Zeitfarer End User License Agreement

This End User License Agreement (this “Agreement”) is a legal agreement between you and McCall Aviation Consulting, LLC, a Colorado limited liability company (“McCall Aviation”), and it governs your use of the Zeitfarer mobile application, including its content, features, updates, beta versions, and related documentation (the “App”).

PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING THE HEALTH AND SAFETY NOTICE IN SECTION 5 AND THE FITNESS-FOR-DUTY TERMS IN SECTION 6, WHICH LIMIT WHAT THE APP IS AND WHAT YOU MAY RELY ON IT FOR. THIS AGREEMENT ALSO LIMITS MCCALL AVIATION’S LIABILITY, REQUIRES CLAIMS TO BE BROUGHT INDIVIDUALLY, AND WAIVES JURY TRIAL, TO THE EXTENT PERMITTED BY LAW. BY SELECTING “I AGREE” WHEN THE APP FIRST OPENS, OR BY INSTALLING, OPENING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGE MCCALL AVIATION’S PRIVACY POLICY. IF YOU DO NOT AGREE, SELECT “DECLINE,” DO NOT USE THE APP, AND DELETE IT.

You represent that you are at least 18 years of age, have the legal capacity to enter into this Agreement, and are not barred from using the App under the laws of the United States or any other applicable country. The App is designed for airline pilots and other flight crew members. You may use it for your own trips whether or not you are a crew member, but its assumptions reflect airline operations.

If you accept this Agreement on behalf of an airline, company, or other organization, you represent that you have authority to bind it, and “you” includes that organization.

1. License Grant

Subject to your compliance with this Agreement, McCall Aviation grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App, in object code form, on Apple-branded products that you own or control, solely for your personal, non-commercial use and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Usage Rules”), except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it. If your employer or another organization wants to provide the App to its crew members or to use the App for commercial purposes, it must enter into a separate written agreement with McCall Aviation.

2. Restrictions

Except as expressly permitted by this Agreement, you will not, and will not help anyone else to: (a) copy, modify, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or formulas of the App, except to the extent applicable law expressly permits that activity notwithstanding this restriction; (c) sell, rent, lease, lend, sublicense, distribute, transfer, or otherwise make the App available to any third party, or make the App available over a network where multiple devices could use it at the same time; (d) remove, alter, or obscure any proprietary notice in the App; (e) circumvent, disable, or interfere with any security or technical feature of the App, including the free trip limit or the purchase requirement; (f) use robots, scrapers, or other automated means to access, copy, or collect content from the App; (g) use any part of the App to train, test, or improve an artificial intelligence or machine learning model, or to build a competing product or service; or (h) use the App for any unlawful purpose or in any manner that infringes or violates the rights of any other person.

3. Ownership; Feedback

The App is licensed, not sold. McCall Aviation and its licensors own and retain all right, title, and interest in and to the App and every copy of it, including its text, graphics, designs, software, algorithms, models, formulas, and documentation, and all intellectual property rights in it. McCall Aviation Consulting, McCall AvCo, Zeitfarer, and their related names and logos are trademarks of McCall Aviation, and you may not use them without McCall Aviation’s prior written permission. All rights not expressly granted to you in this Agreement are reserved. If you give McCall Aviation ideas, suggestions, bug reports, or other feedback about the App (“Feedback”), you grant McCall Aviation a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback for any purpose without payment or attribution to you. You are not required to provide Feedback. You keep ownership of anything else you send to McCall Aviation, such as a support request, and you grant McCall Aviation a non-exclusive, worldwide, royalty-free license to use it as needed to respond to you and to provide and support the App.

4. Your Data

(a) Local Storage. The App stores the information that you enter into or create with the App (“Your Data”) only on your device. McCall Aviation does not collect, receive, or have access to Your Data, and the App does not transmit Your Data to McCall Aviation or to any third party. The App contacts Apple’s App Store only to confirm your purchase. Links you tap in the App, such as to zeitfarer.com or the support email address, open in your browser or mail app.

