Introduction

BEWISE LLC DBA FITMANAGER.IO

Terms and Conditions Fitmanager's Ai Logger

Welcome to Fitmanager's AI Logger. By using the feature/service, you acknowledge that you have read and understood these terms and conditions (the “Terms”), which incorporate by reference our Privacy Policy, located at https://fitmanager.io/privacy-policy, and agree to be bound by these Terms. These Terms and Conditions are in addition to (to supplement) the Fitmanger General User Terms found here:

https://fitmanager.io/terms

It is your obligation to review these Terms before using the Service. If you do not understand or have questions about these Terms, please stop all use of the Service and contact our support by using the Chat Bubble in the Fitmanager application or emailing support@fitmanager.io. Please read these Terms carefully. By clicking through to signal your acceptance and using the Service and the System, you represent that you have the authority to enter into these Terms on behalf of you and any person accessing the System through your account, and you shall use reasonable efforts to ensure that all of those persons will be bound by these terms. If you and those users do not want to be bound by these terms, you may not use the Service or the System.These Terms are between Bewise LLC DBA Fitmanager.io, a California limited liability company (“Fitmanager's AI Logger”), each Customer, and between Fitmanager's AI Logger and each User, as the case may be. These Terms will be effective as of the date that Customer becomes a “Customer” or the User uses this Feature/Service, as the case may be, (the “Effective Date”). 1. Scope.1.1 These Terms apply only to Fitmanager and do not apply to any

websites, even those controlled by Fitmanager.io, that are linked to the Website. For access to the terms of use or privacy policies of linked websites, Users and Customers should refer to the policies of those websites.1.2 Any changes to these Terms will be effective immediately upon posting to the Website, unless otherwise stated. Fitmanager reserves the right to change the contents of the feature/service at any time, with or without notice.

2. Definitions

2.1 “Content” means any and all material, existing or having existed on the app in any fashion from any origin and in any form, whether digital, electronic, posted, deleted, archived, embedded, or linked or contained in any subpage of the Service or existing as data, designs, text (on every page of the Website, whether editorial, navigational, or instructional), images, graphics (including all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third parties), code or programming (includes both client- side code and server-side code (including compiled or interpreted code in any computer language, databases, etc.) used on the Website), and includes all material that Fitmanager's AI Logger has provided on or as part of the Service or which any Users or Customers have submitted, posted, uploaded, or otherwise provided to the Service.

2.2 “Customer” means the customer who accepted these Terms by clicking the button or link on the Website/App signifying acceptance of these Terms. It can also be referred to as a "User".

2.3 “Services” means any of the products or services provided by or through Fitmanager, including free usage of Ai Logger and/or a paid subscriptions to the System.

2.4 “System” means the Fitmanager software as a service offering, known as Ai Logger, that is offered in connection with the App known as Fitmanager.

2.5 “User” means any person or entity, as the case may be, who accesses the App while not in the role of a “Customer.”

2.6 “Visitor” means any person who is one or more of a User or Customer, as the case may be.

2.7 “Website” means the website or App located at Fitmanager.io.

2.8 "Hosting Location" means the business a User may have received a Fitmanager account from.

3. Service. Using the Fitmanager's AI Logger as a Free User and/or a Paid User (Subscriber) is subject to these terms and conditions. Fitmanager shall provide the Customer with access to the System according to the terms set forth in these Terms. Fitmanager retains all rights in the System, including all rights under the patent, copyright, and trademark laws of the United States or other applicable jurisdictions (“Intellectual Property Rights”). During the course of accepting the terms in these Terms, the Customer may complete the checkout process on https://fitmanager.io/splash?v=, selecting the type of subscription, duration, pricing levels, add- ons, payment method, and other elements comprising the Customer’s subscription (the “Checkout Process”). Free usage of Fitmanager's Ai Logger is also considered part of the "Service" and protected as such.

4. Ownership.

4.1 Ownership of Customer-Furnished Items. The Customer hereby grants to Fitmanager a limited, worldwide, non-transferable, non-exclusive license to use the Customer-Furnished Items as may be reasonably necessary or advisable to perform Fitmanager's AI Logger’s obligations under these Terms.

