Terms of service

By using rnpocketpal.com (the “Website”) or the RN PocketPal mobile application (the “App” — together with the Website, the “Service”), you agree to these terms. If you don’t agree, please don’t use the Service. These terms form a binding contract between you and the RN PocketPal entity that distributed the copy of the Service you are using: Charles Enterprises, LLC for the Website and the iOS app, and Tech Genius Solutions Ltd for the Android app on Google Play. In these terms, “RN PocketPal,” “we,” and “us” mean that entity. Both entities, and their officers, employees, agents, and successors, may enforce these terms and are entitled to the benefit of sections 12 (warranties), 13 (limitation of liability), 14 (indemnification), and 16 (governing law, arbitration, and dispute resolution).

This document is the Terms of Use and End User License Agreement (“EULA”) for the App, as required by Apple App Store Review Guideline 3.1.2(c) and the Apple Developer Program License Agreement, Schedule 2. The Apple-specific provisions of this EULA appear in section 17 below.

RN PocketPal provides educational reference and clinical decision-support content. It is not a medical device under the US Food & Drug Administration’s definition, it is not for clinical diagnosis, and it does not provide medical advice. Every clinical output (drip math, lab reference notes, rhythm teaching notes, etc.) is paired with an explicit caveat, and you remain solely responsible for verifying findings with your facility’s approved references and clinical judgment before acting on them.

See the medical disclaimer for the full posture and language. Nothing in the Service is intended to replace the advice of a licensed clinician.

To use the Service you must:

• Be at least 16 years old.
• Be a licensed or certified nursing professional, an enrolled nursing student, or a related healthcare professional. (RN PocketPal is not a consumer-patient app.)
• Provide accurate registration information and keep it current.
• Not share your account with anyone else.

Scope of practice acknowledgement. You acknowledge that the tools and reference content available in the Service are educational and may include content outside the scope of practice of your specific license or certification under the laws of your state. You agree to use only the portions of the Service that fall within your state Board of Nursing’s scope of practice for your role, within the limits of your certification or licensure, and within your employer’s policies. We make no representation that any specific tool is authorized for clinical action by any particular license tier in any particular jurisdiction. This is your professional judgment to exercise.

We may suspend or terminate accounts that violate these terms or that we reasonably believe pose a risk to other users, to patients, or to us.

This scope-of-practice language is intentionally conservative and may be refined as state-specific nursing-board guidance changes.

Pocketpal Pro is an auto-renewable subscription offered at:

• Monthly plan — $4.99 USD per 1 month, automatically renewing every month
• Annual plan — $49.99 USD per 1 year, automatically renewing every year

The subscription is sold via Apple App Store (iOS) and Google Play (Android), subject to those stores’ billing terms. Future web billing, if added, will show separate terms at checkout. Introductory free trials are no longer offered for new subscriptions; a trial already in progress continues until it ends and then converts to the selected paid plan unless cancelled at least 24 hours before the trial ends. Payment will be charged to your Apple ID or Google Play account at confirmation of purchase and at the start of each renewal period.

• Auto-renewal — subscriptions renew automatically until cancelled. The store you bought the subscription through will charge your account at the start of each billing period.
• Cancellation — simple and through the same store account that billed you. iOS: Settings → your name → Subscriptions → RN PocketPal → Cancel. Android: Play Store → Subscriptions → RN PocketPal → Cancel. No retention call, no win-back funnel, no friction asymmetry.
• After cancellation — you keep Pro access until the end of the current billing period. Your local data stays on your device.
• Refunds — handled by the store (Apple via reportaproblem.apple.com; Google via Play Store support). We don’t directly process refunds because we never see your card.
• Price changes — if we raise prices for new subscribers, existing subscribers keep their original price for the life of the subscription. Material price changes will be announced at least 30 days in advance via App and email.
• Care Coins — Care Coins are an earned, in-app loyalty currency.
  • Care Coins have no cash value, are not redeemable for cash, are not transferable to another user or account, and are not a security, a stored-value card, a money-transmission instrument, or a payment instrument under any state or federal law.
  • Care Coins cannot pay your subscription directly (per Apple In-App Purchase rules). Future discount offers, when offered, will be delivered via Apple Promotional Offers and Google Play equivalent flows in compliance with each store’s In-App Purchase guidelines.
  • Care Coins may be redeemed for in-app benefits we make available from time to time, and (when Marketplace use cases launch) may be applied as a percentage discount on certain physical-goods listings. We may expire, adjust, recall, or revoke Care Coins at our discretion, including on account closure, for abuse, or for inactivity.
  • Care Coins are not a sweepstakes, a contest, a lottery, or a gambling product. We do not award Care Coins based on chance.

