SPLITSEC.AI — ALPHA TESTER END USER LICENSE AGREEMENT (EULA) AND CONSENT

    Version 1.3

    Licensor: SplitSec AI LLC, an Illinois limited liability company ("SplitSec", "Licensor", "we/us/our").

    Effective Date: August 21, 2025

    1. Acceptance; Eligibility; Relationship to App Store Terms

    1.1 Acceptance

    By installing, accessing, or using SplitSec's pre‑release mobile application and related services (the "Software"), you agree to this Alpha Tester EULA (the "Agreement"). If you do not agree, do not install or use the Software.

    1.2 Eligibility

    You must be at least eighteen (18) years of age and legally able to consent to this Agreement. The Software is not directed to or intended for minors. You may not use the Software if you are under 18, and you may not permit a minor to use your account or install the Software on a child's device.

    1.3 No Emergency Service

    The Software does not contact 911 or any emergency service. In danger, call local authorities.

    1.4 App Store terms

    If distributed through TestFlight/Google Play testing, those platform terms also apply. If any conflict arises, platform terms govern distribution mechanics; this Agreement governs your use.

    2. Grant of License (Evaluation Only)

    2.1 License

    SplitSec grants you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable evaluation license to install and use the Software solely for internal testing and feedback during the test period communicated by SplitSec.

    2.2 No Fees

    The license is provided at no charge.

    2.3 Scope Limits

    Use is non‑production, for evaluation only, and may be disabled remotely at any time.

    2.4 Copies/Restrictions

    You may not (and will not facilitate others to) copy (beyond normal installation/backup), modify, adapt, translate, create derivative works, reverse engineer, decompile, or otherwise attempt to access source code or circumvent security or usage controls.

    2.5 No Competitive Use

    You will not use the Software to create, train, benchmark, or improve a competing product or dataset.

    3. Confidentiality; No Publicity During Test

    3.1 Confidentiality

    Features, designs, performance data, roadmaps, documentation, builds, and any non‑public information you obtain ("Confidential Information") are confidential. You will not disclose, publish, or permit access to Confidential Information during the test and for four (4) years thereafter.

    3.2 No Public Benchmarking/Reviews

    You will not publicly post performance tests, reviews, or screenshots during the test without SplitSec's written consent.

    3.3 Publicity Release (Optional)

    If you check the optional box in the app or form after the test ends, you authorize SplitSec to use your name, likeness, and testimonial in marketing.

    4. Feedback; Ownership

    4.1 Feedback License

    You grant SplitSec a perpetual, irrevocable, worldwide, royalty‑free license to use, copy, modify, distribute, and commercialize any suggestions, bug reports, ideas, or feedback you submit, without restriction.

    4.2 Ownership

    The Software and all IP therein remain SplitSec's exclusive property. No rights are granted except as expressly stated.

    5. Privacy; Data; Transparency

    5.1 On‑Device Processing; No Audio Upload by Default

    The Software analyzes ambient sounds on‑device to detect acoustical signatures that may indicate gunshots. By default, the Software does not record, store, or transmit raw audio off the device.

    5.2 Diagnostics & Analytics

    With your opt‑in, we may collect non‑audio diagnostics (e.g., crash logs, model confidence scores, event timestamps, device/OS metadata, coarse location/timezone, battery state) to improve performance and reduce false positives.

    5.3 Emergency Contacts

    If you enable notifications to chosen contacts, carrier/SMS or data charges may apply; SplitSec is not responsible for such charges or delivery failures.

    5.4 Research Addendum (Optional)

    If you explicitly opt in to Appendix A, we may capture and securely upload short buffered audio snippets around suspected events solely to improve detection (e.g., reducing false positives). This is off by default and requires separate consent you can withdraw at any time.

    5.5 Your Responsibilities

    Do not submit sensitive personal or third‑party information in free‑text fields. You will comply with all applicable laws relating to audio and privacy.

    5.6 Privacy Notice

    Additional details are provided in SplitSec's Privacy Notice referenced in‑app.

    5.7 No Sale/Share of Personal Data

    We do not sell personal data or share it for cross-context behavioral advertising.

    6. Safety; Critical Disclaimers; User Responsibilities

    6.1 No Safety Guarantee

    The Software may miss actual gunshots or generate false alerts. Results depend on device hardware, placement, environment, and model limitations.

    6.2 Assumption of Risk

    You assume all risks from relying on alerts or lack of alerts. Do not investigate sounds or place yourself in harm's way.

    6.3 Decision‑Making

    Do not base life‑critical decisions solely on the Software. In an emergency, follow official guidance and contact authorities.

    6.4 Prohibited Uses

    You will not use the Software while driving (unless a hands‑free mode explicitly allows), to surveil others, to harass, to interfere with public safety operations, or in any environment where use violates law, policy, or safety rules.

    6.5 Device/Permissions

    You are responsible for granting and maintaining required permissions (e.g., microphone, background activity, notifications), keeping your OS updated, and running only authorized builds.