4.1.1 “Customer-Furnished Items” means the information and data that (1) is owned or controlled by the Customer and (2) is furnished by the Customer to Fitmanager's AI Logger and its integrated services for use in connection with the Customer’s use of the System.

4.1.2 The Customer acknowledges that Fitmanager's AI Logger may have to retransmit and republish some Customer-Furnished Items to third parties, solely as desired by the Customer, for certain features of the System, now or in the future, to function as intended. The Customer

acknowledges that it is the Customer’s responsibility to determine what safeguards or restrictions the Customer wants to place on third parties regarding the use of Customer- Furnished Items.

4.2 Ownership of Inventions. The Customer acknowledges that Fitmanager's performance of its obligations under these Terms may result in Fitmanager's AI Logger, Fitmanager, or its affiliates developing, creating, or using pre-existing, computer programs, software, concepts, methods, processes, including the System, and any improvements, modifications or enhancements made to any of the foregoing items (“Inventions”). Fitmanager will retain all rights in the Inventions, including all Intellectual Property Rights, and the Customer hereby disclaims and waives any rights in any Invention in connection with these Terms.

5. Subscription.

5.1 Subscription. By Upgrading and going through the Checkout Process, the Customer will subscribe for, and Fitmanager will agree to provide, access to those features and functions delivered through the System (the “Subscription”). (a) The System offers the following subscription tiers: Free and Upgrade. Current pricing for these tiers is available in the Users Fitmanager User Profile at participating hosting locations. The pricing formula for the same tier of service is guaranteed for as long as the subscriber maintains the original subscription.

(b) The System offers the following types of subscriptions: .

- If the Customer has subscribed for a subscription duration that includes a renewal feature, the Customer’s subscription will renew each period automatically, subject to the Customer’s payment for such renewed subscription. The customer's subscription will renew on the monthly or annual anniversary of the subscription date. If the Customer wishes to cancel the renewal of a subscription in the Fitmanager App, the Customer must complete the cancellation before the renewal date of that subscription.

- Free trial, converting. If the Customer has subscribed for any subscription that includes a trial period, the Customer must cancel the subscription before the end of the trial period, or the subscription will convert automatically to a paid subscription upon the end of the trial period.

5.2 Additional Terms. The Customer acknowledges the System will be hosted in a shared environment on servers under Fitmanager's control on which the data of other customers and users may be stored. Fitmanager and Fitmanager's AI Logger shall use reasonable efforts to make the System available online to the Customer in a continuous manner (except as set forth in these Terms), to correct services outages in a timely manner, and to minimize periods during which the System cannot be accessed by Customer as a result of circumstances under Fitmanager's control (such as planned maintenance, upgrades, and updates), consistent with standard industry practices and subject to system security requirements.

5.3 Limited Reliance. The System is provided solely for the Customer’s benefit, and Fitmanager's AI Logger does not intend for any person or entity other than the Customer to rely on the System as provided to the Customer. The Customer shall not disclose the System to any person or entity. Fitmanager may immediately terminate or suspend access to the System if Fitmanager believes in good faith that there has been a violation of these Terms. Fitmanager is not obligated to provide notice to the Customer following any such termination or suspension of access.

5.4 Updates. Fitmanager provides Updates, modifications, or enhancements to the System. Any such Updates, modifications, or enhancements will be provided to the Customer as and when they are commercially released. “Update” means a set of procedures or new program code implemented by Fitmanager's AI Logger (1) to correct errors or implement bug fixes in the System, (2) to allow the System to continue to function under-supported versions of an applicable operating system or related software such as web browsers, or under a newly available operating system, or (3) that includes modifications and enhancements to improve the functioning of the System or (4) a change in the level of limited access of free or paid users to transact with the AI service, which may include elimination of features previously provided.