Care Coins are designed as a loyalty feature only. They do not replace Apple or Google subscription billing.

You agree not to:

• Use the Service to provide direct patient care without independently verifying outputs.
• Reverse-engineer, decompile, scrape, or extract the rhythm question banks, the atlas content, or any other proprietary content.
• Resell or relicense access to the Service.
• Upload PHI, patient identifiers, or any content that violates HIPAA or your facility’s policies (see section 6).
• Use the Service in any way that violates US, state, or your local laws.
• Probe the security of the Service or attempt to disrupt it for other users.

The Service is designed for no intentional PHI storage. You agree not to upload, paste, type, dictate, photograph, or transmit Protected Health Information to any non-local feature, including AI tools, support tickets, Marketplace listings or messages, Connect posts, Unionize reports, facility-rating suggestions, and rhythm contribution uploads. Redaction tools are best-effort and are not a substitute for removing identifiers before submission.

If you believe PHI was inadvertently transmitted to us, please contact support@rnpocketpal.com with subject [POSSIBLE PHI]. You authorize us to process that information only as needed to secure it, identify the affected submission, delete it, redact it, return it to you, comply with law, investigate abuse or security incidents, and maintain a minimal audit record. We do not use unintended PHI for model training, marketing, analytics, product improvement, marketplace features, or social features. Our concrete handling protocol (purge windows, audit-log retention, notification to the sender) is described in our Privacy Policy § 10.

You represent and warrant that any PHI, patient identifier, or protected information you transmit to the Service is transmitted with the authorization required under HIPAA, applicable state health-data laws, and your facility’s policies. You agree that we are not a HIPAA-covered entity, that we have no Business Associate Agreement with your facility (unless one is separately executed in writing with an authorized signer), and that any unauthorized disclosure of PHI to the Service is your unauthorized disclosure to report, not ours. You will indemnify and hold us harmless from any claim, regulatory action, or damages arising from your unauthorized transmission of PHI to the Service, including any incidental retention of that PHI during our purge process described in the Privacy Policy.

These PHI terms are designed around the consumer-app posture: RN PocketPal is not a HIPAA-covered entity in that capacity and does not intentionally collect PHI.

AI-assisted features are optional educational tools. Outputs may be incorrect, incomplete, outdated, or fabricated. You remain responsible for verifying every clinically relevant output against current primary sources, facility policy, prescriber orders, and clinical judgment before acting.

AI features do not make clinical decisions. They do not diagnose, do not select, recommend, or verify treatment, and do not substitute for prescriber orders, facility policy, approved clinical references, or your own assessment and licence. Where RN PocketPal is described as an AI tool for nurses, that refers to educational, reference, and administrative assistance only. Nothing the AI returns is a clinical recommendation, and you may not rely on it as one.

Do not enter protected health information into an AI feature. Inputs are checked for PHI patterns on your device before they are sent, and that check is best-effort — it is a safety net, not a guarantee, and it does not transfer responsibility for what you type. AI features send your input to a third-party AI provider identified in our Privacy Policy; using them means accepting that transfer. You can turn AI features off in the App’s AI Settings, and the rest of the App keeps working without them.

