End User License Agreement

Effective Date: August 13, 2025

This End User License Agreement (“Agreement”) is a legal contract between you (“User” or “you”) and Aventusoft, LLC (“Aventusoft,” “we,” “our,” or “us”), a company based in Boca Raton, Florida, governing your use of the HEMOTAG® medical device, the Aventusoft mobile application (“App”), and any related software or services provided by Aventusoft (collectively, the “Licensed Application”).

For purposes of this Agreement, “User” means either (a) a patient who has been prescribed or otherwise authorized by a licensed healthcare provider to use the HEMOTAG® device and Licensed Application, or (b) a licensed healthcare provider or authorized clinical staff member using the device and Licensed Application in the course of providing patient care.

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

License Grant

Aventusoft grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Licensed Application solely in connection with the HEMOTAG® medical device and only for its intended purposes, as directed by a licensed healthcare provider. This license is personal to you, conditioned on your compliance with this Agreement, and does not convey any rights not expressly granted herein. You may not assign, transfer, sublicense, rent, lease, or otherwise make the Licensed Application available to any third party without Aventusoft’s prior written consent. All rights not expressly granted to you are reserved by Aventusoft.]

Prohibited Uses

You agree not to, and will not permit others to:

  1. Modify or Tamper with the Device or Software
    1. Alter, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Licensed Application or any firmware in the HEMOTAG® device, except where expressly permitted by applicable law.
    2. Disable, bypass, or circumvent any security or encryption measures.
  2. Misuse for Unauthorized Medical Purposes
    1. Use the Licensed Application or HEMOTAG® device for any purpose other than monitoring as directed by a licensed healthcare provider.
    2. For patients: use the device or application to monitor anyone other than yourself unless expressly authorized by your healthcare provider.
    3. For providers: use the device or application on a patient without proper consent or outside your professional scope of practice.
  3. Integrate with Unapproved Systems
    1. Connect or integrate the HEMOTAG® device or Licensed Application with any third-party software, system, or device that has not been expressly approved in writing by Aventusoft.
  4. Interfere with Device or Network Operations
    1. Introduce viruses, malware, or other harmful code.
    2. Perform any action that may damage, disable, or impair the operation of the Licensed Application, HEMOTAG® device, or any related systems.
  5. Unauthorized Data Access or Use
    1. Access, use, copy, or disclose any data except as permitted by law, this Agreement, and (where applicable) the patient’s healthcare provider.
    2. For providers: transmit patient data in violation of HIPAA, applicable privacy laws, or your organization’s policies.
  6. Unlawful, Fraudulent, or Harmful Activities
    1. Use the Licensed Application or HEMOTAG® device in any manner that violates applicable law or regulation, including export control laws.
    2. Use it for any fraudulent purpose, to misrepresent medical data, or to mislead others.
  7. You further agree not to (i) use the Licensed Application or any output thereof for benchmarking, competitive analysis, or developing competing products; (ii) extract, mine, or analyze data for commercial or non-clinical purposes; or (iii) use the Licensed Application in life-support, emergency, or other critical-care settings unless expressly authorized in writing by Aventusoft

Ownership

The Licensed Application is licensed, not sold, to you. Aventusoft and its licensors retain all rights, title, and interest in and to the Licensed Application, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Any feedback, suggestions, or improvements you provide shall be deemed assigned to Aventusoft and may be used by Aventusoft without restriction or compensation

Updates

Aventusoft may, from time to time, provide updates, upgrades, or new versions of the Licensed Application, which may include bug fixes, enhancements, or new features. Such updates will be subject to this Agreement unless accompanied by a separate license. Aventusoft is not obligated to provide ongoing support or updates. Certain updates may be mandatory for continued operation of the Licensed Application. Aventusoft reserves the right to disable prior versions once an update is made available.

Medical Disclaimer

The Licensed Application and any data provided through it are for informational and monitoring purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Aventusoft does not monitor, validate, or interpret your medical data, and disclaims all responsibility for any reliance placed on device outputs. The Licensed Application must be used only under the active supervision of a qualified healthcare provider, and you assume all risks associated with reliance on such data

Data Collection and Privacy

Your use of the Licensed Application is subject to the Aventusoft Privacy Policy, which explains how we collect, use, and protect your information, including data collected through device usage and analytics. By using the Licensed Application, you consent to such collection and use. Aventusoft may also collect and use de-identified and aggregated data for research, development, product improvement, and commercial purposes. Aventusoft may retain data after termination of this Agreement as permitted by applicable law. You are solely responsible for complying with local privacy and consent requirements applicable to your use of the Licensed Application

If you are a U.S. user, certain information collected may constitute protected health information (‘PHI’) under the Health Insurance Portability and Accountability Act of 1996 (‘HIPAA’). Aventusoft will handle such PHI in accordance with applicable law, including HIPAA and related regulations.

Termination

This Agreement is effective until terminated by you or Aventusoft. Aventusoft may terminate or suspend this Agreement, or your access to the Licensed Application, at any time for convenience or if misuse or breach is suspected. Your rights under this Agreement will terminate immediately without notice from Aventusoft if you fail to comply with its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices.

Upon termination, your right to access the Licensed Application ceases immediately, and Aventusoft may delete or anonymize any personal information in accordance with its Privacy Policy and applicable law.

Export Control and Compliance

You agree to comply with all applicable export laws and regulations and not to export or re-export the Licensed Application to any jurisdiction prohibited by law.

Force Majeure

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, labor disputes, acts of government, internet or utility outages, or pandemics.

Disclaimer of Warranties

The Licensed Application is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Aventusoft does not warrant that the Licensed Application will operate without interruption or be error-free. Aventusoft does not guarantee compatibility with all hardware, networks, or third-party services, and shall not be responsible for the acts or omissions of third-party providers (including wireless carriers, app stores, or cloud hosting services).

Limitation of Liability

To the maximum extent permitted by law, Aventusoft shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Licensed Application, even if advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so some provisions may not apply to you. In no event shall Aventusoft’s total liability arising out of or related to this Agreement exceed the greater of (i) one hundred U.S. dollars ($100) or (ii) the amount you paid to Aventusoft for the Licensed Application or HEMOTAG® device giving rise to the claim.

User Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must use the Licensed Application and HEMOTAG® device only as directed by a qualified healthcare provider. You are solely responsible for (i) ensuring that the device is properly maintained and updated, (ii) using the Licensed Application only on secure networks and compatible systems, and (iii) all risks associated with reliance on device outputs. 

Indemnification

You agree to indemnify, defend, and hold harmless Aventusoft, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Licensed Application, violation of this Agreement, or infringement of any third-party rights. This indemnification includes, without limitation, any claims by patients or third parties, and any regulatory actions, investigations, penalties, or fines arising out of your conduct or misuse of the Licensed Application.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida. You waive any right to a jury trial or to participate in a class action. Any dispute shall be resolved by binding arbitration in Palm Beach County, Florida, under the rules of the American Arbitration Association, except where prohibited by law.

Contact Information

For questions regarding this Agreement, please contact:

Aventusoft, LLC

3651 FAU Blvd, Suite 300

Boca Raton, FL, 33431 USA

Email: compliance@aventusoft.com