User License Agreement (EULA)

1. Introduction

Applicable to users aged 18 and above:

Before accepting and using the App (hereinafter referred to as the “App”), please read carefully this End User License Agreement and Terms of Use (hereinafter referred to as the “Agreement”).

By accepting this Agreement and using the App, you acknowledge that you have reached the legal age required to enter into a binding contract, and that you agree to this Agreement on your own behalf, or on behalf of another person for whom you are legally authorized to act and to bind under this Agreement.

If you are an individual installing, using, or otherwise accessing the App on behalf of, or for the benefit of, a company, partnership, or other affiliated entity (hereinafter, the “Entity”), you agree to this Agreement both in your individual capacity and on behalf of such Entity. You further represent and warrant that you have the legal authority to bind that Entity to this Agreement. The terms “you,” “your,” or “user” as used herein shall collectively refer to both the individual using the App and any such Entity.

This Agreement constitutes a legally binding contract between you and Eaglenos Sciences , Inc. Co., Ltd. (hereinafter referred to as “we,” “us,” or “our”). This Agreement specifically governs your use of the App in Paraguay and other Latin American countries or regions.

This Agreement covers:

The installation and use of the App (including any updates, upgrades, error corrections, or modified versions) on your authorized mobile device; and
Any documentation, instructions, manuals, specifications, or other written or electronic materials provided by us that describe or relate to the App (collectively, the “Documentation”).

Any terms contained in your purchase orders or other documents issued by or on behalf of you that attempt to supplement, conflict with, or replace this Agreement, or propose alternative or contradictory provisions, shall be expressly rejected and shall be null and void.

Headings in this Agreement are provided for convenience only and shall not limit or define the interpretation of any provision herein.

Your use of the App is subject to your acceptance of this Agreement. By clicking “Accept” or by using the App, you expressly agree to be bound by all its terms.

Your use of the App is also governed by the Eaglenos CGMApp Privacy Policy (“Privacy Policy”), which explains how we collect, protect, retain, store, use, and disclose your personal information—including health-related data—in accordance with applicable laws, including Law No. 1682/01 on the Protection of Personal Data of Paraguay and other relevant regional data protection regulations.

2. Background Information on the Eaglenos CGMApp

We have developed and hold the relevant marketing authorization/registration for this App. You may connect your mobile device to the sensor in order to collect data via the App. The App uses the collected data to calculate your glucose values and may upload them to a cloud-based data storage system.

This App is not compatible with all mobile devices. Please review the instructions for use prior to downloading to verify whether your operating system and device are compatible.

3. No Medical Advice

For users: This App is intended for use together with the sensor to measure glucose levels in the interstitial fluid of adults aged 18 years and older for self-management of blood glucose. It must not be used as the sole basis for therapy adjustments. Any medical decisions should always be made in consultation with qualified healthcare professionals.

4. Use of Third-Party Products

You acknowledge that while using this App, you may also use third-party products or services not provided by us, for which we bear no responsibility or liability. These include, but are not limited to, your mobile device and its operating system (e.g., Apple iOS or Google Android).

You are solely responsible for obtaining and maintaining all hardware, telecommunication services, consumables, or other equipment not supplied by us but necessary to access or use the App, and for paying all related fees.

Neither we nor any App developer shall be responsible for any third-party products. Any third-party products licensed or made available to you shall be governed by the terms and conditions of their own purchase agreements, software licenses, or service agreements, including electronic terms or click-through agreements accepted upon download or purchase.

Authorized Systems and Products

You may choose to link your App account with other authorized third-party applications or devices. We are responsible for the data we transmit to such authorized third parties only until it leaves the App. We assume no responsibility for data received from such third parties or for your decision to link your App account to those services. Your use of such authorized third-party products shall be governed exclusively by their own agreements, licenses, and privacy notices.

Unauthorized Systems and Products

Be aware that some third parties may claim to offer services, software, or mobile applications compatible with the sensor or App without our authorization. We do not recommend using the sensor or App with any unauthorized third-party products. If you choose to do so, you assume full responsibility and risk. We disclaim all liability for such products and make no representations as to their effectiveness, accuracy, or reliability. The App can only calculate and display data received from sensors and authorized devices; it does not receive glucose or other data from non-authorized devices, nor does it transmit such data to the cloud storage system.

5. Ownership

You acknowledge and agree that all legal rights, title, and interests in and to the App, the Documentation, and all related enhancements, updates, modifications, customizations, and improvements are and shall remain the exclusive property of us, our affiliates, suppliers, and licensors, including all intellectual property rights therein, whether registered or unregistered, and effective worldwide.