Rhythm Practice is educational study material, not a medical device. It drills known-answer teaching strips and does not interpret a monitor, a printed strip, or a photo you take. Optional rhythm-strip contributions are separate from practice. If you contribute a strip, you represent that it is de-identified, that you have the right to share it, and that it contains no patient, facility, barcode, monitor-banner, or chart identifiers. We may reject, quarantine, redact, delete, or exclude any contribution at our discretion.

Marketplace and community features are user-generated content surfaces. RN PocketPal is not the employer, recruiter, credentialing agency, escrow agent, payment processor, or party to transactions between users unless a separate written agreement says otherwise. We operate Marketplace, Connect, and community features as an interactive computer service within the meaning of 47 U.S.C. § 230 and rely on the protections of that section for user-generated content.

Jobs

• Employers represent and warrant that each job posting complies with Title VII, the ADA, the ADEA, the Equal Pay Act, the Fair Labor Standards Act, state and local wage-and-hour laws, and state and local pay-transparency laws (including California Labor Code § 432.3, Colorado Equal Pay for Equal Work Act, Washington SB 5761, and New York Labor Law § 194-b where applicable).
• Prohibited content: age limits unrelated to a bona fide occupational qualification; gender-specific requirements; sole-citizenship-required language unless I-9 lawful-permanent-resident eligibility is also accepted; requirements that violate the ADA reasonable-accommodation framework; postings that solicit personal financial information from applicants.
• Job posters are responsible for wage/hour compliance, non-discrimination, licensure verification, background checks, tax reporting, accuracy, and all employment-law obligations. We are not an employment agency, talent broker, or staffing agency, and we charge no fee to applicants.

Services and items

• Service providers represent that they hold any license, certification, or credential required to lawfully offer the service in the buyer’s jurisdiction. We do not vouch for licensure or credentialing.
• Item sellers may not list: controlled substances; prescription medications; expired medications; biohazardous or sharps materials; diagnostic devices without FDA clearance proof; items obtained from a facility without facility authorization; counterfeit or misbranded items.
• Buyers and sellers transact at their own risk. We do not operate an escrow, and chargeback support is limited to what Stripe and the cardholder’s issuing bank provide.

Photos and uploaded content

• Listing photos and Connect attachments must not contain patient names, room numbers, monitor banners, chart screenshots, armbands, badges, MRN labels, or any other patient identifier. We reserve the right to remove without notice any listing whose photos appear to contain PHI, and to apply the inbound-PHI handling protocol described in Privacy Policy § 10.
• You represent that you own or have license to all content you submit (text, photos, screenshots, audio). The licence you grant us in that content, what you promise about it, and how long the licence lasts are set out in section 11 (“Intellectual property and your content”), which governs all content you submit anywhere in the Service.
• EXIF metadata (geolocation, device identifier, original timestamp) is stripped from uploaded photos on-device before they leave your device. Visible image content is not modified by us; you remain responsible for what is visible in the frame.

Disputes between users and B2B account billing

• We are not a party to transactions between users, are not responsible for outcomes, and provide no escrow.
• Employer, Union, Business, and School subscriptions cancel from the same account-management UI in one tap. We do not impose retention calls, win-back funnels, mandatory hold periods, or asymmetric cancellation friction on B2B accounts — the FTC click-to-cancel posture applies to all subscription tiers, consumer and B2B, equally.

DMCA & designated agent

If you believe content on the Service infringes your copyright, send a DMCA-compliant notice (17 U.S.C. § 512(c)(3)) to our designated agent registered with the US Copyright Office:

• Designated agent: RN PocketPal Copyright Agent
• Email: dmca@rnpocketpal.com
• Mail: Mailing address available upon verified legal request.
• Copyright Office record: The public DMCA agent record will be updated when formal registration is complete.

Counter-notices are accepted under § 512(g). Repeat infringers will have their accounts terminated under our repeat-infringer policy.

