End User License Agreement

This End User License Agreement (this "Agreement" or "EULA") is a legal agreement between you ("you" or "End-User") and SharkByte LLC, a LOUISIANA limited liability company ("SharkByte," "we," "us," or "our"), governing your use of the SharkByte mobile application and any related services, content, features, or updates made available through it (collectively, the "Licensed Application").

By downloading, installing, accessing, or using the Licensed Application, you agree to be bound by this Agreement. If you do not agree, do not download, install, access, or use the Licensed Application.

1. Acknowledgement

You and SharkByte acknowledge that this Agreement is concluded between you and SharkByte only, and not with Apple Inc. ("Apple"), and that SharkByte, not Apple, is solely responsible for the Licensed Application and its content. The usage rules in this Agreement are not in conflict with the Apple Media Services Terms and Conditions as of the effective date of this Agreement, which SharkByte acknowledges it has had the opportunity to review.

2. Scope of License

The Licensed Application is licensed, not sold, to you. Subject to your compliance with this Agreement, SharkByte grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Licensed Application on any Apple-branded products 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 Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. The license is for your personal, non-commercial use only.

SharkByte reserves all rights in and to the Licensed Application not expressly granted to you. The terms of this Agreement govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as any upgrades that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license.

3. Restrictions

You may not, and may not permit any third party to:

• (a) copy (except as permitted by this license and the Usage Rules), modify, adapt, translate, or create derivative works of the Licensed Application, any updates, or any part thereof, except as and only to the extent such restriction is prohibited by applicable law or permitted by the licensing terms governing any open-sourced components included with the Licensed Application;
• (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying models, model weights, calibration parameters, algorithms, or data pipelines of the Licensed Application, except to the extent such restriction is prohibited by applicable law;
• (c) rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Licensed Application or any rights in it, and if you sell your Apple device to a third party, you must remove the Licensed Application from it before doing so;
• (d) distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time, except as provided by the Usage Rules;
• (e) scrape, crawl, harvest, bulk-export, or systematically extract data, projections, probabilities, or other content from the Licensed Application, whether manually or by automated means;
• (f) republish, resell, redistribute, or commercially exploit any content or model output obtained through the Licensed Application, including by feeding it into any competing product, service, or machine-learning system;
• (g) circumvent, disable, or interfere with any security, access-control, subscription, or entitlement feature of the Licensed Application;
• (h) use the Licensed Application in violation of any applicable law or regulation; or
• (i) remove or obscure any proprietary notices in the Licensed Application.

4. Maintenance and Support

SharkByte is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You and SharkByte acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. Support requests may be directed to the contact information in Section 19.

5. Warranty

SharkByte 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, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be SharkByte's sole responsibility.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ALL CONTENT, ANALYTICS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SHARKBYTE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHARKBYTE OR ITS REPRESENTATIVES CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

6. Product Claims

You and SharkByte acknowledge that SharkByte, not Apple, is responsible for addressing any claims of yours or any third party relating to the Licensed Application or your possession and/or use of the 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 the Licensed Application's use of the HealthKit and HomeKit frameworks, if applicable. Nothing in this Agreement limits SharkByte's liability to you beyond what is permitted by applicable law.

7. Intellectual Property Rights

The Licensed Application, including its software, models, model outputs as compiled and presented, designs, text, graphics, logos, and trademarks, is owned by SharkByte or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. Except for the limited license in Section 2, no rights are granted to you.

You and SharkByte acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, SharkByte, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

If you provide feedback, suggestions, or ideas about the Licensed Application, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

8. Legal Compliance; Export

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, including the U.S. Treasury Department's Specially Designated Nationals List and the U.S. Department of Commerce's Denied Persons List and Entity List. You may not use, export, or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law.

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, you are responsible for ensuring that your use of the Licensed Application does not violate your wireless data service agreement or any other agreement with your mobile carrier, internet service provider, or device provider, and for any data or other charges they impose.

10. Third-Party Beneficiary

You and SharkByte acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your 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 you as a third-party beneficiary thereof.

11. Accounts and Eligibility

You must be at least 17 years old to use the Licensed Application. Certain features require a registered account. You agree to provide accurate information, to keep your credentials confidential, and that you are responsible for all activity under your account. We may suspend or terminate accounts that violate this Agreement.

12. Subscriptions and Payment

(a) Certain features of the Licensed Application require a paid auto-renewing subscription ("Subscription"). Subscriptions are billed through your Apple App Store account and are governed by Apple's payment terms in addition to this Agreement.

(b) Auto-Renewal. Your Subscription automatically renews unless you cancel it at least 24 hours before the end of the current billing period. Your Apple account will be charged for renewal within 24 hours prior to the end of the current period at the then-current rate.

(c) Managing and Cancelling. You may manage or cancel your Subscription at any time in your Apple App Store account settings. Cancellation takes effect at the end of the then-current billing period; you retain access until then.

(d) Refunds. All charges are processed by Apple. Refund requests are subject to Apple's policies and must be directed to Apple; SharkByte cannot issue refunds for App Store purchases.