The term “Intellectual Property Rights” includes, without limitation, all copyrights, patents, trade secrets, trade dress, trademarks, goodwill, design rights, technology, artwork, software (including source code), database rights, and any similar or equivalent rights existing now or in the future anywhere in the world.

You agree not to perform any act that could impair or challenge such rights.

The App and the cloud data storage system contain proprietary and confidential information protected under applicable intellectual property and copyright laws. The structure, organization, and code of the App constitute valuable trade secrets. You agree not to use such proprietary materials beyond the scope expressly permitted in this Agreement.

Unauthorized copying of the App or cloud system, or violation of the restrictions set forth herein, shall automatically terminate this Agreement and constitute irreparable harm to us and our licensors, entitling us to injunctive relief in addition to monetary damages.

“Eaglenos CGM” and related logos (including product packaging and sensor trade dress) are trademarks owned by us (“Eaglenos Trademarks”). All goodwill derived from use of the Eaglenos Trademarks shall inure solely to our benefit. Other trademarks appearing within the App remain the property of their respective owners.

No license or right, express or implied, is granted to you under any of these marks. Any use of the Eaglenos Trademarks or trade dress requires our prior written consent.

Certain materials within the App may include third-party intellectual property, the rights to which remain vested in the respective third-party licensors.

Nothing in this Agreement transfers to you any ownership or intellectual property rights in or to the App, the Documentation, or any other technology, data, or materials. All rights not expressly granted herein are reserved by us, our affiliates, and licensors.

6. Rights Granted to You

Access to the App and the cloud data storage system is provided under a license, not a sale.

Subject to your compliance with this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to install and use the App on one mobile device owned or controlled by you for your personal, non-commercial purposes, and to access the cloud data storage system.

Your use of the cloud storage system is also governed by the applicable cloud system terms and by any rules of the relevant app store providers (including but not limited to Google Play and Apple App Store).

If you fail to comply with any term of this Agreement, you must immediately cease using the App and uninstall or delete it from your device.

This license does not transfer to you any ownership, title, or proprietary interest in the App or its intellectual property. All goodwill resulting from your use of our intellectual property shall belong exclusively to us and our licensors.

No rights are granted except as expressly stated in this Agreement.

7. Use of the Application

You may use the App only for the purposes expressly permitted in this Agreement and in accordance with all applicable laws, regulations, and ethical standards.

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

Reverse engineer, decompile, disassemble, modify, adapt, translate, or create derivative works of the App, the cloud data storage system, or any portion thereof;

Remove, alter, or obscure any proprietary notices, trademarks, or labels contained in or displayed by the App or the cloud data system;

Circumvent any security or technical protection mechanisms embedded in the App or related systems;

Use the App in any way that could interfere with, damage, disable, or impair the App’s operation or any connected networks;

Use the App to infringe, misappropriate, or violate any third party’s intellectual property, privacy, or other legal rights;

Use the App in any unlawful, fraudulent, or deceptive manner, or for purposes not authorized under this Agreement;

Use, reproduce, sell, lease, sublicense, distribute, or otherwise make the App or Documentation available to any third party for commercial gain;

Use any automated system (including robots, spiders, or offline readers) to access the App in a manner that sends more requests to our servers than a human could reasonably produce in the same period by using a conventional web browser;

Collect or harvest any personally identifiable information of other users of the App; or

Use the App or the cloud system in a way that may endanger health, safety, or data integrity.

Any breach of this Article shall constitute a material violation of this Agreement and may result in immediate termination of your license.

8. Updates and Maintenance

We may, from time to time, release updates, upgrades, bug fixes, or new versions of the App (“Updates”).

You agree that these Updates may be automatically installed without additional notice or consent. Alternatively, certain Updates may require your active acceptance or installation. You must install all Updates promptly to ensure proper functioning and data accuracy.

Failure to install Updates may result in partial or total loss of functionality, security vulnerabilities, or data inaccuracies, for which we assume no responsibility.

We may, at our discretion, modify, suspend, or discontinue any part of the App, the cloud storage system, or related services without prior notice, provided such actions comply with applicable law.

We shall not be liable for any modification, suspension, or discontinuation of the App or any related features, except as required by mandatory law.

9. Registration and Account

Certain features of the App may require you to create an account. When registering, you must provide accurate, complete, and up-to-date information.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must not share your username or password with any third party. If you believe your account has been compromised, you must notify us immediately at the contact address provided in this Agreement.

We reserve the right to suspend or terminate your account if we reasonably believe that you have violated this Agreement or applicable law.

You may delete your account at any time through the App’s user interface or by submitting a written request, in accordance with the Privacy Policy.

10. Data Collection, Processing, and Storage

The App collects, processes, and stores glucose data and related health information in accordance with the Privacy Policy.