Moderation, removal, and preservation

We may remove, moderate, suspend, label, restrict, or preserve content (including preserving for legal process) where needed for safety, abuse prevention, fraud prevention, intellectual-property enforcement, legal compliance, or enforcement of these terms. Marketplace messages, Connect posts, and community reports are not channels for clinical care, handoffs, urgent messages, or patient-specific communication.

User-generated marketplace and community content is moderated for safety, abuse, fraud, and legal compliance.

Facility and nursing-school ratings are informational and may be incomplete, outdated, or unavailable. The RNPocketPal Score and any ranking are RN PocketPal’s own opinion, generated by a transparent methodology that combines publicly available datasets with user-submitted opinions. They are not verified facts, and they are not an endorsement, accreditation, certification, credentialing, or recommendation of any facility, employer, or program. We display the per-factor breakdown and data sources so you can evaluate the inputs yourself. Individual user ratings reflect that user’s own opinion and experience.

Do not submit patient stories, PHI, defamatory statements, confidential employer materials, or information obtained in violation of policy or law. A facility, employer, or school may request correction of a factual input — or flag a rating it believes is inaccurate or abusive — by emailing support@rnpocketpal.com with subject [RATING DISPUTE]. We review these requests and correct or remove content where appropriate.

Legal Reference and Unionize content is general educational information, not legal advice, labor representation, bargaining representation, attorney-client communication, or a substitute for a nurse-licensed attorney, union representative, state board, or employer policy. RN PocketPal is not a law firm, union, or bargaining representative.

For active investigations, license actions, discipline, malpractice claims, criminal allegations, subpoenas, contract disputes, or urgent labor matters, contact qualified counsel or your authorized representative.

Unionize tools — additional disclosures

Not a certified election. Any anonymous strike-authorization poll, ratification poll, working-conditions survey, or steward inbox feature offered through Unionize is an organizing aid and not a legally binding vote, a certified election under the National Labor Relations Act, or a substitute for any procedure required by the National Labor Relations Board. Results reflect responses from self-selected RN PocketPal users who chose to participate, not a verified bargaining-unit vote.

Anonymity is best-effort, not absolute. Where Unionize features are marked “anonymous,” we make reasonable engineering efforts to avoid storing user-identifying metadata alongside responses. Anonymity is not guaranteed against a valid subpoena, court order, search warrant, or other lawful legal process compelling production of records we still hold.

NLRA protections. Employee discussion of wages, working conditions, and collective action is generally protected concerted activity under Section 7 of the National Labor Relations Act. Employer retaliation against employees for protected concerted activity is unlawful. If you experience retaliation, you may file an unfair labor practice charge with the National Labor Relations Board at nlrb.gov. RN PocketPal does not file charges on your behalf and is not your representative for any NLRB or state labor board proceeding.

Right-to-work and state law variations. Some states have right-to-work laws, public-sector restrictions on strikes, or other labor-law variations that affect how Unionize content applies in your jurisdiction. We do not customize Unionize content for every state. You are responsible for understanding your state’s labor laws, your collective-bargaining agreement (if any), and your employer’s policies before taking action based on anything you read in Unionize.

Labor-law content is general educational reference and may not reflect every state, facility, or bargaining-unit rule.

The Service, including the rhythm question banks and atlas, the exam and practice-question banks, the brain-sheet UI, all graphics, copy, and the RN PocketPal name and logo, is owned by Charles Enterprises, LLC or its licensors and is protected by US and international copyright, trademark, and other intellectual-property laws. The RNPOCKETPAL mark is registered or pending in International Class 9 (downloadable mobile applications).

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. All other rights are reserved.

11.1 Content that stays on your device

Brain sheets, notes, calculations, shift logs, and other work you create in the App and never submit to a shared surface stay on your device. That content is yours, we claim no ownership of it, and we do not receive or store a copy of it. If you turn on an optional backup, sync, or account-backed feature that transmits it to us, it stops being device-only content and becomes Your Content under 11.2.