6. Usage.
6.1 GENERAL USE OF THIS SERVICE

(a) Fitmanager hereby grants each User a limited license to view and use the Ai Logger solely as an aid to properly engaging with the App as a User. A User may use the Service and App only in a manner consistent with their bona fide personal needs. (b) A Visitor is responsible for, including being liable to Fitmanager for, (1) any person’s use of the App or Service that is authorized or permitted by the Visitor, including any use or conduct that violates the AUP or other requirements of these Terms applicable to the Visitor; and (2) any use of the System through the Visitor’s account, whether authorized or unauthorized. The Visitor is responsible to, at its discretion, arrange for or establish the liability to the Visitor of any such person for their actions or omissions. (c) A Customer/User shall use reasonable efforts to prevent unauthorized access to the System, including by protecting its passwords and other log-in information. The Customer shall notify Fitmanager promptly following the Customer’s knowledge, awareness, or good-faith suspicion that the Customer’s log-in information has been compromised. (d) The Customer shall notify Fitmanager's AI Logger immediately of any known or suspected unauthorized use of the System or breach of its security and shall use reasonable efforts to halt and remediate any such breach.

(e) The App, the System, and any Services are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website, and their guardians should not permit them to do so.

(f) Individuals older than 13 but under the age of 18 may access the App or System only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and responsible for all of that Visitor’s actions taken on the Website and/or App. These age restrictions are based on applicable law for the benefit of such children.

(g) Fitmanager's Ai Logger is a free service to those who accept these T&Cs and remain Users in accordance with the terms. Use of the Ai Logger will be on a limited basis, and these limits can be adjusted at the discretion of Fitmanager. Paid Users are also subject to Ai transaction limitations.

6.2 RESTRICTIONS ON THE USE OF THE WEBSITE/APP

(a) Any unauthorized use by a User or on their behalf, including as described in this Section 6.2, will automatically terminate the license granted by Fitmanager, and the User may not

thereafter use the App for any purpose.

(b) Except as provided in these Terms or by the App itself, a Visitor may not: (i) use (or plan, encourage or help others to use) the App for any purpose or in any manner that is prohibited by these Terms or by applicable law;(ii) download (other than page caching), excerpt, summarize, copy, or create derivative works from any portion of the App;(iii) gather information from the Website from data mining, robots, spiders, or similar extraction tools;(iv) interfere with the proper operation of the Website/App including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website/App or its servers or network, through the use of bots, Trojan horses, Viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the Website or the use of the Website by any User;(v) circumvent or attempt to circumvent any security or access control technology implemented on the Website or its associated servers and networks; (vi) advertise or otherwise engage in any commercial endeavor, including any pyramid, network marketing, Ponzi, or similar scheme;(vii) impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content; (viii) disrupt the normal flow of communications or affect the ability of any User to use this Website; or(ix) or advocate illegal activity or an intention to commit an illegal act or violate any applicable local, state, national or international law.

6.3 TERMINATION OF ACCESS

(a) A User’s use of this App is not a legal right. Fitmanager reserves the right to suspend or terminate a User’s/Customer's access to the App, use of the Free AI Logger or use of the Paid Ai Logger for any reason or no reason at any time, in Fitmanager's AI Logger’s discretion, without considering the potential ramifications on the User and the User’s activities.

(b) Fitmanager may immediately terminate or suspend any person’s access to the App or the System and all of its features, without advance notice, if Fitmanager's AI Logger believes in good faith that there has been a violation of these Terms or any other applicable agreement. Neither these Terms nor the AUP requires that Fitmanager's AI Logger enforce the AUP or

these Terms against a Customer, a User, or another person. Fitmanager reserves the right to take such action, or no action, as it may determine from time to time.

6.4 User-Generated Content.

(a) The App may allow a User or Customer to post information or data in a variety of forms to dedicated sections of the Website/App, such as support forums or similar message boards. The purpose of these sections, unless otherwise specified, is to support the business of Fitmanager and the related needs of its Users and Customers.

6.5 Information Visitors Provide.

(a) If a Visitor chooses to provide any personal information via this App that is not User- Generated Content, the information will be used only for the purposes described in the Privacy Policy https://fitmanager.io/privacy-policy. The Company may collect or share certain information based on the Visitor’s usage of the App, as described in, and subject to, the Privacy Policy. The information posted to the System is governed by the terms applicable to the System and any applicable Subscription. InBody collected data, the information provided by the user, and data collected by the use of the Ai Logger will be accessible to Fitmanger and the hosting location in the form of the Users Profile.

