Effective date: 09/01/2026
Agreement and Eligibility
This End User License Agreement ("Agreement") is between you and CYNQ LABS LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"). It governs the license to install and use the ScareScore mobile and wearable applications, related documentation, and updates we provide (collectively, the "Application"). Related account, synchronization, scoring, and other online functionality constitute the "Service."
By selecting "I Agree" or an equivalent affirmative acceptance control after being given an opportunity to review this Agreement, you accept it. Do not use the Application without accepting this Agreement. You must be at least 18 years old, have reached the age of majority where you reside, and have legal capacity to contract. An app-store content rating or family-sharing entitlement does not change these eligibility requirements.
Related Terms and Order of Precedence
The ScareScore Terms of Service at ScareScore.com ("Terms") govern the Service. The ScareScore Privacy Policy at www.scarescore.com and Consumer Health Data Privacy Policy at www.scarescore.com (together, "Privacy Notices") govern our processing of information. The Terms are incorporated by reference. This Agreement supplements the Terms and does not replace the Privacy Notices.
Where provisions conflict, mandatory law controls; required platform provisions control for the applicable platform; the Privacy Notices and any more protective express privacy commitment control information processing; this Agreement controls the software license; and the Terms control other Service matters.
Separate open-source licenses control their respective components. No incorporated term, software license, platform provision, or acceptance of this Agreement enlarges our data-use permissions or constitutes sensitive-data consent.
Limited Software License
Subject to this Agreement and the applicable platform provisions below, we grant you a limited, nonexclusive, personal, nontransferable license to install, run, and use the Application in executable form on compatible devices you own or control, solely for lawful, noncommercial use of ScareScore. Permitted app-store sharing arrangements and rights that cannot lawfully be restricted remain available. The license is subject to lawful termination under Section 13, not arbitrary revocation inconsistent with your platform or consumer rights.
The Application is licensed, not sold. This license does not authorize commercial operation of the technology, integration into another product, or independent access to our server software, application programming interfaces, software development kits, synchronization libraries, or reference databases. Those uses require a separate written license. Attending a participating commercial cinema or attraction as an individual user does not itself constitute prohibited commercial use.
Ownership and Reserved Rights
The Company and its licensors retain their respective rights in the Application and protected Service components, including software, source and object code, scoring implementations, calibration logic, algorithms, interfaces, designs, trademarks, audio fingerprinting, synchronization and watermarking technology, reference libraries, and protectable database structures. Rights are reserved only to the extent they exist under applicable law; this Agreement does not create ownership of unprotectable ideas, facts, or independently developed technology.
You retain any rights you have in your submitted content and all applicable rights concerning your personal information and physiological measurements. Processing that information does not transfer its ownership to us. No license to personal information, biometric information, or user content is granted by this Section; the limited permissions in the Terms, the Privacy Notices, and your valid choices govern instead.
Restrictions on Use
Software and technology. Except as expressly authorized or legally permitted, you may not copy, distribute, sell, rent, sublicense, modify, or create derivative works from protected Application components; remove proprietary notices; or reverse engineer, decompile, disassemble, or otherwise attempt to obtain nonpublic source code, algorithms, security credentials, synchronization libraries, audio fingerprints, or watermarking implementations.
Extraction and competitive misuse. You may not extract protected nonpublic technology or reference libraries, systematically harvest protected databases or user information, or use material obtained in violation of this Agreement to develop, train, validate, or supply a competing product, model, or service. This restriction does not prohibit lawful independent development or otherwise permitted use of information.
Integrity and security. You may not falsify physiological readings, spoof synchronization signals, manipulate scores or rankings, bypass consent or access controls, introduce harmful code, or interfere with the Application or another user. Automated access must be expressly authorized or legally permitted. You may not collect another person's physiological information through your account, reidentify users from scores, or use ScareScore for surveillance, discriminatory decisions, or unlawful purposes.
