Mobile Application End User License Agreement
Effective Date: July 15, 2026
This End User License Agreement (“EULA” or “Agreement”) is a legal agreement between you (“User,” “you,” or “your”) and Veret Company, LLC, a Florida limited liability company doing business as Onmetrica (“Onmetrica,” “Company,” “we,” “us,” or “our”).
This Agreement governs your license to download, install, access, and use the Onmetrica mobile application, including its software, interfaces, features, content, updates, and related documentation (collectively, the “App”).
The App incorporates the TenTwo Method and supports structured calibration, reflection, method-based visual evaluation, generated results and reports, progress review, and authorized professional-support workflows.
The App is licensed, not sold, to you.
By downloading, installing, activating, accessing, or using the App, or by selecting an “Agree,” “Accept,” or similar option presented in connection with the App, you confirm that:
• you have read and understood this Agreement;
• you agree to be bound by this Agreement;
• you are at least eighteen years old; and
• you have the legal capacity and authority to accept this Agreement.
If you do not agree to this Agreement, do not download, install, activate, access, or use the App.
1. Related Agreements and Policies
Your use of the App may also be governed by:
• the Onmetrica Mobile Application Terms;
• the Onmetrica Mobile Application Privacy Policy;
• the Onmetrica Account & Data Deletion notice;
• applicable onboarding and access notices;
• the Participation & Feedback Agreement & Non-Disclosure Terms, if you voluntarily participate in the Onmetrica Professional Program;
• applicable professional membership and checkout terms; and
• any separate written agreement expressly applicable to your use of the App.
This EULA governs the license to install and use the App.
The Onmetrica Mobile Application Terms govern broader conduct, access, services, and App-use requirements.
The Mobile Application Privacy Policy explains how personal information is collected, used, disclosed, retained, and protected.
The Participation & Feedback Agreement & Non-Disclosure Terms govern optional Program participation, program-related feedback, and applicable confidentiality obligations.
Where a separate agreement expressly applies to a particular activity, the more specific agreement controls that activity.
2. Eligibility
The App is intended only for individuals who are at least eighteen years old.
You may not use the App if:
• you are under eighteen;
• you are legally prohibited from using the App;
• you lack authority to accept this Agreement;
• your use would violate applicable law; or
• your access has been suspended or terminated by Onmetrica.
If you use the App on behalf of a business, professional practice, institution, or other organization, you represent that you are authorized to accept this Agreement on behalf of that entity.
3. App Purpose
The App is designed to support:
• structured self-reflection;
• emotional and cognitive calibration;
• current-state, past-pattern, and desired-direction reflection;
• method-based visual evaluation;
• generated results and reports;
• progress comparison and re-evaluation;
• authorized professional and invited-user workflows;
• product-supported professional discussion; and
• non-commercial stage product, usability, and method-implementation improvement.
The App is not intended to provide medical, psychiatric, psychological, therapeutic, legal, financial, or emergency services.
4. License Grant
Subject to your continued compliance with this Agreement, Onmetrica grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the App:
• on a compatible mobile device that you own, control, or are otherwise authorized to use;
• for personal use or an authorized professional-support workflow;
• only through an authorized account or activation process;
• only for the App’s intended purposes; and
• only as permitted by this Agreement and applicable platform rules.
The license does not transfer ownership of the App or any intellectual-property right to you.
All rights not expressly granted are reserved by Onmetrica and its licensors.
5. Apple App Store License Scope
If you obtained the App through Apple’s App Store, the license is limited to use of the App on Apple-branded products that you own or control and as permitted by the applicable Apple Media Services Terms and Usage Rules.
The App may be accessed by other accounts associated with you through Family Sharing, volume purchasing, or another Apple-supported sharing feature only to the extent permitted by Apple’s applicable terms.
This Agreement is between you and Onmetrica, not Apple Inc. or its subsidiaries.