(b) To facilitate communications between Fitmanager and each Visitor, this App offers Visitors the ability to contact Fitmanager. Although Fitmanager strives to protect and secure its online communications, and use the security measures detailed in the Privacy Policy to protect Visitor information, Visitors and Fitmanager both acknowledge that no data transmitted over the Internet can be guaranteed to be completely secure and that no security measures are perfect or impenetrable. The Visitor agrees to release Fitmanager from (1) any liability to the Visitor for any unaccepted or unprocessed email instructions or requests and (2) from any loss or damage arising out of any unauthorized use by third parties of any information that the Visitor sends by email. If a Visitor would like to transmit sensitive information to Fitmanager, the Visitor should contact Fitmanager, without including the sensitive information, to arrange a more secure means of communication.

7. Acceptable Use Policy.

7.1 Acceptable Use for Customers. The Customer shall not, as applicable: (1) sell, re-license, rent, lease, or provide service bureau or timeshare access to the System, or (2) use the System to provide the same or similar services to third parties except through the System itself. The Customer acknowledges that the System is confidential and proprietary to Fitmanager's AI Logger. The Customer shall not disclose the System to or permit access to the System to any third party, including to any person, customer, organization, or other entity, or their employees or agents, whether on a for-profit, loan, gratuitous, temporary, or other basis, whether through consulting, training, or other services provided by the Customer, or in any other manner except upon the express prior written consent of Fitmanager.

7.2 Safety.

(a) Fitmanager's AI Logger requires that all Visitors/Users and other users of the App to use the advice, instruction, and direction provided by the Ai system at their own risk.

(i) Seek Professional Medical Confirmation: Before acting on any data, direction, instruction, suggestion or advice from the Ai system, the hosting location, or Fitmanger, the User agrees to seek professional medical advice. Ai (Artificial intelligence) is a 3rd party integrated partner known as Open AI's ChatGPT. This system is not a doctor, dietician, certified personal trainer, or any other certified professional. All responses and directions, suggestions, and/or instructions could be wrong, inaccurate, or even dangerous. Use caution , and at your own risk.

(iv) Halt use: If a User feels unsafe, sick, confused, or any other indication of danger, the user should halt the use of the Service and seek medical attention immediately.

8. Limited Support. Fitmanager will provide maintenance support to the Customer to provide a means (1) for answering the Customer's questions concerning the use of the System; and (2) for providing assistance in solving problems encountered in the Customer's use of the System. The Customer may contact Fitmanager for end-user support at support@fitmanager.io. Any questions regarding any products or services from a hosting location will not be supported by Fitmanager's Support. Including but not limited to: Supplements, Personal Training, Vitamins, Apparel etc.

9. Customer Responsibilities. The Customer shall be solely responsible for, and Fitmanager will not be liable for (1) the performance of its hosting locations and their staff/management; (2) the accuracy and completeness of all Customer-Furnished Items; (3) maintaining all software, hardware, and other equipment used by the Customer to access and use the System; (4) securing and maintaining all rights required for use of any Customer-Furnished Items in connection with the System, and (5) obtaining and providing the Customer-Furnished Items in accordance with all applicable laws.

10. Payment. The use of the System is provided to the Customer at the fees and for the periods selected by the Customer during the signup and Checkout Process on the App. The Customer shall make payments consistent with such selections. Unless otherwise stated during the Checkout Process, fees for Subscriptions do not include applicable sales taxes or similar charges.

10.1 Payment Failure. If the Customer’s payment method becomes unavailable, Fitmanager will use good-faith efforts to obtain updated payment information from the Customer on behalf of the hosting location. If Fitmanager's AI Logger is unable to obtain updated payment information from the Customer, Fitmanager and or the hosting location may terminate the Customer’s subscription for breach of the payment obligation.

10.2 Cancellation.

The Customer may cancel a Subscription at any time while the Subscription is active by giving timely notice of non-renewal. The Subscription will continue until its expiration, and the Customer will have access to the System for the remainder of the Subscription period. Fees for canceled Subscriptions are not refundable. Hosting locations own the subscriptions. Any and all issues can be directed to the hosting shop . Fitmanager Support will have limited access to subscription and billing information.

