End User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE PLANTONIC APPLICATION FOR MACOS (THE "SOFTWARE") PROVIDED BY TUMALO CREEK HOLDINGS, INC. ("COMPANY", "WE", "US"). BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ("USER", "YOU") AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.

1. LICENSE GRANT. Subject to this Agreement, the Company grants you a revocable, non-exclusive, non-transferable, limited license to install and use the Software for personal or internal business purposes on Mac computers that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The Software is licensed, not sold. This license covers the version you obtain and any updates the Company makes available for it, subject to any amended terms that accompany an update.

2. RESTRICTIONS. You shall not:

• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Software available to any third party;
• Modify, translate, or create derivative works based on the Software, except to the extent applicable law expressly permits;
• Reverse engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the extent applicable law expressly permits;
• Remove or alter any proprietary notices in the Software;
• Use the Software for any unlawful purpose, or to create, store, or transmit content that infringes the rights of others or violates applicable law;
• Use the Software in a way that violates the terms of any third-party service it relies on.

3. PURCHASE, PRICE, AND REFUNDS. The Software is a free download from the Mac App Store. You can try it free for 14 days by taking the free trial offered within the Software; after the trial, continuing to use it requires the unlock, a one-time in-app purchase. The Company may also offer an optional, auto-renewing subscription to the Assistant (section 5A). Nothing else is sold within the Software, and prices are shown in the App Store before you buy. There is no Company account. The trial, the unlock and any subscription are transactions with Apple, are subject to Apple's terms, including Family Sharing where Apple makes it available, and any refund request is handled by Apple under Apple's policies. The Company does not process payments and does not receive your payment details.

4. YOUR FILES AND CONTENT. Plans you create with the Software are stored as files in locations you choose on your Mac or in storage you control. You own your plans and everything you put in them. The Company has no access to your files and never receives copies of them. You are responsible for backing up your files.

5. ASSISTANT. The Software's Assistant is optional. It is a hosted service provided by the Company, described in section 5A.

5A. THE ASSISTANT. The Assistant is an optional hosted service, provided by the Company, that generates a plan from a short description you type. The Software asks your permission before using it for the first time. When you use the Assistant:

• Your description, a random identifier created by the Software and, once you have taken the trial, bought the unlock or subscribed, the signed record of that purchase that Apple issues are sent to the Company's service, which screens the description with an automated safety filter and, if it passes, has the plan generated by Anthropic's Claude, through Claude Platform on AWS, or by an OpenAI model on Amazon Bedrock. How this information is handled, and for how long, is described in our Privacy Policy.
• Each plan the Assistant generates (an "Assistant plan") counts against an allowance: a limited number with the trial, a larger number included with the unlock, and a monthly allowance with a subscription. The Software shows how many you have left. Assistant plans included with a purchase are shared by everyone who uses that purchase, including family members through Family Sharing. The Company may limit how often the service can be used, and may change, suspend, or discontinue the service at any time.
• Where offered, an Assistant subscription provides a monthly allowance of Assistant plans, shown in the Software, for as long as it is active. It is purchased through the Mac App Store and charged to your Apple Account, and it renews automatically at the end of each period unless you cancel it at least 24 hours before the period ends. You can manage or cancel it in your App Store account settings. Unused Assistant plans do not carry over.
• The Assistant is available only in the United States. Requests from elsewhere are refused.
• You must not use the Assistant to generate content that is unlawful or harmful or that violates the usage policies of Anthropic, OpenAI or Amazon Web Services, and you must not attempt to circumvent its usage limits, safety filtering, or geographic restriction, including by resetting or altering the identifier the Software creates. Requests the safety filter blocks are refused, and repeated blocked requests pause the service for that identifier for 24 hours. The Company may stop providing the Assistant to anyone who misuses it.
• Output the Assistant generates may be inaccurate, incomplete, or unsuitable. You are solely responsible for reviewing anything the Software generates before relying on it. The Company makes no claim of ownership over output the Assistant produces for you.

6. [RESERVED].

7. PRIVACY. The Software does not create accounts and does not include analytics or crash reporting. It sends the Company only: the information described in section 5A, when you use the Assistant; a bug report or feature request, when you send one from the Software's Feedback menu or ask a connected assistant such as Claude to file one, with the details our Privacy Policy describes; and, once you have taken the trial, bought the unlock or subscribed, the public part of a key the Software creates on your Mac, with the signed record of that purchase, so the Company's service can confirm that requests come from a copy that holds a purchase. It never sends your plans unless you ask it to include one in a report. Our Privacy Policy at https://plantonic.app/privacy describes what we handle and for how long.