Onmetrica, and not Apple, is solely responsible for the App and its content, subject to the limitations contained in this Agreement and applicable law.
6. Google Play License Scope
If you obtained the App through Google Play, your use of the App must also comply with:
• the Google Play Terms of Service;
• the terms applicable to your Google account and device;
• applicable Google Play policies; and
• any additional terms presented through Google Play.
This Agreement is between you and Onmetrica.
Google is not responsible for providing maintenance or support for the App except to the extent expressly required by applicable law or Google’s own terms.
7. Authorized Professional Use
Onmetrica may authorize psychologists, psychotherapists, counselors, coaches, mentors, consultants, educators, facilitators, and other professionals to use specified
App features within approved professional-support workflows.
Authorized professional use does not grant the right to:
• resell or sublicense the App;
• provide unauthorized third parties with access;
• present Onmetrica as a professional credential or certification;
• represent that Onmetrica provides licensed clinical supervision;
• represent App results as medical or psychological diagnoses;
• use Onmetrica outside the professional’s lawful scope of practice; or
• use protected Onmetrica materials to create a competing product or training program.
Professional users remain solely responsible for:
• maintaining required licenses, registrations, insurance, qualifications, and certifications;
• acting within their lawful and ethical scope of practice;
• obtaining any required client notices, permissions, or consents;
• protecting client confidentiality;
• independently reviewing App results;
• exercising professional judgment; and
• complying with applicable laws, ethics rules, contracts, and recordkeeping obligations.
Onmetrica does not direct or control a professional’s treatment, coaching, mentoring, educational, or advisory decisions.
8. Activation Codes and Controlled Access
The App may be publicly available for download but require a unique invitation or activation code before its features can be used.
An activation code:
• is personal to the authorized recipient;
• may not be sold, transferred, published, or shared without authorization;
• does not create ownership or continuing-access rights;
• may be limited to a particular role or workflow;
• may expire or be deactivated;
• may be subject to onboarding requirements; and
• may be suspended or revoked in accordance with this Agreement.
Downloading the App does not guarantee activation, eligibility, or continued access.
Onmetrica may decline, limit, suspend, or discontinue access where reasonably necessary for:
• security;
• legal compliance;
• unauthorized use;
• breach of an applicable agreement;
• technical or operational requirements;
• Program administration;
• discontinuation of a feature or activity; or
• protection of users, professionals, Onmetrica, or third parties.
9. Accounts and Security
You are responsible for:
• providing accurate account information;
• protecting your password and credentials;
• maintaining the security of your device;
• keeping activation codes confidential;
• preventing unauthorized access;
• promptly notifying Onmetrica of suspected unauthorized activity; and
• ensuring that information entered through your account is lawful and authorized.
You may not:
• impersonate another person;
• use another person’s account;
• create an account using false information;
• bypass an access restriction;
• reactivate a deactivated code without authorization;
• permit unauthorized persons to use your credentials; or
• interfere with account or authentication systems.
To the extent permitted by law, you are responsible for activity conducted through your account or credentials.
10. License Restrictions
Except where applicable law expressly permits an activity that cannot lawfully be restricted, you may not:
• copy, reproduce, modify, adapt, translate, or create derivative works of the App;
• reverse engineer, decompile, disassemble, decode, or attempt to derive the App’s source code;
• extract, reproduce, or reconstruct proprietary algorithms, logic, scoring systems, report structures, visual systems, or nonpublic method implementation;
• bypass, disable, interfere with, or circumvent security or access controls;
• remove or alter copyright, trademark, confidentiality, or proprietary notices;
• sell, rent, lease, lend, sublicense, distribute, publish, or transfer the App;
• operate the App as an unauthorized service bureau or shared commercial platform;
• use automated tools to scrape, extract, or collect App data or content;
• introduce malware, harmful code, or unauthorized scripts;
• probe or test system vulnerabilities without written authorization;
• use the App to develop or train a competing product using protected Onmetrica materials;
• use nonpublic App content for unauthorized training, certification, publication, or commercial education;
• use the App to conduct human-subject research without Onmetrica’s written authorization and any legally required approvals;
• use the App for surveillance, discrimination, manipulation, harassment, or unlawful profiling;
• use the App in connection with an unlawful or harmful activity;
• use the App for emergency, crisis, or safety-critical decision-making; or
• assist another person in performing a prohibited activity.
