the entire understanding of the parties with regard to the use of and access to the Software and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter hereof.

I. Remedies

You assume liability for all damages, liabilities, claims, losses, costs, and expenses arising from any breach of this Agreement by you, any person or entity you represent, or any person or entity acting for or on your behalf. You agree that any breach or threatened breach of this Agreement will result in irreparable injury to Boys Town, for which monetary damages are an inadequate remedy, and agree (i) to take all reasonable measures, including, but not limited to court proceedings, at your own expense to prevent any such breach or threatened breach, and (ii) that Boys Town shall be entitled to temporary and permanent injunctions restraining such breach or threatened breach without posting a bond.

J. Privacy Policy

Use of the Software, including any data or other information collected or used in connection therewith, is subject to the Privacy Policy, which can be viewed at https://realitycoach.ai/privacy and by reference is made part of this Agreement. The Privacy Policy outlines the type of information that may be collected from you by Boys Town and how such information may be used by Boys Town.

K. Electronic Commerce

Your installation, downloading, activation, access, or use of the Software includes the capacity and ability to enter into agreements and/or to make transactions electronically. Submission of electronic communications constitutes a legally valid and enforceable signature and you consent to be bound by any terms and conditions contained in such electronic communications as if completed in paper form and signed by you. The parties may rely on any electronic communications as an original, legally enforceable, document.

L. Compliance with Laws

Each party will comply with all applicable governmental laws, rules, and regulations in the performance of its obligations under this Agreement.

M. Questions

If you have any questions or comments regarding this Agreement, please contact Boys Town by sending an email to Compliance.Team@Boystown.org or calling (531) 355-1226. Note that any such correspondence may be retained by Boys Town to improve the Software, and for other disclosed purposes.

N. Knowing and Voluntary

By accessing and using the Software, you represent that you have had an adequate opportunity to review each and every provision in this Agreement and to seek advice of legal counsel, have carefully read the Agreement and know and understand the contents hereof, and are accessing and using the Software as you own free act and deed.