11.2 Your Content, and the license you give us

“Your Content” means anything you submit, post, upload, or transmit to a part of the Service that we host, store, or show to anyone other than you — including Marketplace listings and messages, Connect posts and comments, profiles and profile photos, facility and school ratings and reviews, rhythm-strip contributions, question feedback and reported content errors, community and Unionize discussion posts, support tickets, and anything you send us through a form.

You keep ownership of Your Content. You grant us a non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable license to host, store, cache, back up, reproduce, transmit, adapt, reformat, resize, transcode, excerpt, translate, publicly display, publicly perform, and distribute Your Content, and to create derivative works of it, solely for these purposes: operating, providing, securing, and improving the Service; showing Your Content to the audience you chose; moderating it and enforcing these terms; complying with law; and creating de-identified or aggregated data as described in 11.4. The sublicense right exists so that we can use ordinary infrastructure — content-delivery networks, storage and backup providers, and the app stores — not so that we can license Your Content to unrelated third parties.

We will not use Your Content in advertising or marketing without asking you first. If we want to feature a post, listing, review, or rhythm contribution in promotional material, on our social channels, in app-store screenshots, or anywhere on the Website outside the product surface where you posted it, we will ask your permission separately and you are free to say no.

11.3 How long the license lasts

The license in 11.2 ends when you delete Your Content or your account, except that: (a) copies already distributed to, saved by, or shared with other users under the sharing settings you chose remain subject to it; (b) copies retained in routine backups, logs, or caches remain subject to it until those are overwritten on the normal retention cycle described in our Privacy Policy; and (c) content we are required to preserve for legal, safety, fraud-prevention, or dispute-resolution reasons remains subject to it for as long as that obligation lasts. We are not obliged to keep a copy of Your Content for you, and deletion may be irreversible.

11.4 De-identified and aggregated data

We may create de-identified or aggregated data from Your Content and from how the Service is used, and use that data without restriction, including to improve the Service and to publish statistics. De-identified data will not identify you, and we will not attempt to re-identify it or permit others to do so. This does not apply to unintended protected health information, which is handled only under Privacy Policy § 10 and is never used for product improvement, analytics, marketing, or model training.

11.5 What you promise about Your Content

• You own Your Content, or you have every right and permission needed to submit it and to grant the license in 11.2.
• Your Content contains no protected health information and no patient, facility, barcode, monitor-banner, badge, armband, MRN, or chart identifier — see section 6.
• Your Content does not infringe anyone’s copyright, trademark, privacy, publicity, contract, or other rights, and does not breach your employer’s policies, a confidentiality or non-disparagement agreement you are bound by, or any law.
• Your Content is not unlawful, defamatory, harassing, discriminatory, deceptive, or malicious code, and is not an attempt to impersonate anyone.

To the fullest extent permitted by law, you waive — and agree not to assert against us or against anyone acting under the license in 11.2 — any moral rights, rights of attribution or integrity, or equivalent rights you may hold in Your Content, solely to the extent needed for the uses that license permits. Where those rights cannot be waived, you agree not to object to our reformatting, resizing, excerpting, or moderating Your Content in the ordinary operation of the Service.

11.6 We are not obliged to publish or keep anything

We may refuse, remove, quarantine, redact, downrank, restrict access to, or decline to publish any of Your Content at any time, with or without notice, including for the reasons described in section 8. We have no obligation to store, back up, or return Your Content.

11.7 Feedback

If you send us an idea, suggestion, bug report, feature request, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation, attribution, or compensation to you. Please do not send us feedback that you consider confidential or that belongs to someone else.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or that the clinical outputs are accurate in any specific case. You agree to verify every clinically relevant output before acting on it. The Service is a tool, not a substitute for clinical judgment.

To the maximum extent permitted by law, RN PocketPal will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the Service. Our total cumulative liability for any claim related to the Service is limited to the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Some jurisdictions don’t allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In those jurisdictions, the above limitations apply only to the extent permitted.