11. Intellectual Property
The App and its protected elements are owned by or licensed to Veret Company, LLC.
Protected elements may include:
• the Onmetrica name and branding;
• the TenTwo Method;
• proprietary calibration and reflection frameworks;
• SECF and PB Diagnostic implementations;
• visual structures and diagrams;
• report formats;
• interfaces and user experience;
• text, graphics, images, and audiovisual materials;
• software, code, architecture, and databases;
• scoring, mapping, and processing logic;
• documentation;
• nonpublic Project materials; and
• other proprietary content.
The App and its content are protected to the extent available under applicable copyright, trademark, trade-secret, unfair-competition, contract, and other intellectual-property laws.
This Agreement does not grant you:
• ownership of the App;
• rights in Onmetrica trademarks;
• rights to teach or certify others in proprietary Onmetrica materials;
• rights to commercialize App content;
• rights to reproduce nonpublic method implementation; or
• any implied license beyond the limited license expressly granted.
12. User Content
“User Content” means information that you submit, enter, upload, create, or store through the App, including:
• calibration responses;
• body-reflection responses;
• self-reflection entries;
• notes;
• professional comments;
• progress records;
• feedback; and
• other user-generated content.
As between you and Onmetrica, you retain ownership of your original User Content, subject to any rights held by another person and the rights granted in this Agreement.
You grant Onmetrica a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use User Content only as reasonably necessary to:
• provide requested App functions;
• generate results and reports;
• maintain authorized workflows;
• save progress and history;
• provide support;
• secure and protect the App;
• comply with law;
• enforce applicable agreements; and
• perform other purposes described in the Mobile Application Privacy Policy.
This operational license ends when the relevant information is deleted, except where limited retention is permitted or required under the Privacy Policy or applicable law.
Onmetrica will not publicly use identifiable User Content in a publication, testimonial, marketing communication, public case study, or research presentation without separate authorization.
13. User Responsibility For Content
You represent and warrant that:
• you have the right and authority to submit your User Content;
• your User Content does not violate another person’s rights;
• your User Content is not unlawful, fraudulent, or malicious;
• you have any required permission to enter information about another person; and
• your submission complies with applicable confidentiality and professional obligations.
Unless expressly authorized through a designated workflow and written agreement, you must not enter:
• medical records;
• psychotherapy notes;
• protected health information requiring a Business Associate Agreement;
• emergency or crisis information;
• identifiable third-party client files;
• information concerning a minor;
• information that you are legally or professionally prohibited from disclosing; or
• another person’s confidential information without authorization.
14. Feedback
You may voluntarily provide suggestions, comments, error reports, feature requests, usability observations, or other product-related feedback (“Feedback”).
Onmetrica may use product-related Feedback for:
• product improvement;
• usability improvement;
• quality assurance;
• App development;
• feature planning;
• method-implementation improvement; and
• related internal business purposes.
Providing Feedback does not transfer ownership of your independently developed professional knowledge or materials.
Nothing in this Agreement transfers to Onmetrica ownership of your:
• pre-existing or independently developed methodologies;
• clinical approaches;
• coaching or mentoring approaches;
• educational materials;
• professional frameworks;
• original concepts;
• professional know-how; or
• other independently developed intellectual property.
This protection does not authorize you to use or disclose Onmetrica’s confidential information or intellectual property.
Feedback submitted through the optional Program is additionally governed by the Participation & Feedback Agreement & Non-Disclosure Terms.
15. Optional Program
Ordinary App access and optional Program participation are separate activities.
