XPAL END USER LICENSE AGREEMENT (EULA)

This End User License Agreement ("Agreement") is a legally binding agreement between you ("End User," "you," or "your") and XPAL.com Inc. ("XPAL," "Company," "we," "us," or "our").

This Agreement governs your use of the xPal application across all platforms, including mobile (iOS and Android), desktop (macOS and Windows), and web browsers (the "Application"), along with any related documentation and services.

By downloading, installing, accessing, or using the Application, you:

• Acknowledge that you have read and understand this Agreement
• Represent that you are legally capable of entering into a binding agreement
• Agree to be bound by this Agreement

Subject to your compliance with this Agreement, XPAL grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

• Download and install the Application
• Use the Application solely for personal, non-commercial purposes
• Use the Application on devices that you own or control

You agree not to:

• Copy, reproduce, or distribute the Application except as permitted
• Modify, adapt, translate, or create derivative works
• Reverse engineer, decompile, or attempt to extract source code
• Remove or alter any proprietary notices
• Sell, lease, sublicense, or commercially exploit the Application
• Circumvent or disable security or protection mechanisms

The Application is licensed, not sold.

XPAL retains all rights, title, and interest in and to the Application, including all intellectual property rights.

You acquire no ownership rights beyond the limited license granted.

You agree to use the Application in compliance with all applicable laws.

You must not use the Application to:

• Engage in illegal, fraudulent, or harmful activity
• Transmit abusive, threatening, or unlawful content
• Distribute malware or harmful software
• Violate intellectual property or privacy rights

XPAL is designed to use end-to-end encryption for communications.

Under this model:

• Content is encrypted on the sender’s device
• Intended to be decrypted only on the recipient’s device

• XPAL cannot guarantee absolute security
• Security may be impacted by device compromise, user behavior, or external threats
• XPAL does not monitor encrypted content and relies on user reporting for abuse

Users may report objectionable content through in-app reporting tools.

XPAL may take action including:

• Blocking users
• Suspending or terminating accounts

XPAL collects limited information necessary to operate the Application.

All data practices are governed by the XPAL Privacy Policy.

By using the Application, you consent to the collection and use of information as described in the Privacy Policy.

XPAL may provide updates, including:

• Bug fixes
• Security patches
• New features

• Updates are part of the Application
• XPAL is not obligated to provide updates
• Features may be modified or removed

This Agreement begins when you install or use the Application and continues until terminated.

You may terminate by deleting the Application.

XPAL may terminate or suspend access at any time, with or without notice, including for violations of this Agreement.

Upon termination:

• Your license ends immediately
• You must stop using the Application

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE."

XPAL DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT

• Be uninterrupted or error-free
• Meet your expectations
• Be completely secure

To the maximum extent permitted by law:

XPAL shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, profits, or goodwill.

XPAL’s total liability shall not exceed:

• The amount paid by you in the twelve (12) months preceding the claim, or
• $100 USD, whichever is greater

You agree to indemnify, defend, and hold harmless XPAL and its affiliates from any claims, damages, or expenses arising from:

• Your use of the Application
• Your violation of this Agreement
• Your violation of any third-party rights

The Application may be subject to U.S. export control laws.

You agree to comply with all applicable laws and not use or export the Application in violation of such laws.

XPAL shall not be liable for failure or delay caused by events beyond its control, including:

• Cyberattacks
• Infrastructure failures
• Government actions
• Natural disasters

This Agreement is governed by the laws of the State of California.

Any disputes shall be resolved through binding arbitration on an individual basis.

You waive:

• The right to a jury trial
• Participation in class actions

If any provision is found unenforceable, the remaining provisions will remain in full force.

This Agreement, together with the Privacy Policy and Terms of Service, constitutes the entire agreement between you and XPAL.

Failure to enforce any provision shall not constitute a waiver of rights.