End User License Agreement - BetterX Software License Terms

Version 1.0 — Effective as of September 9, 2026

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or the legal entity you represent, "you") and BetterX, LLC ("BetterX," "we," "us"), located at 484 King St, Charleston, South Carolina 29403, governing your use of BetterX software applications, including BetterX Concierge (together with its bundled BetterX Butler automation service), BetterContacts, and any other BetterX software that you download or install, together with related documentation, media, and content (collectively, the "Software").

By installing, copying, or otherwise using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

This Agreement supplements the BetterX Terms and Conditions and Privacy Policy available at www.gobetterx.com. If this Agreement conflicts with the Terms and Conditions with respect to the Software, this Agreement controls.

1. Definitions

"Services" means the BetterX Software as a Service platform, including AI-powered business automation, analytics, dashboards, and workflow tools, accessed through the Software or the Site.

"Customer Data" means the data, files, records, and other content that you or your authorized users submit to or generate through the Software and Services in the course of your business.

"Subscription" means an active, paid or otherwise authorized right to access the Services under an order form, subscription plan, or pilot agreement between you (or your organization) and BetterX.

"Butler" means the BetterX Butler automation service included with BetterX Concierge, which performs tasks in the background on your behalf, including while the BetterX Concierge window is closed.

"Third-Party Systems" means software, platforms, and services not provided by BetterX that the Software connects to or interacts with on your behalf.

2. License Grant

Subject to your compliance with this Agreement and, where applicable, an active Subscription, BetterX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) install and use the Software in object code form on devices that you own or control;
(b) use the Software solely for your internal business purposes (or, for BetterContacts, your personal or professional networking purposes); and
(c) use the documentation provided with the Software in support of your authorized use.

The Software is licensed, not sold. BetterX and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights, and reserve all rights not expressly granted in this Agreement.

3. Subscription and Account

Certain features of the Software require a Subscription and a valid BetterX account. The Software may verify your Subscription and account status over a network connection and may limit, suspend, or disable functionality if your Subscription ends, your account is deactivated, or verification fails. You are responsible for maintaining the confidentiality of account credentials used with the Software and for all activity under your account.

4. License Restrictions

You may not, and may not permit any third party to:

(a) copy, modify, adapt, translate, or create derivative works of the Software;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent this restriction is prohibited by applicable law;
(c) rent, lease, lend, sell, sublicense, assign, distribute, publish, or otherwise transfer the Software or your license rights;
(d) remove, alter, or obscure any proprietary notices on or in the Software;
(e) circumvent or disable any security, license-verification, or update mechanism of the Software;
(f) use the Software to develop a competing product or service, or for benchmarking or competitive analysis except as permitted by law;
(g) use the Software in violation of any applicable law or regulation, or of any agreement between you and a third party, including the terms governing Third-Party Systems; or
(h) use the Software to transmit malware, unlawful spam, or content that infringes or misappropriates the rights of others.

5. Automatic Updates

The Software may automatically check for, download, and install updates, upgrades, patches, and new versions from time to time, including while running in the background, in order to deliver improvements, security fixes, and new features. By installing the Software you consent to these automatic updates, which are governed by this Agreement unless accompanied by separate terms. You may stop receiving updates by uninstalling the Software. BetterX may require that you install updates to continue using the Software or Services.

6. Third-Party Systems, Credentials, and Automation

The Software, including Butler, may connect to, log into, retrieve data from, and perform actions within Third-Party Systems on your behalf, using credentials and configuration that you supply. Butler may run in the background and continue performing queued tasks while the BetterX Concierge window is closed; you can stop it by disabling the relevant automation in the app or by uninstalling the Software.

(a) Your authority and compliance with third-party terms. You represent and warrant that you are authorized to access each Third-Party System you connect to the Software, that the credentials you supply are yours or are used with the account holder's authorization, and that your use of the Software with each Third-Party System complies with that system's terms of service, policies, and guidelines and with applicable law. You are solely responsible for ensuring that your use of the Software's automated data extraction and note-taking features is permitted by each Third-Party System you direct it at. BetterX does not guarantee that use of the Software is permitted by any Third-Party System, and, to the maximum extent permitted by law, assumes no liability for account suspensions, access restrictions, IP blocks, or legal or other actions taken by third parties against you arising from your use of the Software with Third-Party Systems.