8. INTELLECTUAL PROPERTY. The Software, including its code, design, and documentation, is owned by the Company and protected by copyright, trademark, and other intellectual property laws. Except for the license expressly granted in this Agreement, no rights in the Software are granted to you. "PlanTonic" and the PlanTonic logo are trademarks of the Company.

9. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT OUTPUT GENERATED BY THE ASSISTANT WILL BE ACCURATE OR RELIABLE. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.

10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE. Some jurisdictions do not allow these limitations, so some of the above may not apply to you.

11. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of your use of the Software, your content, or your violation of this Agreement or of any law or third-party right.

12. UPDATES. Updates to the Software are delivered through the Mac App Store. The Software does not update itself. The Company may release updates at its discretion and is not obligated to provide any particular update or feature.

13. SUPPORT. The Company provides support by email at support@plantonic.app on a reasonable-efforts basis. No specific response time is guaranteed. The Company may also publish release notes and help material at https://plantonic.app.

14. SYSTEM REQUIREMENTS. The Software is licensed for use on Mac computers running the macOS version stated on the Software's Mac App Store page or later. Use on other platforms or unsupported versions is at your own risk. The Company may change the supported requirements at any time.

15. TERM AND TERMINATION. This Agreement is effective until terminated. You may terminate it at any time by deleting the Software from all of your devices. The Company may terminate this Agreement if you materially breach it. On termination, the license ends and you must stop using and delete the Software. Sections 4, 5, 8, 9, 10, 11, 16, 17, and 20 survive termination. Because your files are stored only by you, termination does not affect your plans.

16. APPLE-SPECIFIC TERMS. Because you obtain the Software from the Mac App Store, the following also apply:

• Acknowledgement. This Agreement is between you and the Company only, not Apple. The Company, not Apple, is solely responsible for the Software and its content.
• Scope of license. The license granted is limited to a non-transferable license to use the Software on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Maintenance and support. The Company is solely responsible for providing any maintenance and support for the Software. Apple has no obligation to furnish maintenance or support services.
• Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the Company's sole responsibility.
• Product claims. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the Software or your possession or use of it, including product liability claims, claims that the Software fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the Software or your possession and use of it infringes that third party's intellectual property rights, the Company, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of the claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party terms. You must comply with applicable third-party terms when using the Software.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of it, will have the right to enforce it against you.
• Contact. Questions, complaints, or claims regarding the Software should be directed to Tumalo Creek Holdings, Inc. at support@plantonic.app.

17. GOVERNING LAW AND DISPUTES. This Agreement is governed by the laws of the State of Nevada, United States, without regard to its conflict-of-law rules. Before starting any formal proceeding, you and the Company agree to try to resolve any dispute informally for at least 30 days after one party emails the other a notice of the dispute. If the dispute is not resolved, it shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Reno, Nevada, in English, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration is on an individual basis; class actions and representative proceedings are not permitted to the fullest extent allowed by law. Either party may instead bring an eligible claim in small claims court, and the Company may seek injunctive relief in court to protect its intellectual property. If you are a consumer in a jurisdiction whose law gives you the right to bring claims in your local courts or under your local consumer law, nothing in this section removes that right.

18. INTERNATIONAL USE AND EXPORT. The Software is made available in the countries where the Mac App Store offers it, and the Assistant only in the United States. You are responsible for complying with the laws of the place where you use it. You agree to comply with all applicable export and sanctions laws and not to export or re-export the Software in violation of them.

19. AMENDMENTS. The Company may modify this Agreement by publishing a revised version at https://plantonic.app/eula and updating the version number and effective date. Material changes take effect for you when you install an update that includes them or, if the Software asks you to accept the revised Agreement, when you accept it. If you do not agree to a revised Agreement, do not install the update and stop using the Software.

20. GENERAL. This Agreement is the entire agreement between you and the Company regarding the Software and supersedes all prior agreements on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest of the Agreement remains in effect. A failure to enforce any provision is not a waiver of it. You may not assign this Agreement; the Company may assign it in connection with a merger, acquisition, or sale of assets.

21. CONTACT. Tumalo Creek Holdings, Inc., 401 Ryland Street, Suite 200-A, Reno, NV 89502, United States. Email: support@plantonic.app.

BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.