You acknowledge and agree that:

Your personal data, including health-related information, will be processed for the purpose of providing, maintaining, and improving the App and related services;

Your data may be transmitted to and stored in cloud servers, which may be located outside of your country of residence, subject to applicable data protection laws;

We shall take reasonable technical and organizational measures to safeguard your data against loss, unauthorized access, alteration, or disclosure;

We may anonymize or aggregate data for statistical or research purposes, provided that such data cannot identify you personally;

Your use of the App constitutes your explicit consent to the collection and processing of your personal data, including sensitive health data, as described in the Privacy Policy and in compliance with Law No. 1682/01 of Paraguay and any other applicable local data protection legislation.

We may retain your data for as long as necessary to fulfill the purposes outlined above, or as required by law.

For further details, please refer to the Privacy Policy available within the App.

11. Third-Party App Stores

If you obtained the App from a third-party app store (such as Google Play or Apple App Store), the following provisions apply:

This Agreement is solely between you and us, not with the app store operator;

The app store operator is not responsible for providing any maintenance or support services for the App;

In the event of any failure of the App to conform to any applicable warranty, you may notify the app store operator, and the app store operator may refund the purchase price (if any), but shall have no further obligation to you;

To the maximum extent permitted by law, the app store operator shall have no other warranty obligations or liability with respect to the App;

You must comply with all applicable terms of service of the app store.

12. User-Generated Content

Some functions of the App may allow you to upload, post, or share information, data, or other content (“User Content”).

You retain ownership of all rights in your User Content; however, by uploading or submitting it through the App, you grant us and our affiliates a non-exclusive, worldwide, royalty-free, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, distribute, and display such content for the purposes of providing and improving the App and related services.

You warrant that:

You own or have the necessary rights and permissions to grant the license described above;

Your User Content does not infringe any intellectual property, privacy, or other rights of third parties; and

Your User Content complies with all applicable laws and does not contain false, misleading, or unlawful material.

We reserve the right, but not the obligation, to monitor, remove, or disable access to any User Content that we determine (in our sole discretion) violates this Agreement or applicable law.

We assume no responsibility or liability for any User Content uploaded or shared by you or others.

13. Disclaimer of Warranties

13.1 General Disclaimer
To the fullest extent permitted by applicable law, the App, the cloud data storage system, and the Documentation are provided “as is” and “as available”, without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.

We make no representation or warranty that:

The App will operate without interruption or error;
The App or the cloud storage system will be free from viruses, malware, or other harmful components;
The App will meet your specific requirements or achieve any particular medical or health outcomes; or
Any data or results generated by the App will be accurate, complete, or suitable for medical decision-making.

You acknowledge that the App is designed for informational and self-monitoring purposes only and is not a substitute for professional medical judgment or diagnosis.

13.2 No Responsibility for Third-Party Services
We assume no responsibility for any third-party software, hardware, products, or services that may interact with or be used together with the App.

13.3 Jurisdictional Limitations
Certain jurisdictions may not allow the exclusion of implied warranties; in such cases, some of the above exclusions may not apply to you. However, any implied warranties that cannot be excluded shall be limited in duration to the shortest period permitted by law.

14. Limitation of Liability

14.1 General Limitation
To the maximum extent permitted by applicable law, under no circumstances shall we, our affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any:

Indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, or other intangible losses;
Medical injury or health-related harmresulting from reliance on data or information obtained through the App;
System failure, delay, or data corruptionresulting from telecommunications or network issues, user negligence, or unauthorized access; or
Any damages exceeding the total amount you paid (if any)for using the App within the twelve (12) months preceding the event giving rise to the claim.

14.2 Data Loss and Accuracy
You acknowledge that data transmission over the internet and cloud systems involves inherent risks. We shall not be liable for any loss, corruption, or unauthorized access to your data, except where such damage results directly from our gross negligence or willful misconduct.

14.3 Applicability
Some jurisdictions may not allow the exclusion or limitation of certain types of damages. In such cases, our liability shall be limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your violation of this Agreement or applicable law;
Your use or misuse of the App or the cloud data storage system;
Any infringement or alleged infringement of third-party rights, including intellectual property or privacy rights, arising from your actions or content; or
Any negligence, fraud, or intentional misconduct committed by you.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this Article, in which case you agree to cooperate fully in the defense.

16. Term and Termination

16.1 Term
This Agreement shall remain in effect from the date you first accept it and shall continue until terminated in accordance with this Article.

16.2 Termination by You
You may terminate this Agreement at any time by deleting the App from your mobile device and ceasing all use of the App and the cloud data storage system.

16.3 Termination by Us
We may terminate this Agreement immediately, with or without notice, if you:

Breach any provision of this Agreement;
Engage in any activity that may harm or interfere with the App, its data, or our reputation; or
Fail to comply with applicable laws or third-party platform rules.