You agree to defend and indemnify RN PocketPal and its officers, employees, and agents from any claim, loss, or liability (including reasonable attorneys’ fees) arising from (a) your use of the Service in violation of these terms, (b) your violation of any third party’s rights, (c) any content you submit through the Service that includes PHI in violation of section 6, or (d) any marketplace, employment, community, labor, or facility-rating submission you make.

We will update these terms as the product evolves. When we make a material change, we will post the new terms here with a new “Last updated” date and, for material changes, give 30 days’ notice in the App and on the Website. Continued use of the Service after the effective date means you accept the changes.

Who this agreement is between. In this section, “we” and “us” mean Charles Enterprises, LLC and, if you obtained the App from Google Play, Tech Genius Solutions Ltd. Each entity is a party to this arbitration agreement, each may enforce it, and each is bound by it as to you.

Governing law. These terms, and any dispute arising out of them or your use of the Service, are governed by applicable U.S. federal law (including the Federal Arbitration Act) and by the laws of the State of Maryland, without regard to conflict-of-laws principles. This choice applies whichever RN PocketPal entity you contracted with: Tech Genius Solutions Ltd agrees that Maryland law and the Federal Arbitration Act govern disputes with Android users, and consents to arbitration and to the courts identified in “Exceptions” below on the same terms as Charles Enterprises, LLC. This choice of law does not deprive you of the protection of any mandatory consumer-protection rule of the country or state where you live that cannot be overridden by agreement.

Talk to us first. Most concerns can be resolved quickly, and this is a required first step before either of us starts arbitration. Send a written notice of the dispute to support@rnpocketpal.com with the subject [LEGAL], describing the issue and the relief you want. We’ll make a good-faith effort to resolve it within 30 days. If we can’t, either of us may begin arbitration as described below.

Binding arbitration. Except for the claims described in “Exceptions” below, you and Charles Enterprises, LLC agree that any dispute, claim, or controversy arising out of or relating to these terms or the Service will be resolved by final and binding arbitration on an individual basis, rather than in court. This includes disputes about the formation, scope, or enforceability of this arbitration agreement, except that a court (not an arbitrator) decides the enforceability of the “Class-action and jury waiver” below.

How arbitration works. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these terms. The arbitrator’s decision is binding and may be entered as a judgment in any court with jurisdiction. Unless you and we agree otherwise, any in-person hearing will take place in the U.S. county where you live, and small claims may be handled by phone or in writing. For any claim seeking $10,000 or less, we will reimburse your share of the AAA filing fees unless the arbitrator finds the claim was frivolous. The arbitrator may award the same individual relief a court could, and no more.

Class-action and jury waiver. You and Charles Enterprises, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. You and we also waive any right to a jury trial. If this specific class-action waiver is found unenforceable as to a particular claim, then that claim — and only that claim — will be severed and proceed in court; the rest of this arbitration agreement still applies.

Exceptions. This arbitration agreement does not apply to: (a) an individual claim brought in small-claims court, so long as it stays in that court on an individual basis; or (b) a request for an injunction or other equitable relief to stop actual or threatened infringement or misuse of intellectual property or confidential information, which either party may seek in a court of competent jurisdiction. For those court matters, each party consents to venue and personal jurisdiction in the state or federal courts with proper jurisdiction over the parties and the claim.

Your right to opt out. You can decline this arbitration agreement (and the class-action and jury waiver) by emailing support@rnpocketpal.com with the subject [ARBITRATION OPT-OUT] within 30 days of first accepting these terms, and including your name and the email associated with your account. Opting out won’t affect any other part of these terms or your use of the Service. If you opt out, disputes will be resolved in court as described in “Exceptions.”