Downloading, activating, or using the App does not automatically enroll you in the Onmetrica Program.
Purchasing a professional membership does not automatically enroll you in the Program.
The current Program is intended primarily to support:
• product improvement;
• usability improvement;
• quality assurance;
• structured feedback; and
• improvement of the TenTwo Method’s implementation within the App.
Voluntary Program participation may require separate acceptance of the Participation & Feedback Agreement & Non-Disclosure Terms.
Program participation does not create:
• employment;
• compensation rights;
• ownership rights;
• equity or investment rights;
• governance rights;
• partnership;
• joint venture;
• agency;
• guaranteed continued participation; or
• guaranteed future App access.
Any separately organized university, institutional, or regulated research activity will require separate documentation and consent procedures.
16. Professional Memberships
Paid professional memberships offered through the Onmetrica website are separate from the license granted under this Agreement.
Unless a specific written offer states otherwise:
• App access is not purchased through a professional membership;
• membership fees do not purchase ownership of the App;
• deleting an App account does not automatically cancel a membership;
• canceling a membership does not automatically delete App data; and
• membership benefits are governed by the applicable checkout terms and Website Terms of Use.
17. Privacy
Your use of the App is subject to the Onmetrica Mobile Application Privacy Policy.
The Privacy Policy explains:
• categories of information collected;
• purposes of processing;
• authorized professional workflows;
• service-provider disclosures;
• consumer health-data practices;
• retention;
• security;
• privacy rights; and
• account and data-deletion procedures.
Acknowledging the Privacy Policy does not constitute consent to every possible use of information. Onmetrica will request separate consent where required by applicable law or a particular App feature.
18. Account and Data Deletion
You may delete your account through the App or request deletion through the process described in the Onmetrica Account & Data Deletion notice.
Account deletion is permanent and may result in:
• loss of App access;
• deletion of associated App information, subject to lawful retention exceptions;
• deactivation of access codes;
• termination of connected professional-client workflows; and
• inability to recover previously stored results or reports.
Deleting an App account does not automatically:
• cancel a professional membership;
• delete information independently retained by a professional or organization;
• eliminate confidentiality obligations that survive termination; or
• delete information that Onmetrica is legally permitted or required to retain.
19. No Medical or Clinical Service
The App is not a medical device.
The App does not provide:
• medical diagnosis;
• psychological or psychiatric diagnosis;
• psychotherapy;
• counseling;
• medical or mental-health treatment;
• medication recommendations;
• crisis intervention;
• emergency monitoring;
• clinical-risk evaluation; or
• medical advice.
Terms such as “diagnostic,” “assessment,” “evaluation,” “calibration,” “result,” and “report,” when used in the App, describe non-medical, method-based reflection and visual-evaluation functions.
They do not represent medical, psychiatric, or psychological diagnoses.
The App is not a substitute for appropriately qualified medical, psychological, psychiatric, therapeutic, or emergency care.
20. No Emergency or Crisis Use
The App is not designed to:
• detect emergencies;
• monitor a user continuously;
• evaluate suicide or self-harm risk;
• contact emergency services;
• alert a professional automatically;
• provide crisis counseling; or
• intervene in urgent situations.
Do not use the App for emergency or crisis communications.
If you or another person may be in immediate danger or require urgent assistance, contact the appropriate local emergency or crisis service.
Onmetrica does not guarantee that App content or support communications will be reviewed in real time.
21. Emotional and Personal Response Notice
Structured reflection may cause discomfort or bring attention to difficult emotions, memories, relationships, or personal experiences.
You are responsible for determining whether continued use is appropriate for you.
You should stop using the App and seek appropriately qualified assistance if use causes significant distress or if you have concerns requiring professional evaluation or care.
Onmetrica does not monitor your well-being and cannot independently determine whether an App activity is appropriate for your individual circumstances.