We may also terminate this Agreement if we decide to discontinue the App or cease its availability in your country or region, provided that we comply with any legal notice requirements.

16.4 Effect of Termination
Upon termination:

All rights and licenses granted to you under this Agreement shall immediately cease;
You must uninstall and delete all copies of the App and related materials;
Sections relating to intellectual property, data protection, limitation of liability, indemnification, governing law, and dispute resolutionshall survive termination.

Termination shall not affect any rights or obligations accrued prior to the termination date.

17. Export Control and Compliance

You agree to comply with all applicable export control laws and regulations, including those of the People’s Republic of China, the Republic of Paraguay, and any other relevant jurisdiction.

You shall not directly or indirectly export, re-export, transfer, or use the App:

In violation of any applicable export control or trade sanction laws;
In, or for the benefit of, any country or entity subject to embargoes or sanctions;
For any purpose related to weapons, military, or other prohibited uses under international law.

By using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or entity designated by applicable law.

18. Governing Law and Dispute Resolution

18.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Paraguay, without regard to its conflict of law principles.

18.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, breach, or termination, shall first be resolved through good-faith negotiations between the parties.

If no resolution is reached within thirty (30) days, either party may submit the dispute to binding arbitration in Asunción, Paraguay, conducted in Spanish, under the Rules of the Arbitration and Mediation Center of Paraguay (CAM). The arbitration shall be final and binding on both parties.

Each party shall bear its own legal costs and expenses, except as otherwise provided by the arbitral tribunal.

18.3 Severability
If any provision of this Agreement is held invalid or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect.

18.4 Entire Agreement
This Agreement constitutes the entire agreement between you and us concerning the subject matter herein and supersedes all prior oral or written understandings or communications.

18.5 No Waiver
Our failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

18.6 Language
This Agreement is executed in both Chinese and English. In the event of any inconsistency or dispute regarding interpretation, the Chinese version shall prevail.

19. Notices

All notices or communications under this Agreement shall be made in writing and delivered by one of the following methods:

By electronic mail to the address associated with your user account;
By in-app notifications or electronic messages displayed within the App; or
By registered mail or courier service to the last known physical address provided by either party.

Notices shall be deemed received:

Immediately upon electronic transmission (if sent by email or in-app notification); or
Five (5) business days after posting (if sent by registered mail or courier).

You are responsible for ensuring that your contact information is accurate and up to date.

20. Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement (except payment obligations) due to events beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, earthquakes, floods, fires, or storms;
War, terrorism, civil unrest, or armed conflict;
Governmental actions, embargoes, or legal restrictions;
Epidemics, pandemics, or public health emergencies;
Power outages, network failures, or telecommunications disruptions.

If a force majeure event continues for more than ninety (90) consecutive days, either party may terminate this Agreement upon written notice to the other party, without liability for such termination.

21. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under this Agreement, whether voluntarily, by operation of law, or otherwise, without our prior written consent.

Any attempted assignment in violation of this clause shall be null and void.

We may assign or transfer this Agreement, in whole or in part, to:

Any of our affiliates or subsidiaries;
Any successor entity resulting from a merger, acquisition, or restructuring; or
Any third party acquiring all or substantially all of our assets or business related to the App.

This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

22. Relationship of the Parties

Nothing in this Agreement shall be construed to create any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

You acknowledge that your use of the App is solely as an independent end user, and no provision of this Agreement grants you any authority to make commitments or representations on our behalf.

23. Compliance with Laws

You agree to use the App and the cloud data storage system only in accordance with all applicable laws, regulations, and administrative provisions of the Republic of Paraguay and any other jurisdiction where you use the App.

You shall not use the App in any manner that violates:

Local laws on personal data protection, privacy, or electronic communications;
Any applicable medical device or health data regulations; or
Any international conventions restricting unlawful use of digital or medical technologies.

If your use of the App violates any applicable law or regulation, you must immediately cease such use and notify us.

24. Contact Information

If you have any questions, concerns, or complaints regarding this Agreement or the App, please contact us through one of the following channels:

Company Name: Eaglenos Sciences , Inc. Co., Ltd.
Registered Address: [Insert Official Address]
Customer Service Email: [Insert Service Email]
Data Protection Officer (DPO): [Insert Contact Name or Department]
Phone: [Insert International Contact Number]

We will review and respond to your inquiry within a reasonable period and in accordance with applicable legal requirements.

Final Provision

By clicking “Accept,” downloading, installing, or using the eaglenos CGM App, you acknowledge that you have read, understood, and agreed to be bound by all terms of this End User License Agreement and the accompanying Privacy Policy.