End User License Agreement
Last Updated: January 2026
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and WholePath Technologies, LLC, doing business as EncoPath ("Company," "we," "us," or "our"), for the use of the EncoPath mobile application ("App").
IMPORTANT NOTICE
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
1. License Grant
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on mobile devices that you own or control
- Use the App for your personal, non-commercial purposes
- Access and use the features available to you based on your subscription tier
2. License Restrictions
You may not:
- Copy, modify, or distribute the App or any portion thereof
- Reverse engineer, decompile, or disassemble the App
- Rent, lease, lend, sell, or sublicense the App
- Remove or alter any proprietary notices or labels
- Use the App to develop competing products or services
- Use the App in any way that violates applicable laws
- Transfer your license to another person or entity
- Use automated systems or software to extract data from the App
3. Intellectual Property
The App, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof), is owned by the Company and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement does not grant you any rights to our trademarks, service marks, or logos. All rights not expressly granted in this Agreement are reserved by the Company.
4. User Content
You retain ownership of any content you submit, post, or display through the App ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing and improving the App's services.
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate the rights of any third party
- Your User Content complies with all applicable laws
5. Subscription Services
Certain features of the App require a paid subscription. By purchasing a subscription:
- You authorize us to charge your chosen payment method
- Subscriptions automatically renew unless cancelled
- You can manage or cancel subscriptions through your app store account
- Refunds are subject to app store policies
- We may change subscription pricing with advance notice
6. Third-Party Services
The App may integrate with or contain links to third-party services, including:
- Apple App Store and Google Play Store
- Payment processors (Stripe, Apple Pay, Google Pay)
- Cloud storage providers (Amazon Web Services)
- RevenueCat for subscription management
These third-party services are governed by their own terms and privacy policies. We are not responsible for the content or practices of these services.
7. Medical Disclaimer
MEDICAL DISCLAIMER
THE APP IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. The App is designed to help track and organize health information for informational purposes only.
Always consult with qualified healthcare professionals regarding medical conditions and treatment. Never disregard professional medical advice or delay seeking it because of information obtained through this App.
8. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- The App will meet your requirements
- The App will be uninterrupted, timely, secure, or error-free
- The results from using the App will be accurate or reliable
- Any errors in the App will be corrected
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, data, use, goodwill, or other intangible losses
- Any damages resulting from unauthorized access to your account
- Any damages resulting from interruption or cessation of services
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of this Agreement
- Your User Content
- Your use of the App
- Your violation of any rights of another party
11. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement.
Upon termination:
- You must cease all use of the App
- You must delete all copies of the App from your devices
- We may delete your account and data after a retention period
- Sections 3, 8, 9, 10, and 13-15 shall survive termination
12. Updates and Changes
We may update the App from time to time. Updates may be required for continued use of the App. We may also modify this Agreement at any time by posting the revised version in the App. Your continued use of the App after such changes constitutes acceptance of the modified Agreement.
13. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in Delaware.
14. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15. Entire Agreement
This Agreement, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and the Company regarding your use of the App and supersedes all prior agreements and understandings.
16. Contact Information
If you have any questions about this Agreement, please contact us at:
- Email: legal@encopath.com
We will respond to your inquiry within 30 business days.
BY USING THE ENCOPATH APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.