(b) Security and Backups. You are solely responsible for the security of your device and for backing up Your Data. Your Data may be permanently lost if you delete the App; if your device is reset, replaced, lost, damaged, or fails; or if Your Data becomes corrupted. Because McCall Aviation has no access to Your Data, McCall Aviation cannot see, recover, correct, restore, or delete Your Data for you and is not responsible for any loss of, or unauthorized access to, Your Data.

(c) Platform Services. Your device’s operating system or platform provider (such as Apple) may back up, synchronize, or otherwise process data stored on your device, including Your Data, under that provider’s own terms and privacy policy. If you back up your device to iCloud or a computer, that backup includes Your Data under your Apple settings, and McCall Aviation never receives it. McCall Aviation does not control and is not responsible for those services. If you choose to export or share Your Data using features of your device, McCall Aviation is not responsible for how any recipient or other service handles it.

(d) Privacy Policy. McCall Aviation’s Privacy Policy, available at zeitfarer.com/privacy and in the App, describes McCall Aviation’s information practices.

5. Important Health and Safety Notice

The App produces schedules and suggestions for sleep, light exposure, light avoidance, meals, exercise, caffeine, and melatonin. They are based on published circadian research and on the information you enter, and they are general estimates, not individualized medical recommendations. Circadian responses vary widely between people, and the App cannot measure your actual sleep, alertness, or physiology.

(a) Not Medical Advice. The App is not a medical device. It does not diagnose, treat, cure, monitor, mitigate, or prevent any disease, sleep disorder, or other condition. Nothing in the App is medical advice or a substitute for advice from a physician or Aviation Medical Examiner. Never disregard or delay seeking medical advice because of something in the App.

(b) Talk to a Physician First. Consult a physician before following the App’s suggestions if you have, or think you may have, a sleep disorder (such as sleep apnea or insomnia), a heart or blood pressure condition, diabetes, epilepsy, bipolar disorder, depression or another mood disorder, an eye or retinal condition, migraine, or any other medical condition; if you are pregnant or nursing; or if you take prescription medication. Timed bright light can affect mood and can interact with photosensitizing medication and some eye conditions.

(c) Melatonin and Supplements. Melatonin and other supplements are not regulated like medications, can cause drowsiness, and can interact with other drugs. Before using melatonin or any other supplement or medication, confirm with your physician or Aviation Medical Examiner that it is appropriate for you and permitted under FAA medical guidance, the rules of any other aviation authority that applies to you, and your employer’s policies, including any required waiting period before flying.

(d) Caffeine and Exercise. Follow caffeine and exercise suggestions only within limits that are safe for you.

(e) Drowsiness. Shifting your sleep can make you drowsy at unusual times. Do not drive, fly, or operate machinery when you are drowsy.

(f) Stop If You Feel Unwell. Stop following any suggestion that makes you feel unwell, and seek medical care for any concerning symptoms. In an emergency, call your local emergency number.

6. Your Responsibility for Fitness for Duty

(a) No Fitness Determination. The App does not determine whether you are rested, alert, or fit to fly. It is not a fatigue risk assessment and does not replace 14 C.F.R. Part 117 or any other flight, duty, and rest regulation that applies to you; your operator’s Fatigue Risk Management System, fatigue policies, or fatigue-calling procedures; your collective bargaining agreement; or your own judgment.

(b) Your Responsibility. Under 14 C.F.R. § 117.5 and similar rules, you are responsible for reporting for duty rested and prepared and for reporting when you are too fatigued to continue, and as between you and McCall Aviation, that responsibility is yours alone. Do not rely on the App for any safety-critical, operational, or regulatory decision. You use the App at your own risk and assume all risks of following or not following its suggestions.

(c) Accuracy. Schedules depend on the accuracy of what you enter, including flight times, airports, time zones, and sleep. The App may contain errors, and schedules or published times may change. McCall Aviation does not guarantee that any suggestion will improve your sleep, alertness, performance, or adjustment to a new time zone.