12. Confidentiality; Data Protection; Cooperation.

12.1 Confidentiality. To the extent that, in connection with these Terms, either Fitmanager or the Customer (each, a “Receiving Party”) comes into possession of any Confidential Information of the other (a “Disclosing Party”), the Receiving Party shall not disclose such information to any third party without the Disclosing Party’s consent, using at least the same degree of care as the Receiving Party employs in maintaining the confidence of its own Confidential Information of a similar nature, but in no event less than a reasonable degree of care. “Confidential Information” means all non-public information that should reasonably be understood by the Receiving Party, because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, to be proprietary and confidential to the Disclosing Party, including information relating to the Disclosing Party’s business, properties, methods of operation, software, trade secrets, inventions, discoveries, know-how, and other intellectual property and specifically includes the Service and each Project. “Confidential Information” includes these Terms. Confidential Information may be disclosed in written or other tangible form (including as recorded on magnetic, optical or other storage media) or by electronic, oral, visual or other means.

12.2 Limited Use. The Receiving Party shall use the Confidential Information only in connection with the performance of its obligations and the enforcement of its rights under these Terms. The Disclosing Party hereby consents to the Receiving Party’s disclosure of such Confidential Information (1) as expressly permitted by these Terms, (2) to contractors, whether located within or outside of the United States, that are performing services in connection with these Terms and that have agreed in writing to be bound by confidentiality obligations similar to those in these Terms, (3) as may be required by law, regulation, judicial or administrative process, or in connection with litigation pertaining to these Terms, or (4) to the extent such information (A) is or becomes publicly available other than as the result of a disclosure in breach of these Terms, (B)

becomes available to the Receiving Party on a non-confidential basis from a source that the Receiving Party believes is not prohibited from disclosing such information, (C) is already known by the Receiving Party without any obligation of confidentiality with respect to it, or (D) is developed by the Receiving Party independent of any disclosures of such information by the Disclosing Party.

13. Intellectual Property.

13.1 Rights.

(a) Fitmanager owns all intellectual property rights relating to the Fitmanager's AI Logger brand and other content, including: copyright, trademark, service mark, trade name, trade dress, logo, patents, and patentable subject matter, trade secrets, and data elements and other Content that has or provides the “look and feel” of the Fitmanager's AI Logger brand image, as well as its own Content, including the text, graphics, programming (including source and object code), photographs, video, and audio contained in the App or the System (the “Intellectual Property”). All other intellectual property not owned by Fitmanager's AI Logger is the property of its respective owner or licensee, as the case may be.

(b) Fitmanager reserves all rights to all of its Intellectual Property. A visitor’s use of the App does not grant to the Visitor any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms.

(c) A Visitor may not display, copy, modify, create derivative works of, sell, or distribute any of the Intellectual Property, or use it in any other way for public or commercial purposes except in accordance with these Terms and the intended purpose of the Website.

(d) Subject to the Privacy Policy, any information, materials, suggestions, ideas, or comments that a Visitor sends to Fitmanager's AI Logger (each, a “Submission”) are deemed non- confidential. By sending a Submission, the Visitor hereby grants, will grant, and agrees to grant Fitmanager's AI Logger an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license, and sub-license, create derivative works from, publicly display, perform, and distribute the Submission for any purpose whatsoever (commercial or

otherwise), in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to the Visitor. This grant includes the right to use the Submissions and any ideas, concepts, or know-how contained in the Submission for any purpose, including developing, manufacturing, distributing, or marketing products or services. Fitmanager's AI Logger may use any such Submissions without obligation.

13.2 Third-Party Intellectual Property. Fitmanager's AI Logger will respond to claims of copyright and trademark infringement in accordance with applicable law. The Company will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under applicable law, including the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2).

14. Provisions Relating to Damages 14.1 Release by Users.

(a) Each User, on behalf of its successors and assigns or heirs and personal representatives, as the case may be, hereby irrevocably and fully releases Bewise LLC DBA Fitmanager, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors from and against any suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with information or User-Generated Content provided by third parties to, through, or in connection with the Website, the System, or the Services.