Preserved rights. These restrictions do not prohibit acts that applicable law makes nonwaivable, including permitted backup copies, interoperability, observation or testing of software, and qualifying security research. They do not restrict truthful reviews, lawful criticism, regulator complaints, or legally protected disclosures. Separate open-source permissions remain effective. Any exercise of these rights must comply with the conditions applicable to that right.
Privacy and Purpose Restrictions
Accepting this Agreement is not permission to collect physiological information, activate a microphone, publish a score, contribute to collective ratings, or process information for a new purpose. Required sensitive-data consents and device permissions are obtained separately. Permission to use a health platform does not override that platform's restrictions. Where a source does not permit a feature, we must restrict or disable that source-dependent use.
We do not sell, rent, trade, or commercially license user information or user-derived datasets, including aggregated or deidentified datasets. We do not use or disclose that information for advertising, marketing, promotional messages, audience targeting, advertising measurement, data brokerage, unrelated profiling, unrelated research, or general-purpose artificial intelligence training. Information is used only for the requested Service and the limited operational and legal purposes disclosed in the Privacy Notices.
We do not use session, synchronization, or location information to identify, track, or infer visits to healthcare facilities or attempts to obtain healthcare services. We do not establish or use healthcare-facility geofences to identify or track consumers, collect consumer health data, or deliver health-related notifications, messages, or advertisements.
You may stop measurement, revoke device permissions, withdraw consent, and exercise access, correction, deletion, and other applicable privacy rights as described in the Privacy Notices. Withdrawing a necessary permission may prevent the corresponding feature from operating but does not authorize unrelated processing. Withdrawing permission and deleting stored information are distinct actions. No intellectual-property, warranty, liability, assignment, or termination provision overrides these protections.
Audio Synchronization and Measurement
For a measurement session using audio synchronization, microphone access occurs only during the active session you affirmatively start and only with microphone permission. Microphone audio is processed in real time on your device to recognize participating soundtrack playback or a designated high-frequency synchronization tone or watermark in a participating attraction. Reference audio fingerprints maintained on our servers are derived from participating source content and support alignment of authorized response measurements with the relevant point in that content or experience.
Raw microphone audio is ephemeral and discarded during on-device processing, not transmitted to, stored by, or retained by the Company. We do not transcribe conversations, identify speakers, create voiceprints, or use microphone access to monitor activity outside an active measurement session. Limited non-audio synchronization identifiers and timing events may be retained only for the scoring and related purposes, and within the retention limits, described in the Privacy Notices. This Agreement grants no additional audio-processing or retention rights.
Scores and Public Participation
Individual results remain private unless you separately elect publication. Participation in the global in-app scoreboard and contribution to collective ratings require the separate choices described in the Privacy Notices. A display name does not guarantee anonymity. Publication does not license other users to harvest, reidentify, or commercially exploit your information. We may correct errors and reasonably address score manipulation under the Terms. Scores have no monetary value and confer no prize, admission, or compensation entitlement unless separately published lawful rules expressly provide otherwise.
Entertainment Purpose and Safety
ScareScore provides physiological response estimates and entertainment feedback for films, streaming content, theme parks, and participating experiences. A score does not conclusively measure fear, emotional state, health, fitness, or the safety of an experience. Results may be affected by device limitations, movement, environment, synchronization accuracy, and individual differences.
The Application is not intended for use as a medical device or to diagnose, prevent, monitor, predict, or treat disease or any medical condition. It does not provide medical advice, emergency monitoring, or emergency response. Do not rely on a score for healthcare decisions or disregard professional advice because of a result.
Participation is voluntary. Follow content warnings, venue restrictions, and device-use instructions. Do not increase exertion, distress, or exposure to danger to achieve a higher score. Do not operate the Application while driving or where device use creates a hazard. Stop when uncomfortable and seek appropriate assistance when needed. These warnings do not waive any duty or liability that cannot lawfully be excluded.
Third-Party Content and Components
Films, soundtracks, artwork, attractions, devices, platforms, and third-party technology remain subject to their owners' rights. Recognition or synchronization does not grant permission to copy, record, distribute, exhibit, or obtain unauthorized access to entertainment content. A listing or score does not imply endorsement by a rights holder or venue.