    7. Third‑Party Services; Charges

    7.1

    The Software may interoperate with third‑party services (e.g., OS notifications, device vendors, carrier SMS). SplitSec is not responsible for those services.

    7.2

    You are responsible for any carrier, data, or messaging charges.

    8. Updates; Test Changes; Availability

    8.1

    SplitSec may provide or auto‑install updates, patches, or configuration changes. Continued use after an update signifies acceptance.

    8.2

    Features may change or be removed at any time; pre‑release features may never be released generally.

    8.3

    SplitSec may suspend or discontinue access at any time.

    9. Term; Termination; Effect

    9.1 Term

    This Agreement starts upon installation and continues until the earlier of test end, your uninstall, or SplitSec's termination.

    9.2 Termination at Will

    SplitSec may terminate immediately for any reason or no reason; you may terminate by uninstalling.

    9.3 Effect

    On termination, you will stop using the Software, delete all copies, and cease use of Confidential Information. Sections intended to survive (including 3–6, 9.3, 10–14, and Appendix A if applicable) continue.

    10. Warranties; Disclaimers

    10.1 AS IS / AS AVAILABLE

    The Software is pre‑release and provided AS IS and AS AVAILABLE, with no warranties of any kind (express, implied, or statutory), including merchantability, fitness for a particular purpose, non‑infringement, accuracy, or reliability.

    10.2 Early Access Risks

    Pre‑release builds may be unstable, cause crashes, data loss, or increased battery usage.

    11. Limitation of Liability

    11.1 No Consequential Damages

    To the maximum extent permitted by law, SplitSec shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, or goodwill.

    11.2 Cap

    SplitSec's aggregate liability for any claims arising out of or relating to this Agreement shall not exceed US $0 (zero dollars).

    11.3 Basis of Bargain

    The foregoing reflects the free, evaluation‑only nature of the license.

    12. Indemnity (Tester)

    You will indemnify and hold harmless SplitSec and its affiliates, officers, employees, and agents from any third‑party claims, damages, liabilities, costs, and fees (including reasonable attorneys' fees) arising from your misuse of the Software or breach of this Agreement or applicable law.

    13. Export; Sanctions; Government Use

    13.1

    You will comply with applicable export control and sanctions laws; you will not export or permit access where prohibited.

    13.2

    The Software is commercial computer software developed at private expense. Government use is subject to standard commercial license rights and restrictions.

    14. Dispute Resolution; Governing Law; Venue; Class Action Waiver

    14.1 Governing Law

    Illinois law (without regard to conflict‑of‑laws principles).

    14.2 Arbitration

    Any dispute will be resolved by binding arbitration administered by American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual or Commercial Rules otherwise. Venue: Chicago, Illinois. Either party may seek injunctive relief in any court of competent jurisdiction to protect IP or Confidential Information.

    14.3 Small Claims Carve‑Out

    Either party may bring individual claims in small claims court in Lake County, Illinois.

    14.4 Class Action/Jury Waiver

    Disputes must be brought only on an individual basis and not as a class, consolidated, or representative action. Jury trial is waived to the extent permitted by law.

    15. Notices

    We may provide notices to you via in‑app messages, email, or platform messaging. You may provide legal notices to: legal@splitsec.ai with a copy to SplitSec AI LLC, 2246 W Madison Ave Suite 1 #1018, Chicago, IL 60612.

    16. Assignment

    You may not assign this Agreement without SplitSec's prior written consent; SplitSec may assign to an affiliate or successor.

    17. Miscellaneous

    Severability; waiver; entire agreement; force majeure; headings for convenience only. If any term is unenforceable, it will be modified to the minimum extent necessary to be enforceable.

    Appendix A — Research Addendum (Optional, Separate Consent)

    Purpose. To improve detection accuracy and reduce false alerts, you may opt in to allow the Software to capture short buffered audio snippets (e.g., ~2–5 seconds before/after a suspected event) and securely upload them.

    Key Points:

    • A1) Off by default. No audio leaves the device unless you explicitly opt in, and you can opt out at any time.
    • A2) Scope. Only snippets around suspected events; not continuous recording.
    • A3) Use. Model training, testing, and quality assurance; not for identifying individuals.
    • A4) Retention. Retained only as long as needed for research and quality improvement, then deleted or de‑identified.
    • A5) Security. Stored with access controls and encryption in transit/at rest.
    • A6) Withdrawal. You can withdraw consent in‑app; future collection stops (prior lawful processing unaffected).
    • A7) No Compensation. No payment is due for research participation or audio submissions.

    In‑App Consent Screen

    SplitSec (Alpha) — Important

    • On‑device listening for acoustic patterns. We do not send raw audio unless you explicitly opt into Research Addendum (off by default).
    • Not a 911 service. If in danger, call authorities.
    • May miss real events or send false alerts. Use judgment.
    • By continuing, you confirm you are at least 18 years old, accept the Alpha Tester EULA, and acknowledge our Privacy Notice.

    This document constitutes the complete Alpha Tester End User License Agreement between you and SplitSec AI LLC. For questions regarding this agreement, please contact legal@splitsec.ai.