Coordinated and mass filings. If 25 or more demands for arbitration are filed against us raising substantially similar claims, and those claimants are represented by the same or coordinated counsel, all such demands will be administered under the AAA Mass Arbitration Supplementary Rules and resolved in staged batches of no more than 50 at a time. The parties will select an equal number of bellwether cases from each batch, and the limitations period for every demand still in the queue is tolled while earlier batches proceed. After each batch, the parties will attempt in good faith — including through mediation — to resolve the remaining demands. Nothing in this paragraph prevents any individual claimant from opting out under “Your right to opt out” below or from bringing an individual claim in small-claims court.

If you are not in the United States. If you are a consumer resident in the European Union, the European Economic Area, the United Kingdom, or any other jurisdiction whose law makes pre-dispute arbitration agreements or class-action waivers unenforceable against consumers, then this arbitration agreement and the class-action and jury waiver do not apply to you. You may bring proceedings in the courts of your country of residence, and the mandatory consumer law of that country applies to the extent it conflicts with anything in this section.

Changes to this section. If we materially change this arbitration agreement after you accept it, we will give you notice and you will have 30 days from that notice to reject the change by emailing support@rnpocketpal.com with the subject [ARBITRATION OPT-OUT]. Rejecting a change keeps the version you last accepted in force. No change applies retroactively to a dispute of which we already had actual notice.

Survival. This section survives the end of these terms, the deletion of your account, and any termination or suspension of your access to the Service.

Time to bring a claim. To the extent permitted by law, any claim relating to the Service must be filed within one year after it arises, or it is permanently barred.

The following provisions apply specifically when you use the App on an Apple device obtained through the Apple App Store. These provisions are required by Apple under Schedule 2 of the Apple Developer Program License Agreement and supplement (do not replace) the other terms in this EULA.

17.1 Acknowledgement

You acknowledge and agree that this EULA is concluded between you and Charles Enterprises, LLC, and not with Apple Inc. (“Apple”). Charles Enterprises, LLC, not Apple, is solely responsible for the App and the content thereof. This EULA may not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the effective date of this EULA, which you acknowledge you have had the opportunity to review.

17.2 Scope of license

The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing where enabled by Charles Enterprises, LLC. Family Sharing is currently not enabled for the RN PocketPal App; this is a deliberate choice because the App is a professional clinical tool, not a consumer product.

17.3 Maintenance and support

Charles Enterprises, LLC is solely responsible for providing any maintenance and support services with respect to the App, as specified in this EULA or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

17.4 Warranty

Charles Enterprises, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in section 12 of this EULA. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Charles Enterprises, LLC.

17.5 Product claims

You and Charles Enterprises, LLC acknowledge that Charles Enterprises, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App 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 the App’s use of the HealthKit and HomeKit frameworks (RN PocketPal does not use HealthKit or HomeKit).

17.6 Intellectual property rights

You and Charles Enterprises, LLC acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Charles Enterprises, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

17.7 Legal compliance

You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.8 Developer name and address

Direct any questions, complaints, or claims to: Charles Enterprises, LLC · support@rnpocketpal.com · mailing address available upon verified legal request.

17.9 Third-party terms

You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement when using the App on a cellular connection).

17.10 Third-party beneficiary

You and Charles Enterprises, LLC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

Section 17 is the Apple-specific Schedule 2 EULA addendum. It is required by Apple for any custom EULA used in place of Apple’s standard EULA. If you obtained the App through Google Play or another distribution channel, section 17 does not apply to you and the rest of this document governs your use. The Android app on Google Play is published and distributed by Tech Genius Solutions Ltd (a separate legal entity, registered in [COUNSEL CONFIRM: jurisdiction of incorporation]); the iOS app on the Apple App Store and the Website are published and operated by Charles Enterprises, LLC (a Maryland limited liability company). Section 1 explains which of the two you are contracting with, and section 16 applies the same governing law and dispute process to both.

For questions about these terms:

• Email: support@rnpocketpal.com
• Mail: Mailing address available upon verified legal request.

Governing law, binding arbitration, the class-action and jury waiver, and how to opt out are covered in Section 16.