You must comply with applicable third-party agreements, including device, carrier, app-store, and content-access terms. Third-party components remain governed by their applicable licenses. Required notices and open-source license information are available through [THIRD-PARTY NOTICES LOCATION]. Nothing in this Agreement restricts rights expressly granted under those licenses.
Compatibility, Updates, and Support
Compatible hardware, software, connectivity, and permissions may be required. Supported configurations are identified in the applicable product information; no future integration or compatibility is promised merely by this Agreement. You are responsible for applicable device and carrier charges.
We may update the Application to maintain security, address defects, comply with law or platform requirements, or adapt to material technical or operational changes. Updates remain subject to this Agreement unless new terms are validly accepted. We provide legally required notices, updates, support, and remedies. Materially adverse changes preserve applicable cancellation, refund, and conformity rights. Installing an update does not authorize new sensitive-data processing.
The Company provides support at the contact details in Section 21. If a version is expressly identified as a beta or prerelease, its disclosed testing period and limitations apply, subject to mandatory rights and the same privacy commitments.
Purchases and Subscriptions
This Agreement does not itself authorize any payment. A paid feature or subscription requires separate disclosure and authorization of its price, billing interval, renewal terms, and cancellation method. Applicable app-store transaction rules and mandatory cancellation and refund rights remain effective. Uninstalling the Application does not necessarily cancel a separately billed subscription. No paid feature permits sale or marketing use of user information contrary to the Privacy Notices.
Suspension and Termination
You may stop using and uninstall the Application at any time. Account deletion and information requests follow the Privacy Notices; uninstalling alone does not necessarily delete stored records. Statutory rights and platform-required license rights survive as applicable.
We may reasonably suspend affected functionality, and terminate the applicable license where permitted, for a material breach, serious misuse, material security risk, or legal requirement. We provide notice, reasons, and a reasonable opportunity to resolve the issue where practicable; urgent protective action may precede notice.
Any termination must comply with Section 17 for Google Play copies and preserve mandatory consumer rights. Ordinary discontinuation does not extinguish license rights or support obligations that applicable law or distribution requirements preserve.
After lawful termination, cease the affected use and remove copies you are no longer entitled to retain. We preserve legally required data access, retrieval, deletion, and refund rights. Provisions protecting intellectual property, privacy obligations, accrued claims, and dispute rights survive only as needed to give them effect. Consent does not survive withdrawal.
Warranties
TO THE EXTENT LAWFULLY PERMITTED, THE APPLICATION AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. We do not guarantee uninterrupted availability, error-free synchronization, or a particular score or ranking.
This disclaimer does not negate an express commitment in this Agreement or the Privacy Notices, or any warranty, consumer guarantee, reasonable-care obligation, or digital-content conformity requirement that cannot lawfully be excluded. Applicable rights to correction, repair, replacement, price reduction, cancellation, or refund remain available. Section 16 addresses Apple-specific warranty responsibilities.
Limitation of Liability
To the extent permitted by law, the Company is not liable for indirect or consequential losses, lost profits, or business losses arising from your personal use of the Application or Service. For claims that may lawfully be capped, the Company's aggregate liability under this Agreement and the Terms is limited to the greater of US $100 or the amounts you paid for ScareScore, including through an app store, during the 12 months preceding the event giving rise to the claim. The same loss does not produce separate cumulative liability caps under both documents.
These exclusions and limits do not apply to fraud, intentional misconduct, gross negligence, death or personal injury caused by our negligence, breach of our confidentiality or data-protection obligations, or any statutory right, remedy, or liability that cannot lawfully be limited. More protective mandatory local law controls. No provision releases the Company from responsibility for its own unlawful conduct.
Apple Distribution
This Section applies to copies obtained through Apple and prevails over inconsistent software-use provisions.