(b) If the User is a California resident, the User expressly waives the provisions of California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14.2 Disclaimers. Each Visitor acknowledges that its consent and agreement to the following disclaimers and limitations is a material inducement for Fitmanager to permit the Visitor to access the Website or use the System.

(a) THE WEBSITE, THE SYSTEM, AND THEIR CONTENT, INCLUDING ALL PRODUCTS OR SERVICES FROM FITMANAGER'S AI LOGGER, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY. FITMANAGER'S AI LOGGER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.

(b) Fitmanager's AI Logger does not warrant that the content, functions, or services contained in or accessed through the website or the system will be uninterrupted, accurate, reliable, or error-free. Each Visitor, and not Fitmanager's AI Logger, assumes the cost of all necessary servicing, repair, or correction if there is any loss or damage arising from or in connection with the use of the Website, the System, their Content, or any Services. Fitmanager's AI Logger does not warrant or make any representation regarding the use of the Website or the System or the results of their use related to accuracy, reliability, or otherwise. The Website or the System may include errors (including technical or typographical errors). Fitmanager's AI Logger may make changes to the Website or the System at any time, with or without notice.

(c) Neither Fitmanager's AI Logger nor any other person or entity associated with the design or maintenance of the Website or the System will be held liable or responsible in any way for any damage, loss, injury, or malfunction associated with a Visitor’s use of the Website, the System, or the Services.

(d) Fitmanager disclaims any liability arising out of or related to a Visitor’s use of this App or the System if the offer or sale of any product or service or system offered through the Website is illegal in the Visitor’s jurisdiction. The materials on the App or the System may not be appropriate or available for use in a Visitor’s location. Visitors who choose to access the Website or the System do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules, and regulations applicable to them. Fitmanager may limit the App or the System's availability, in whole or in part, to any person, geographic area, or jurisdiction.

(e) Viruses. Fitmanager's AI Logger does not assume any responsibility or risk for a Visitor’s use of the Internet and the myriad of risks it presents. Fitmanager's AI Logger can not and does not guarantee that the materials contained on this Website or in the System will be free of viruses, worms, or other code or related hazards that may have destructive properties

(collectively, “Viruses”). Each Visitor is responsible to ensure that it has sufficient procedures, firewalls, checkpoints, and safeguards within its computer system to satisfy its particular requirements to protect against Viruses.

(f) Information Monitoring and Updates.

(1) Fitmanager's AI Logger attempts to ensure that information on the Website is complete, accurate, and current. Despite Fitmanager's AI Logger’s efforts, the information on this Website may be inaccurate, incomplete, or out of date, and Fitmanager's AI Logger makes no representation to any Visitor about the completeness, accuracy, or timeliness of any information on the Website, such as information about the nature or characteristics of any services Fitmanager's AI Logger provides, including pricing or terms of sale.

(2) While this Website facilitates transactions between Customers and Fitmanager's AI Logger, not all terms of those transactions are available to Users of the Website who are not attempting to complete such a transaction. Any terms offered or described on this Website from time to time may be different from those available at any given time to any Customer or prospective Customer.

(g) Third Parties and Third-Party Websites(1) The Website may contain links to other websites for the convenience and information of Visitors. Links may be contained on pages, or in blog posts, emails from Fitmanager's AI Logger, or newsletters Fitmanager's AI Logger may make available from time to time.(2) Such links may be to advertisers, merchandise retailers, payment processors, content providers, social media or other companies who may use Fitmanager's AI Logger’s logo or style as a result of a co-branding agreement. These websites may be operated by companies that are not affiliated with Fitmanager's AI Logger and may have different privacy policies and terms of use. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, such presentation is not an endorsement, guarantee, representation, or warranty, either express or implied, by Fitmanager's AI Logger on behalf of any third party. Fitmanager's AI Logger does not control the content that appears on these websites or their privacy practices.(3) Fitmanager's AI Logger hereby disclaims any liability or responsibility for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Accessing third-party websites from the Website is therefore done at each Visitor’s own risk.

(h) These Terms apply only to the Website and do not apply to any websites, even those controlled by us, that are linked to the Website. For access to the terms of use or privacy policies of linked websites, a Visitor should refer to the policies of those websites.