(b) Your instruction. Actions the Software performs in a Third-Party System using your credentials and configuration are performed as your agent and at your instruction. You are responsible for reviewing the results of automated actions and for the accuracy of data you direct the Software to enter into Third-Party Systems.

(c) Responsible automation. You agree to use the Software's automation features in a reasonable, non-abusive manner. You may not configure, modify, or use the Software to bypass CAPTCHAs or other human-verification measures, circumvent rate limits or access controls, disguise the origin of requests, or send requests at a volume or frequency intended or reasonably likely to degrade, disrupt, or deny service to a Third-Party System. Any use of the Software for malicious automated activity is a material breach of this Agreement and terminates the license granted in Section 2 immediately and automatically.

(d) Extracted data. The Software is licensed solely for your ordinary internal business productivity (or, for BetterContacts, personal or professional networking). BetterX provides the tool only and grants you no intellectual property or other rights in data extracted, copied, or saved from Third-Party Systems through the Software. You represent and warrant that you have the legal right or permission to extract, copy, and save the data you direct the Software to process, and you may not use the Software to collect, resell, sublicense, or redistribute third-party data in violation of the rights of the data's owner or the terms of the source system.

(e) Credential handling. Credentials for Third-Party Systems that you provide to the Software are stored locally on your device and/or transmitted securely to the extent necessary to provide the Services, as described in the Privacy Policy. You can remove stored credentials by signing out of the relevant integration or uninstalling the Software.

(f) No affiliation; changes to Third-Party Systems. BetterX is not affiliated with, endorsed by, or sponsored by the providers of Third-Party Systems. You acknowledge that the Software's automation features depend on the structures, interfaces, and behavior of Third-Party Systems, which may change, be limited, or be discontinued at any time without notice. BetterX does not warrant that automated extraction or note-taking functions will be uninterrupted, error-free, or remain compatible with any Third-Party System, is not liable for unavailability or malfunction of affected features resulting from such changes, and is under no obligation to modify the Software to accommodate them (although, for active Subscriptions, BetterX will use commercially reasonable efforts to restore affected functionality).

(g) Third-party components. The Software includes third-party and open-source components (including browser and automation runtimes) that are licensed under their own terms. Required notices and licenses are available in the Software's documentation or about screen. To the extent an open-source license grants you broader rights to a component, those rights apply to that component.

7. Customer Data and Privacy

As between you and BetterX, you retain all right, title, and interest in and to Customer Data. BetterX processes Customer Data to provide, secure, support, and improve the Software and Services as described in the BetterX Privacy Policy and the Terms and Conditions. The Software may collect diagnostic and usage information as described in Section 8.

8. Diagnostics and Telemetry

The Software may collect and transmit to BetterX technical and diagnostic information about the device and the Software's operation, such as version, operating system, configuration, performance metrics, crash reports, and logs of automated task outcomes. BetterX uses this information to operate, secure, support, and improve the Software and Services. This information is handled in accordance with the Privacy Policy. Logs may include references to Customer Data where necessary to diagnose failures; such logs are treated as Customer Data.

9. Feedback

If you provide suggestions, ideas, or other feedback about the Software, BetterX may use it without restriction or obligation to you.

10. Term and Termination

This Agreement is effective from the date you first install or use the Software and continues until terminated. You may terminate it at any time by uninstalling the Software and ceasing all use. BetterX may terminate this Agreement, or suspend the license granted here, if you materially breach it, if your Subscription ends, or as provided in the Terms and Conditions. The license terminates immediately and automatically upon a breach of Section 6(c) (Responsible automation). Upon termination you must cease using the Software and uninstall all copies. Sections 4, 6(a), 6(c), 6(d), 7, 9, 10, 12, 13, 14, 15, and 17 survive termination.

