EavesDropper End-User License Agreement

Last Updated: September 14, 2026

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WINKPASS CREATIONS, INC. ("WINKPASS") STATING THE TERMS THAT GOVERN YOUR USE OF THE APPLICATION OFFERED BY WINKPASS AND PURCHASED BY YOU VIA APPLE’S APP STORE ("LICENSED APPLICATION"). WHEN YOU INSTALL THE LICENSED APPLICATION, YOU INDICATE YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT INSTALL OR USE THE APPLICATION.

The Licensed Application is licensed, not sold, to You for use only under the terms of this license. Winkpass reserves all rights not expressly granted to You.

1. Scope of License

This license is non-exclusive and non-transferable, and allows You to use the Licensed Application on any iPhone, iPod Touch, iPad, or Apple Watch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).

This license does not allow You to use the Licensed Application on any device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof.

2. Privacy and Data Usage

Winkpass does not collect, store, access, or process personal data, recordings, transcripts, or usage telemetry through the Licensed Application. All audio recordings and transcripts created within the Licensed Application are processed and stored locally on your device using Apple technologies.

Your use of the Licensed Application is governed by the EavesDropper Privacy Policy, which is available at https://winkpass.com/EavesdropperPrivacyPolicy.html.

3. Termination

The license is effective until terminated by You or Winkpass. Your rights under this license will terminate automatically without notice from Winkpass if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

4. Services and Third-Party Materials

Services provided or performed by the Licensed Application may enable or require access to Winkpass and third-party services and websites. Use of such Services may require Internet access and that You accept additional terms of service. You are bound by all applicable rules of Apple Inc., as set forth in Apple's legal terms.

Certain features may enable local device-to-device communication (such as pairing with an Apple Watch or nearby devices). These communications occur directly between your paired devices using local Apple networking technologies and are not routed through or stored on Winkpass servers.

5. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

6. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WINKPASS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION.

IN NO EVENT SHALL WINKPASS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

7. Export Control

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained.

8. Choice of Law; Venue

The laws of the State of California, excluding its conflicts of law rules, govern this Agreement and your use of the Licensed Application. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts that include Sacramento County, California.

9. Modifications to Terms

Winkpass may change these terms from time to time at its sole discretion. When changes are made, Winkpass will make a new copy of the terms available via an updated EULA document or webpage.

10. Copyrights and Trademarks

Except where otherwise specified, the contents of the Licensed Application are copyright © 2026 Winkpass Creations, Inc. All rights reserved.

Winkpass Creations, EavesDropper, and their respective logos are trademarks or registered trademarks of Winkpass Creations, Inc.

11. Contact Information

If you have any questions or support inquiries regarding the Licensed Application or this Agreement, please contact us at:

Winkpass Creations, Inc.

support@winkpass.com