Parties and permitted use. This Agreement binds you and the Company, not Apple. The Company alone is responsible for the Application and its content. The license is nontransferable and applies to Apple-branded products you own or control, subject to Apple's applicable Usage Rules. Eligible access through Family Sharing, volume purchasing, and Legacy Contacts is preserved. This Agreement does not impose usage restrictions conflicting with the Apple Media Services Terms and Conditions or applicable Volume Content Terms in force on the effective date.
Support and warranties. Application maintenance and support promised here or required by law are the Company's responsibility; Apple need not provide them. The Company is responsible for applicable warranties that have not been lawfully disclaimed. If the Application fails an applicable warranty, notify Apple, which will refund its purchase price, if any. Beyond that refund, Apple has no Application warranty obligation to the extent law permits; the Company bears the remaining warranty-related claims, losses, damages, costs, and liabilities.
Claims. The Company, rather than Apple, must address claims concerning the Application or its possession or use, including product liability, regulatory compliance, consumer protection, and privacy claims, including those involving HealthKit or HomeKit where applicable. If a third party alleges that the Application or your possession or use infringes intellectual property, the Company, not Apple, is responsible for investigating the claim, conducting its defense, resolving it, and satisfying the resulting obligations.
Beneficiaries and compliance. You and the Company designate Apple and its subsidiaries as third-party beneficiaries. Upon your acceptance, Apple is entitled, and is deemed to have accepted the entitlement, to enforce this Agreement against you. The legal-compliance representations in Section 18 and third-party agreement obligations in Section 10 apply. Questions, complaints, and claims must be directed to the Company using the address, telephone number, and email in Section 21. Nothing here limits liability beyond what law permits.
Google Play Distribution
This Section applies to copies obtained through Google Play. This Agreement is between you and the Company; Google is not a party and assumes no liability under it. The Company handles Application support and complaints.
The Google Play license is nonexclusive, worldwide, and perpetual, subject to applicable Google Play requirements. It preserves authorized use and display, permitted changes to icon colors or themes, applicable family-group sharing, and reinstallation rights. Any restriction, suspension, or termination in this Agreement operates only to the extent consistent with those rights, governing Google Play requirements, and applicable law.
If this Agreement conflicts with the Google Play Developer Distribution Agreement, that distribution agreement controls the conflict. Applicable Google Play transaction and refund rules remain effective. This Section does not grant Google a license to ScareScore user information or diminish our privacy commitments.
Export and Legal Compliance
You must comply with applicable export, reexport, sanctions, and import requirements. You represent and warrant that you are not in a territory embargoed by the United States or designated by the United States government as supporting terrorism, and are not identified on a United States government list of prohibited or restricted parties. Do not use or transfer the Application in violation of applicable restrictions.
Governing Law and Disputes
This Agreement is governed by the laws of Wyoming, without applying conflict-of-law rules. Subject to mandatory consumer protections, disputes may be brought before the competent courts in Sheridan County, Wyoming.
Nothing deprives you of mandatory protections or access to competent courts where you habitually reside, restricts regulator complaints, or limits nonwaivable remedies. This Agreement does not impose mandatory arbitration or a class-action waiver. Either party may seek available judicial relief subject to ordinary legal requirements. Contacting the Company first is encouraged but is not a prerequisite to exercising legal rights.
Amendments and General Provisions
We provide advance notice of material amendments and obtain renewed acceptance where required. Amendments operate prospectively, do not authorize new sensitive-data processing, and do not retroactively weaken existing privacy commitments. Declining new terms does not eliminate rights already preserved by mandatory law or platform requirements.
This Agreement, the Terms, the Privacy Notices, and any separately accepted applicable feature terms form the agreement concerning their respective subjects, subject to Section 2. An unenforceable provision is severed to the extent lawful without reducing mandatory rights. Failure to enforce a provision is not a waiver.
We may assign this Agreement only to a successor assuming our obligations, including existing privacy restrictions, without reducing your rights. Assignment does not itself authorize sale, advertising use, or other prohibited processing of information. You may transfer license rights only as permitted by this Agreement, applicable platform rules, or mandatory law. Except as stated for Apple or required by law, this Agreement creates no third-party enforcement rights.
Developer and Contact Information
CYNQ LABS LLC