11. Mobile App Store Terms

If you obtained the Software from the Apple App Store or Google Play:

(a) this Agreement is between you and BetterX only, not with Apple Inc. or Google LLC, and BetterX alone is responsible for the Software;
(b) your license is limited to use on devices you own or control, as permitted by the applicable store's usage rules;
(c) the store operator has no obligation to furnish maintenance or support for the Software;
(d) in the event of any failure of the Software to conform to an applicable warranty, you may notify the store operator, which may refund the purchase price (if any); to the maximum extent permitted by law the store operator has no other warranty obligation;
(e) the store operator is not responsible for addressing claims relating to the Software, including product liability, regulatory, or intellectual property claims; and
(f) Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to Software obtained from the App Store, and may enforce it against you.

You represent that you are not located in a country subject to a U.S. government embargo or designated as "terrorist supporting," and that you are not on any U.S. government list of prohibited or restricted parties.

12. Export Compliance

The Software may be subject to U.S. export control and sanctions laws. You may not export, re-export, or transfer the Software except as authorized by U.S. law and the laws of the jurisdiction in which the Software was obtained.

13. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. BETTERX AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BETTERX DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL OPERATE WITH ANY PARTICULAR THIRD-PARTY SYSTEM. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT AUTOMATION FEATURES DEPEND ON THIRD-PARTY SYSTEMS THAT CHANGE FREQUENTLY, AND BETTERX DOES NOT WARRANT CONTINUED COMPATIBILITY WITH, OR UNINTERRUPTED OPERATION AGAINST, ANY THIRD-PARTY SYSTEM, AS FURTHER DESCRIBED IN SECTION 6(f). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BETTERX OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTERX'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE AMOUNTS YOU PAID TO BETTERX FOR THE SOFTWARE OR THE APPLICABLE SUBSCRIPTION DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100) IF YOU HAVE PAID NOTHING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless BetterX, its officers, directors, employees, and agents from and against any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this Agreement or applicable law; (b) your breach of the representations and obligations in Sections 6(a), 6(c), or 6(d); or (c) Customer Data or instructions you provide, to the extent they infringe or misappropriate the rights of a third party or violate law.

16. U.S. Government End Users

The Software is "commercial computer software" and "commercial computer software documentation" as those terms are defined in applicable U.S. government acquisition regulations. If acquired by or on behalf of the U.S. government, the government's rights are limited to those set forth in this Agreement, consistent with FAR 12.212 and DFARS 227.7202.

17. Governing Law; Arbitration; Class Action Waiver

This Agreement is governed by the laws of the State of South Carolina, without regard to conflict-of-law principles, and, where applicable, the Federal Arbitration Act. Disputes arising out of or relating to this Agreement or the Software will be resolved by final and binding arbitration before a single neutral arbitrator administered by the American Arbitration Association (or a similar service agreed by the parties), on an individual basis only, as set out in the Arbitration and Class Action Waiver sections of the BetterX Terms and Conditions, which are incorporated into this Agreement by reference. Class, collective, and representative proceedings are not permitted. Either party may seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement or misuse of intellectual property or confidential information.

18. Changes to this Agreement

BetterX may update this Agreement from time to time. The version in effect for the Software is the version published at www.gobetterx.com at the time of the applicable Software release, and material changes will be notified as described in the Terms and Conditions. Continued use of the Software after an update takes effect constitutes acceptance of the updated Agreement.

19. Miscellaneous

This Agreement, together with the Terms and Conditions, the Privacy Policy, and any order form or subscription agreement between you and BetterX, constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings on that subject. If any provision of this Agreement is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in effect. You may not assign this Agreement without BetterX's prior written consent; BetterX may assign it in connection with a merger, acquisition, or sale of assets. No failure to enforce a provision waives it. Notices to BetterX must be sent to the address below; notices to you may be provided electronically as described in the Terms and Conditions. It is the express wish of the parties that this Agreement and all related documents be written in English.

20. Contact

BetterX, LLC
484 King St
Charleston, South Carolina 29403

Email: hello@gobetterx.com
Phone: +1 (843) 284-3336

Version 1.0 — Effective as of September 9, 2026