22. GENERATED RESULTS AND PROFESSIONAL JUDGMENT
The App may process user inputs through configured logic to generate:
• visualizations;
• summaries;
• reports;
• scores;
• patterns;
• comparisons; or
• other outputs.
These outputs are intended for structured reflection, calibration, informational use, and authorized professional discussion.
Generated outputs:
• are not medical diagnoses;
• are not clinical-risk assessments;
• may contain limitations or errors;
• depend on the information entered;
• should not be treated as independently verified facts; and
• should not serve as the sole basis for a medical, psychological, legal, employment, insurance, or other significant decision.
Professionals remain responsible for independently reviewing information and exercising professional judgment.
23. App Updates and Availability
Onmetrica may provide updates, upgrades, patches, corrections, modifications, or new versions of the App.
Updates may:
• add, change, replace, or remove features;
• modify interfaces or reports;
• address security or technical issues;
• change compatibility requirements;
• require acceptance of updated terms; or
• be necessary for continued use.
Your device or application store may install updates automatically according to your settings.
Onmetrica does not guarantee that:
• every feature will remain available;
• the App will support every device or operating-system version;
• an older App version will continue to function;
• access will be uninterrupted;
• an activation code will remain active indefinitely; or
• the App will be available in every jurisdiction.
24. Maintenance and Support
Onmetrica is solely responsible for providing any maintenance and support services for the App that are required under this Agreement or applicable law.
Apple has no obligation to provide maintenance or support services for the App.
Google has no obligation to provide maintenance or support services for the App except as stated in Google’s applicable terms or required by law.
Support requests may be directed to:
Email: support@onmetrica.com
Telephone: +1 212.06.2303
Onmetrica may modify available support methods and service levels.
25. Third-Party Services and Terms
The App may rely on or connect with third-party services, including:
• Apple;
• Google;
• authentication providers;
• cloud-hosting providers;
• analytics or diagnostic providers;
• notification providers;
• customer-support providers; and
• other operational services.
You must comply with applicable third-party terms when using the App.
Third-party services are governed by their own terms and privacy practices.
Onmetrica is not responsible for an unrelated third party’s independent:
• service availability;
• content;
• data practices;
• security;
• representations; or
• contractual obligations.
26. Open-Source and Third-Party Software
The App may contain open-source or third-party software governed by separate license terms.
To the extent required, applicable third-party notices and license terms will be made available through the App, documentation, or another appropriate location.
If an applicable open-source license grants rights that conflict with a restriction in this Agreement, the open-source license controls solely with respect to the relevant open-source component.
27. Telecommunication and Device Costs
You are responsible for:
• obtaining a compatible device;
• maintaining internet or mobile-data access;
• paying carrier, internet, roaming, or other third-party fees;
• installing required operating-system updates; and
• maintaining appropriate device security.
Onmetrica is not responsible for charges imposed by your carrier, internet provider, device provider, Apple, Google, or another third party.
28. Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.”
ONMETRICA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• RELIABILITY;
• AVAILABILITY;
• SECURITY;
• PROFESSIONAL SUITABILITY;
• RESULTS; AND
• UNINTERRUPTED OR ERROR-FREE OPERATION.
ONMETRICA DOES NOT WARRANT THAT:
• THE APP WILL MEET EVERY USER’S NEEDS;
• RESULTS WILL BE ACCURATE OR COMPLETE;
• THE APP WILL PRODUCE A PARTICULAR PERSONAL OR PROFESSIONAL OUTCOME;
• DEFECTS WILL BE CORRECTED IMMEDIATELY;
• THE APP WILL ALWAYS BE AVAILABLE;
• DATA WILL NEVER BE LOST;
• THE APP WILL BE COMPATIBLE WITH EVERY DEVICE; OR
• USE OF THE APP WILL IMPROVE A MEDICAL, PSYCHOLOGICAL, PROFESSIONAL, OR PERSONAL CONDITION.
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.
29. Apple Warranty Provision
If you obtained the App through Apple’s App Store and the App fails to conform to an applicable warranty that cannot lawfully be disclaimed, you may notify Apple.