14.3 Limitation of Liability.

(a) No party to these terms, its contractors, or their respective personnel will be liable to another party for any claims, losses, or liabilities relating to these Terms (“Claims”) for an aggregate amount in excess of the fees paid by the Customer to Fitmanager's AI Logger during the 12-month period immediately preceding the date on which the initial act or omission giving rise to the liability first occurred. IN NO EVENT WILL A PARTY, ITS CONTRACTORS, OR THEIR RESPECTIVE PERSONNEL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITMANAGER'S AI LOGGER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO SOME VISITORS. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF FITMANAGER'S AI LOGGER IS HELD RESPONSIBLE BY ANY COURT, THEN THE MAXIMUM LIABILITY OF FITMANAGER'S AI LOGGER TO A VISITOR FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT THE VISITOR PAID FITMANAGER'S AI LOGGER FOR THE SYSTEM, PRODUCTS, OR SERVICES.

(b) The provisions of this Section 14.3 do not apply to (1) any Claim for which one party has an express obligation to indemnify the other under these Terms, (2) a breach of Section 5 (Subscription) or Section 12 (Confidentiality), (3) any amounts owed by the Customer to Fitmanager's AI Logger for the Fees provided for under these Terms, or (4) the extent resulting from a party’s bad faith or intentional misconduct. In circumstances in which any limitation on damages or indemnification provision under these Terms is unavailable, the parties shall ensure

that the aggregate liability of each party, its contractors, and their respective personnel for any Claim does not exceed an amount that is proportional to the relative fault that such party’s conduct bears to all other conduct giving rise to the Claim.

14.4 Limited Warranties. Fitmanager's AI Logger warrants that (1) the execution, delivery and performance of these Terms by Fitmanager's AI Logger will not conflict with, breach, or cause a default under, any material contract with any third party; and (2) it has the right to provide a subscription for the System.

14.5 Time Limit for Bringing Actions. Any action, regardless of form, arising under or relating to these Terms must be brought not later than one (1) year after the cause of action has accrued, except that an action for non-payment must be brought not later than two (2) years after the due date of the last payment owed to the party bringing the action.

15. Indemnification 15.1 Definitions.

(a) “Company Indemnitees” means any one or more of Fitmanager, its directors, officers, equity holders, employees, agents, and affiliates.

(b) “Indemnifiable Losses” means losses and liabilities, including reasonably incurred legal fees, expenses, and costs of court, arbitration, and mediation.

15.1 Customer Indemnification Obligations. The Customer shall indemnify the Company Indemnitees against all Indemnifiable Losses arising out of or related to any claims asserted by a third party arising out of (1) any intentional misconduct or negligent act or omission of the Customer, (2) any violation by the Customer, its Authorized Users, or its representatives of any applicable law; (3) material or information created or provided by the Customer, including any Indemnifiable Losses arising from the actual or alleged infringement by the Customer of any third-party intellectual property right pertaining to such material or information; (4) any investigations of or involving the Customer or the Customer’s conduct by Fitmanager's AI

Logger, law enforcement, or governmental authorities; or (5) User-Generated Content submitted by the Customer or its Authorized Users.

15.2 User Indemnification Obligations. Each User shall indemnify the Company Indemnitees against all Indemnifiable Losses or liabilities arising out of or related to any claims, including third-party claims and causes of action, arising out of or related to any one or more of the following: (1) any intentional misconduct or negligent act or omission of the User related to the Website or the System, (2) the User’s breach of these Terms; (3) material or information created or provided by the User, including any Indemnifiable Losses arising from the actual or alleged infringement by the User of any third-party intellectual property right pertaining to such material or information; (5) any investigations of or involving the User or the User’s conduct by Fitmanager's AI Logger, law enforcement, or governmental authorities; (6) the User’s violation of any applicable law; (7) User-Generated Content submitted by the User; (8) any use of the User’s account or credentials to the extent not resulting from the Company’s negligence; and (9) the User’s use of this Website to investigate, initiate, or complete a subscription transaction, if the offer or sale of any products, services, or the System offered through the Website is illegal in any jurisdiction to which the User is subject.