7. Free Trip, Purchase, and Refunds

(a) Free Trip. The App includes one free trip so that you can try it.

(b) Unlock. Continued use of the App requires a one-time in-app purchase through the Apple App Store. The price is shown in the App Store before you buy and may change for future buyers. Apple processes all payments and handles any applicable taxes.

(c) Restoring Purchases. Your purchase is tied to your Apple Account. You can restore it on another eligible device by selecting Restore Purchases in the App. The unlock is not shared through Family Sharing; each Apple Account purchases its own.

(d) Refunds. Refunds are available only from Apple under Apple’s policies. McCall Aviation cannot issue refunds directly.

(e) Beta Testers. Any complimentary unlock offered to beta testers is at McCall Aviation’s discretion and is subject to the terms announced with it.

8. Updates; Support

McCall Aviation may, but is not obligated to, provide updates, patches, or new versions of the App (“Updates”), and may add, change, or remove features, including the scientific models the App uses. Depending on your device settings, Updates may download and install automatically, and some Updates may be required to continue using the App. Updates are part of the App and are governed by this Agreement unless they are accompanied by separate terms. McCall Aviation may modify, suspend, discontinue, or stop supporting the App, in whole or in part, at any time. If McCall Aviation discontinues the App, the App may continue to work on your device. Except as required by applicable law, McCall Aviation has no obligation to provide maintenance or support services for the App or to keep it compatible with future devices or operating systems.

9. Beta Versions

Beta and TestFlight versions of the App are provided for testing only, may contain errors, may lose data, and may stop working at any time. Do not rely on a beta version for real trips. Apple’s TestFlight terms also apply to beta versions.

10. Third-Party Materials and Terms

The App may reference published research and may include or rely on software, content, or services provided by third parties, including open-source software (“Third-Party Materials”), which may be subject to their own license terms. Those terms, which are listed in the App where required, govern your use of the applicable Third-Party Materials to the extent of any conflict with this Agreement. You must comply with all applicable third-party terms when using the App, including the terms of your wireless carrier and of the app store from which you obtained the App. McCall Aviation does not control and is not responsible for any Third-Party Materials, including their content, accuracy, or availability.

11. Term and Termination

This Agreement takes effect when you accept it or first download, install, or use the App, whichever occurs first, and continues until terminated. You may terminate this Agreement at any time by deleting the App from all of your devices. McCall Aviation may terminate this Agreement if it stops offering the App. Your rights under this Agreement terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, all rights granted to you under this Agreement end, and you must stop using the App and delete all copies of it from your devices. Deleting the App may permanently delete Your Data. Sections 3 through 6, 10, 12 through 18, 20, and 21 survive any termination of this Agreement.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MCCALL AVIATION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. MCCALL AVIATION DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR CURRENT, OPERATE WITHOUT INTERRUPTION OR ERROR, BE SECURE OR COMPATIBLE WITH YOUR DEVICE, OR PRESERVE YOUR DATA; THAT ANY INFORMATION, SCHEDULE, OR SUGGESTION IT PROVIDES WILL BE SUITED TO YOUR SITUATION; OR THAT ANY DEFECT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL MCCALL AVIATION OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, EMPLOYMENT, CERTIFICATION, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF MCCALL AVIATION AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE AND ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND IN THAT CASE MCCALL AVIATION’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You will defend, indemnify, and hold harmless McCall Aviation and its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your use or misuse of the App, (b) your violation of this Agreement, (c) your violation of any law or the rights of any third party, or (d) any decision you make or action you take in reliance on the App.

15. Export Compliance

The App may be subject to U.S. export control and economic sanctions laws. You will not use, export, or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which you obtained the App. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

16. U.S. Government End Users

The App is a “commercial product” as defined in 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. Consistent with those provisions, all U.S. Government end users acquire the App only as a commercial product and with only those rights granted to all other end users under this Agreement.