Apple may refund the purchase price paid for the App, if any, in accordance with Apple’s applicable policies.
To the maximum extent permitted by law, Apple has no other warranty obligation concerning the App.
Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty are the responsibility of Onmetrica to the extent required under this Agreement or applicable law.
30. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONMETRICA AND ITS AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR:
• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• EXEMPLARY OR PUNITIVE DAMAGES;
• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS OPPORTUNITIES;
• LOSS OF DATA;
• BUSINESS INTERRUPTION;
• REPUTATIONAL HARM;
• EMOTIONAL DISTRESS;
• PROFESSIONAL DECISIONS;
• CLIENT OUTCOMES;
• RELIANCE ON GENERATED RESULTS;
• LOSS ARISING FROM UNAUTHORIZED ACCOUNT USE; OR
• AN UNRELATED THIRD PARTY’S ACTIONS.
This limitation applies regardless of whether the claim arises in contract, tort, negligence, strict liability, statute, or another legal theory, even if Onmetrica was advised of the possibility of damage.
To the maximum extent permitted by law, Onmetrica’s total aggregate liability arising from or relating to the App or this Agreement will not exceed the greater of:
• one hundred U.S. dollars; or
• the amount you paid directly for the App during the six months preceding the event giving rise to the claim.
This section does not exclude or limit liability that cannot lawfully be excluded or limited.
31. Product Claims
Onmetrica, not Apple, is responsible for addressing claims made by you or a third party relating to:
• the App;
• possession or use of the App;
• product liability;
• an allegation that the App fails to satisfy an applicable legal or regulatory requirement;
• consumer-protection, privacy, or similar laws; or
• another claim for which responsibility cannot lawfully be disclaimed.
Apple is not responsible for addressing such claims.
For Google Play users, responsibility will be determined under this Agreement, applicable law, and Google’s applicable terms.
32. Intellectual-Property Claims
If a third party claims that the App or your authorized possession or use of the App infringes that third party’s intellectual-property rights, Onmetrica, not Apple, will be responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.
You must promptly notify Onmetrica of such a claim and provide reasonable cooperation.
You may not settle a claim in a manner that imposes liability, admission, or obligation on Onmetrica without Onmetrica’s written consent.
33. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Onmetrica and its affiliates, managers, officers, employees, contractors, licensors, and representatives from claims, liabilities, damages, judgments, losses, and reasonable expenses arising from:
• your material breach of this Agreement;
• your unlawful use of the App;
• your infringement of another person’s rights;
• unauthorized disclosure of confidential or client information;
• content that you were not authorized to submit;
• your misuse of generated App information;
• professional services provided by you;
• your intentional misconduct; or
• activity conducted through your account with your authorization.
This obligation does not apply to the extent a claim arises from Onmetrica’s own unlawful conduct or liability that cannot legally be transferred to you.
Onmetrica may control the defense of a covered claim, and you agree to provide reasonable cooperation.
34. Termination
This Agreement begins when you first accept it, download, install, activate, access, or use the App and continues until terminated.
You may terminate this Agreement by:
• stopping use of the App;
• deleting the App from your devices; and
• deleting your account where applicable.
Onmetrica may suspend or terminate your license or access if:
• you materially violate this Agreement;
• you violate another agreement applicable to your use;
• your use creates a legal, security, or operational risk;
• your access is unauthorized;
• continued access is prohibited by law;
• an application platform requires removal;
• the App or relevant service is discontinued; or
• termination is otherwise reasonably necessary to protect Onmetrica, users, professionals, or third parties.
Upon termination:
• your license ends;
• you must stop using the App;
• you must delete unauthorized copies;
• access credentials may be disabled; and
• App data will be handled according to the Privacy Policy and applicable law.
Sections concerning intellectual property, User Content previously processed, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will remain effective.