15.3 Indemnification Procedures. Fitmanager's AI Logger shall use reasonable efforts to provide the Customer or User, as the case may be, with prompt written notice of any claim for which indemnification is sought under these Terms and shall reasonably cooperate with the Customer or User, as the case may be, in connection with any such claim. Fitmanager's AI Logger will be entitled to control the handling of any such claim with counsel of its own choosing and to defend or settle any such claim, provided, however, that Fitmanager's AI Logger shall not enter into any settlement that would require the Customer or User, as the case may be, to admit to any liability or to take or refrain from taking any action, without such person’s prior written consent.

16. Notices. Any notice required or permitted to be given under these Terms must be in writing. Notice will be deemed given (1) upon receipt when delivered personally or sent by a reputable commercial overnight courier, or (2) five (5) business days following mailing by registered or

certified United States mail, return receipt requested, postage prepaid, and addressed to Fitmanager's AI Logger at its address set forth below or to the Customer or User, as the case may be, at the address provided by the Customer or User, as the case may be, on its account information page.

Company:
Name: Bewise LLC DBA Fitmanager.io
Address: 20221 Crested Caracara Ln, Pflugerville TX 78660 Attn: David Harrison

17. Additional Provisions

17.1 Force Majeure. Neither party will be liable to the other party for damages arising out of delays or failures to perform under these Terms to the extent that any such delays or failures result from any cause beyond the reasonable control of the affected party, such as fire, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, any reasonably unforeseeable change in state or national law, decree, or ordinance, or any executive or judicial order, provided that the affected party promptly informs the other of all relevant information.

17.2 Independent Contractor. Each of Fitmanager's AI Logger and the Customer or the User, as the case may be, is an independent contractor and no party is, nor will be considered to be, nor shall purport to act as, another’s agent, partner, fiduciary, joint venturer, or representative.

17.3 Assignment. The Customer may not assign any of its rights or obligations under these Terms (including interests or claims relating to these Terms) without the prior written consent of

Fitmanager's AI Logger. A party may assign these Terms to any affiliate or subsidiary, without consent, upon prior written notice to the other party. Fitmanager's AI Logger may assign these Terms to any acquirer of all or substantially all of its assets.

17.4 Entire Agreement. These Terms and the selections made by the Customer during the Checkout Process, if applicable, constitute the entire agreement between the parties with respect to their subject matter and supersede all other oral or written representations, understandings, or agreements relating to their subject matter. Each party represents that it is not relying on any representation or promise not set forth in these Terms.

17.5 Severability. If any provision of these Terms is found unenforceable, the provision will not affect any other provision, but the unenforceable provision will be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Fitmanager's AI Logger and the Visitor, as set forth in these Terms.

17.6 Waivers; Amendments. No delay or omission by a party in enforcing its rights or remedies under these Terms will impair such right or remedy or be deemed to be a waiver of the rights or remedies. No waiver of any right or remedy under these Terms with respect to any occurrence or event on one occasion will be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion. No amendment or waiver of these Terms by a Visitor will be valid unless in writing and signed by both parties, provided, however, that Fitmanager's AI Logger may unilaterally amend these Terms in good faith.

17.7 Section Headings. The section headings contained in these Terms are for convenience of reference only and are not intended to affect the meaning or interpretation of these Terms.

17.8 Governing Law; Jurisdiction; Venue. These Terms are governed by the laws of California. A party must bring and maintain any action arising out of these Terms exclusively in any state or federal court located in California. Each party hereby expressly consents to the personal jurisdiction of such courts for the purposes of any such action. Each party hereby represents to the other that such courts are a convenient forum.

(a) Dispute Resolution. The parties shall first use good-faith efforts to attempt to resolve any dispute, claim, or controversy arising out of or relating to the Website, the System, the Services,

these Terms, or the Privacy Policy by negotiation before bringing any action, other than an action for preliminary injunctive relief.

(b) Fees and costs. The prevailing party in any action or proceeding under these Terms will be entitled to recover legal fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which the party may be entitled.

(c) Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM RELATING TO THESE TERMS OR THE SYSTEM.

Updated: July 12, 2023