17. Governing Law; Disputes

This Agreement and any dispute arising out of or relating to it or the App are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any action arising out of or relating to this Agreement or the App must be brought exclusively in the courts of the State of Colorado located in the City and County of Denver or the United States District Court for the District of Colorado, and you and McCall Aviation consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, either party may bring an eligible claim in small claims court.

(a) Informal Resolution. Before filing any claim, you agree to contact McCall Aviation in writing and try in good faith to resolve the dispute for at least 30 days.

(b) Time Limit. To the extent permitted by law, any claim arising out of or relating to this Agreement or the App must be filed within one year after it arises, or it is permanently barred.

(c) Individual Claims Only. To the extent permitted by law, claims may be brought only on an individual basis and not as a plaintiff or class member in any class, collective, or representative action.

(d) Jury Waiver. TO THE EXTENT PERMITTED BY LAW, YOU AND MCCALL AVIATION EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

18. Your Rights Under Local Law

Some countries and states give consumers rights that cannot be waived or limited by contract. Nothing in this Agreement limits those rights. Where local law does not allow a provision of this Agreement, that provision applies only to the extent the law allows.

19. Changes to this Agreement

McCall Aviation may update this Agreement from time to time. When it does, McCall Aviation will post the updated Agreement at zeitfarer.com/eula and change its effective date. For material changes, the App will ask you to review and accept the updated Agreement before you continue using the App. Other changes take effect 30 days after posting. Changes will not apply retroactively or to any dispute that arose before they were posted. If you do not agree to an updated Agreement, you must stop using the App and delete it from your devices.

20. App Store Terms

(a) Generally. This Agreement is between you and McCall Aviation only, and not with Apple Inc. (“Apple”). Your use of the App is also subject to the Apple Media Services Terms and Conditions.

(b) Apple. If you obtained the App from the Apple App Store, you and McCall Aviation acknowledge and agree that:

(i) This Agreement is concluded between you and McCall Aviation only, and not with Apple. McCall Aviation, not Apple, is solely responsible for the App and its content.

(ii) Your license to use the App is limited as described in Section 1, including the Usage Rules.

(iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. McCall Aviation is solely responsible for any maintenance and support services, as specified in this Agreement or as required under applicable law.

(iv) McCall Aviation 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 App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be McCall Aviation’s sole responsibility.

(v) McCall Aviation, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection, privacy, or similar legislation.

(vi) In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, McCall Aviation, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.

(vii) You make the representations and warranties set forth in Section 15, and you must comply with applicable third-party terms of agreement when using the App, as provided in Section 10.

(viii) Questions, complaints, or claims regarding the App should be directed to McCall Aviation as provided in Section 22.

(ix) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it.

21. General

This Agreement is the entire agreement between you and McCall Aviation regarding the App and supersedes all prior or contemporaneous understandings regarding its subject matter, except that if you or your organization has signed a separate written agreement with McCall Aviation that covers the App, that agreement controls to the extent it conflicts with this Agreement. If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. McCall Aviation’s failure to enforce any right or provision of this Agreement is not a waiver of that right or provision. You may not assign or transfer this Agreement without McCall Aviation’s prior written consent; McCall Aviation may assign this Agreement without restriction, including in connection with a merger, sale, or reorganization. McCall Aviation is not liable for any delay or failure to perform caused by events beyond its reasonable control. You agree that McCall Aviation may communicate with you electronically and that electronic notices and your electronic acceptance of this Agreement satisfy any requirement that they be in writing. Except as provided in Section 20(b), nothing in this Agreement confers any right or remedy on any third party. Headings are for convenience only and do not affect interpretation. As used in this Agreement, “including” means “including without limitation.”

22. Contact Information

Questions, complaints, or claims regarding the App should be directed to:

McCall Aviation Consulting, LLC

6212 E Pine Ln, Unit #2162

Parker, CO 80138

Telephone: (720) 281-9703

Email: support@zeitfarer.com