35. Export and Sanctions Compliance
You may not download, access, export, re-export, transfer, or use the App in violation of United States export-control or economic-sanctions laws.
You represent and warrant that:
• you are not located in a country or region subject to a comprehensive United States government embargo that prohibits the transaction;
• you are not listed on a United States government prohibited or restricted-party list; and
• you will not use the App for a prohibited end use.
You are responsible for compliance with applicable local laws concerning software use and data transfer.
36. Apple Third-Party Beneficiary
Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement for users who obtained the App through Apple’s App Store.
Upon your acceptance 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.
Except for Apple and its subsidiaries as expressly stated above, this Agreement does not create third-party-beneficiary rights.
37. Changes to This Agreement
Onmetrica may update this Agreement to reflect changes in:
• the App;
• access procedures;
• professional workflows;
• the Program;
• legal requirements;
• security practices;
• platform requirements; or
• business operations.
The “Last Updated” date identifies the most recent revision.
For material changes, Onmetrica may provide notice through:
• the App;
• email;
• an account notice;
• the Onmetrica website; or
• another reasonable method.
Where required by law, Onmetrica will request renewed acceptance before the updated Agreement applies.
If you do not agree to an updated Agreement, you must stop using the App.
38. Electronic Communications
You consent to receive electronic communications reasonably related to:
• this Agreement;
• account administration;
• App access;
• security;
• support;
• legal or policy updates;
• Program activities in which you voluntarily participate; and
• other requested services.
Electronic notices satisfy written-notice requirements to the extent permitted by law.
39. Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this section deprives a consumer of mandatory protections available under the law of the consumer’s place of residence where those protections cannot be waived.
40. Jurisdiction and Venue
Subject to non-waivable consumer rights, any dispute arising from or relating to this Agreement or the App must be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
You and Onmetrica consent to personal jurisdiction and venue in those courts.
Before filing a claim, the parties are encouraged to attempt in good faith to resolve the matter through written communication, except where immediate injunctive or emergency relief is reasonably necessary.
41. Injunctive Relief
Unauthorized use or disclosure of Onmetrica’s intellectual property, confidential information, access credentials, software, or nonpublic materials may cause harm that cannot be adequately remedied by monetary damages.
Onmetrica may seek temporary, preliminary, or permanent injunctive or equitable relief in addition to other available remedies.
42. Assignment
You may not assign or transfer this Agreement or your license without Onmetrica’s prior written consent.
Onmetrica may assign this Agreement in connection with:
• a merger;
• financing;
• reorganization;
• sale of assets;
• transfer of the Onmetrica business;
• change of control; or
• transfer to an affiliate or successor.
43. Severability
If a provision of this Agreement is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
44. Waiver
Failure to enforce a provision of this Agreement does not waive the right to enforce that provision or another provision later.
A waiver is effective only when made in writing by an authorized representative of Onmetrica.
45. Entire Agreement
This Agreement, together with the Onmetrica Mobile Application Terms, Mobile Application Privacy Policy, and any additional agreement expressly applicable to a particular activity, constitutes the agreement governing your license and use of the App.
In the event of a conflict:
• the Participation & Feedback Agreement & Non-Disclosure Terms control optional Program participation and Program confidentiality;
• a separately executed written agreement controls the activity expressly covered by that agreement;
• the Mobile Application Privacy Policy controls the description of personal-information practices;
• the Mobile Application Terms control general App conduct and service use; and
• this EULA controls the software license.
46. Headings and Interpretation
Headings are for convenience only and do not affect interpretation.
The words “including” and “includes” mean “including without limitation.”
A reference to a law or platform term includes amendments and successor provisions where applicable.
47. Contact Information
Questions, complaints, claims, and support requests concerning the App or this Agreement may be directed to:
Veret Company, LLC, DBA Onmetrica
700 S. Rosemary Avenue, Suite 204
West Palm Beach, Florida 33401
United States
Email: support@onmetrica.com
Phone: +1 212.606.2303