(e) Price Changes. We may change Subscription pricing. Apple will notify you of price changes and, where required, obtain your consent before applying them to a renewal.

(f) Free Trials and Introductory Offers. If offered, any free trial or introductory pricing converts to a paid Subscription at the stated rate unless cancelled at least 24 hours before the trial or offer period ends. Eligibility for introductory offers is determined by Apple's systems.

13. Analytics Content; No Gambling; No Advice

(a) The Licensed Application provides statistical models, projections, probabilities, rankings, and historical data relating to sporting events (collectively, "Analytics"). Analytics are opinion and analysis generated by proprietary and third-party models. They are inherently uncertain, may be wrong, and are provided for informational and entertainment purposes only.

(b) SharkByte is not a sportsbook, casino, fantasy sports operator, or gambling service. The Licensed Application does not accept, place, process, or facilitate wagers, and no funds are staked or won through it. Any decision to place a wager occurs entirely outside the Licensed Application, at a third-party operator, and at your sole risk and responsibility.

(c) No Advice. Nothing in the Licensed Application constitutes financial, investment, legal, or gambling advice, or a recommendation to place or refrain from placing any wager. You are solely responsible for your decisions and for complying with all laws applicable to you, including age and location restrictions on gambling in your jurisdiction.

(d) No Guarantee. We do not warrant the accuracy, completeness, timeliness, or profitability of any Analytics. Past model performance does not guarantee future results. You may lose money gambling; never gamble with money you cannot afford to lose.

(e) Responsible Play. If you or someone you know has a gambling problem, help is available. Call or text 1-800-GAMBLER (US National Problem Gambling Helpline), available 24/7.

14. External Services and Third-Party Data

The Licensed Application may display or link to SharkByte's and/or third-party content, odds, statistics, websites, and services, including sportsbooks and data providers (collectively, "External Services"). You agree to use External Services at your sole risk. SharkByte is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for them. Data displayed by the Licensed Application or any External Service, including sports statistics, odds, and lines, is for general informational purposes only, may be delayed, incomplete, or inaccurate, and is not guaranteed by SharkByte; the offering operator's posted terms control. You will not use External Services in any manner inconsistent with this Agreement or that infringes the intellectual property rights of SharkByte or any third party, and you agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity. External Services may not be available in all languages or locations, and you are solely responsible for compliance with applicable laws when using them. SharkByte reserves the right to change, suspend, remove, disable, or impose access restrictions on any External Services at any time without notice or liability to you.

15. Privacy

Our collection and use of information in connection with the Licensed Application is described in our Privacy Policy, available at sharkbyte.bet/privacy-policy, which is incorporated into this Agreement. You agree that we may collect and use technical data and related information — including technical information about your device, system and application software, and peripherals — gathered periodically to facilitate software updates, product support, analytics, and improvement of our products and services, in a form that does not personally identify you except as described in the Privacy Policy.

16. Term; Termination

This Agreement is effective until terminated. Your rights under it terminate automatically, without notice, if you fail to comply with any of its terms. You may terminate it at any time by deleting the Licensed Application and cancelling any active Subscription. We may suspend or terminate your access at any time for violation of this Agreement or to protect the Licensed Application, other users, or third parties. Sections 3, 5, 6, 7, 10, 13, and 18 through 21 survive termination.

17. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SHARKBYTE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER — INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, GAMBLING LOSSES, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION OR ANY ANALYTICS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHARKBYTE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT LIMITS SHARKBYTE'S LIABILITY BEYOND WHAT IS PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless SharkByte and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Licensed Application, your violation of this Agreement, or your violation of any law or the rights of any third party.

19. Governing Law; Dispute Resolution

(a) This Agreement is governed by the laws of the State of Louisiana, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

(b) Binding Arbitration. Except for claims eligible for small-claims court and requests for injunctive relief for intellectual-property misuse, any dispute arising out of or relating to this Agreement or the Licensed Application will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in St. Charles Parish, Louisiana or remotely. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver. You and SharkByte agree that disputes will be resolved only on an individual basis and not as a class, consolidated, or representative action. If this waiver is found unenforceable, the arbitration provision in this Section 19 is void.

(d) If the arbitration provision is found unenforceable, you and SharkByte consent to the exclusive jurisdiction of the state and federal courts located in UNITED STATES, LOUISIANA.

20. U.S. Government End Users

The Licensed Application and related documentation are "Commercial Items," as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with those provisions, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights granted to all other end users under this Agreement. Unpublished rights are reserved under the copyright laws of the United States.

21. General

(a) Changes. We may update this Agreement from time to time. Material changes will be notified through the Licensed Application or other reasonable means, and continued use after the effective date constitutes acceptance.

(b) Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain in effect.

(c) No Waiver. Our failure to enforce any provision is not a waiver of it.

(d) Assignment. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets.

(e) Entire Agreement. This Agreement, together with the Privacy Policy, is the entire agreement between you and SharkByte regarding the Licensed Application.