IMPORTANT - READ CAREFULLY: By downloading, installing, accessing, or using the inVivo mobile application (the "App"), you agree to be bound by these Terms of Use and Disclosure ("Agreement"). If you do not agree to all the terms of this Agreement, do not download, install, or use the App.

1. License Grant and Restrictions

Banana Medical Technologies, LLC ("Company," "we," "our," or "us") grants you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the App on a supported device solely for lawful, internal, non-commercial use in accordance with this Agreement.

You may not:

• Copy, reproduce, modify, or create derivative works from the App;
• Decompile, reverse engineer, disassemble, or attempt to derive the source code;
• Sell, rent, lease, sublicense, distribute, or otherwise transfer any rights in the App;
• Use the App for any purpose that is unlawful, harmful, or prohibited by this Agreement.

2. Intellectual Property Rights

All content, source code, algorithms, design, functionality, data models, and associated intellectual property rights in and to the App are and shall remain the sole and exclusive property of Banana Medical Technologies, LLC and are protected by U.S. and international intellectual property laws.

No rights or licenses are granted to you except as expressly set forth in this Agreement.

3. Modifications to the Agreement

We reserve the right to modify, update, or replace this Agreement at any time in our sole discretion. Material changes will be notified through the App or via app store update descriptions. Continued use of the App after any such changes constitutes your acceptance of the updated Agreement.

4. Data Collection and Use

By using the App, you agree and consent that Banana Medical Technologies, LLC may collect, use, store, and process anonymized and non-personally identifiable data generated through your use of the App for analytics, performance optimization, product development, and research.

We do not collect personal health information or protected health information (PHI) under HIPAA.

You may contact us to request deletion of collected data by emailing: support@bananamed.com.

5. Regulatory and Medical Disclaimers

WARNING: This App has not been evaluated, reviewed, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority. It is provided "AS IS" for research, educational, and non-clinical purposes only.

You expressly agree and acknowledge that:

• The App is not a medical device;
• The App must not be used on human subjects under any circumstances;
• The App is not intended to diagnose, treat, cure, or prevent any disease or medical condition;
• The App must not be used in clinical workflows or decision-making;
• No clinical or therapeutic decisions may be based on data, simulations, or outputs from the App.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Banana Medical Technologies, LLC and its officers, directors, employees, agents, affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of data, loss of profits, personal injury, wrongful death, or medical malpractice arising from your use or misuse of the App.

Total cumulative liability under this Agreement shall not exceed one U.S. dollar (US $1.00), regardless of the form or cause of action.

7. Indemnification

You agree to indemnify, defend, and hold harmless Banana Medical Technologies, LLC and its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App;
• Your violation of this Agreement or applicable law;
• Your use of the App in violation of regulatory or clinical boundaries.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflict of laws principles. You agree to the exclusive jurisdiction of the courts located in Virginia, USA for all disputes arising out of or relating to this Agreement or your use of the App.

9. App Store and Google Play Store Compliance

This App is distributed through the Apple App Store and Google Play Store. You acknowledge that:

• Apple Inc. and Google LLC are not parties to this Agreement;
• Apple and Google are not responsible for the App's maintenance, support, or legal compliance;
• Any claims related to the App must be directed solely to Banana Medical Technologies, LLC at support@bananamed.com.

10. Termination

This Agreement is effective until terminated by you or Banana Medical Technologies, LLC. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies.

11. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect.

BY DOWNLOADING, INSTALLING, OR USING THE INVIVO APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.