The license, in full.

This End User License Agreement (the “Agreement”) is a binding contract between you (“you” or “User”) and Neon Summit LLC, a Massachusetts limited liability company (“Neon Summit,” “we,” “us,” or “our”). It governs your download, installation, and use of the Vital Report mobile application for iOS and its associated widgets, Siri/App Intents integration, and updates (collectively, the “App”).

If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to this Agreement, and “you” refers to that organization.

This Agreement is between you and Neon Summit only, and not with Apple Inc. (“Apple”). Neon Summit, not Apple, is solely responsible for the App and its content. Your use of the App must comply with the Apple Media Services Terms and Conditions in effect at the time you use the App.

Apple has no obligation whatsoever to provide any maintenance or support services for the App. 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 has no other warranty obligation whatsoever with respect to the App.

Neon Summit, not Apple, is responsible for addressing any claims relating to the App or your use of it, 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.

In the event of any third-party claim that the App or your use of the App infringes that third party’s intellectual property rights, Neon Summit — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Vital Report is a consumer health-information and reporting application. It reads data you have stored in Apple Health (including, if you choose, Clinical Health Records) and helps you view, understand, organize, and export that data. Features include:

• Dashboards, charts, and trend summaries of your health metrics.
• On-device insights such as trend analysis, anomaly detection, correlations, and a health-score summary.
• Report generation in PDF, CSV, and JSON formats.
• Export destinations you configure, including Files, iCloud Drive, AirDrop, Email, Share Sheet, and (optionally) Google Sheets.
• Widgets for Home Screen and Lock Screen.
• Siri and Shortcuts integration via App Intents.
• Scheduled automations that run in the background to produce recurring exports.

Some features require Vital Report Pro, our paid tier (see §08).

Subject to your compliance with this Agreement, Neon Summit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App solely for your personal, non-commercial purposes on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Usage Rules set forth therein.

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time, except as expressly allowed by Apple’s Usage Rules (for example, through Family Sharing, where supported).

All rights not expressly granted to you in this Agreement are reserved by Neon Summit and its licensors.

You agree that you will not:

• Copy, modify, adapt, translate, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent such restrictions are prohibited by applicable law.
• Create derivative works of the App, or remove or obscure any proprietary notices within it.
• Rent, lease, lend, sell, redistribute, or sublicense the App, or use it to provide services to third parties.
• Use the App to build a competing product, to benchmark it without our written consent, or to harvest data from it.
• Use the App in any manner that violates applicable law, infringes any third party’s rights, or breaches any agreement you have with a third party.
• Interfere with the operation of the App, circumvent any security or license-enforcement mechanism, or access the App other than through the interfaces we provide.
• Input data into the App that you do not have the legal right to use, or that violates another person’s privacy.
• Use the App to make decisions about other people without their informed consent (the App is designed for your own personal use).

You must be at least 13 years old (or the minimum age required in your country to consent to the processing of your personal information) to use the App. If you are between 13 and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf. We do not knowingly permit children under 13 to use the App.

You also represent and warrant that:

• You are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country.
• You are not listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce’s Denied Persons List or Entity List.

You own your health data. The App reads it from Apple Health (and, if you enable it, the HealthKit Clinical Health Records API) through Apple-provided interfaces. Neon Summit does not take ownership of, and does not acquire any rights in, your health data, the reports you generate, or the files you export.

Because Vital Report processes sensitive health information on your device, you are responsible for:

• Protecting access to your device with a passcode, Face ID, Touch ID, or equivalent.
• Managing the permissions you grant in iOS Settings → Privacy & Security → Health.
• Reviewing any report or file you generate before you share it or send it to a destination.
• Understanding that once you export a file to a destination of your choice (for example, by emailing it, uploading it to Google Sheets, AirDropping it, or saving it to iCloud Drive), that file is governed by the policies of the receiving service and the people you shared it with, not by Neon Summit.

How we handle information in connection with the App is described in our Privacy Policy, which is incorporated by reference into this Agreement.

Some features of the App require a paid subscription or one-time purchase (“Vital Report Pro”). All purchases are made through the Apple App Store and are governed by Apple’s terms in addition to this Agreement.

8.1  Available products

As of the Effective Date, we offer:

Current pricing, including any localized pricing, promotional offers, or trial eligibility, is always displayed in the App and in the App Store at the time of purchase. Those in-App and App Store displays are authoritative if they differ from this Agreement.

8.2  Billing and auto-renewal (subscriptions only)

• Payment will be charged to your Apple ID account at confirmation of purchase.
• Your subscription automatically renews for the same period (monthly or annual) at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of the chosen package.
• You can manage and cancel your subscription by going to your Apple ID Account Settings → Subscriptions on your device, or by visiting apps.apple.com/account/subscriptions.
• No cancellation of the current subscription period is permitted during the active subscription period. If you cancel, cancellation takes effect at the end of the current paid period.
• If a free trial is offered and you do not cancel at least 24 hours before the end of the trial, your subscription will automatically convert to a paid subscription at the then-current price.
• Any unused portion of a free trial period, if offered, is forfeited when you purchase a subscription, where applicable.

8.3  Lifetime access

“Lifetime access” means that, once purchased, you retain access to features designated as Pro features for the useful life of the App on Apple’s platforms, subject to this Agreement. It does not guarantee that any particular feature will remain available indefinitely or that the App will be supported on future Apple operating systems beyond the support timelines Apple provides.

8.4  Refunds

All purchases are processed by Apple. Refund requests are handled by Apple according to Apple’s published policies and are available at support.apple.com/en-us/HT204084 or through Report a Problem at reportaproblem.apple.com. We do not process refunds directly.

8.5  Price changes

We may change the price of Vital Report Pro from time to time. Where required by Apple’s policies or applicable law, we will give you advance notice of a price change and, for auto-renewing subscriptions, you will be asked to consent to the new price before it takes effect; otherwise, your subscription may not renew.

• The App provides visualizations, summaries, on-device insights, and reports derived from data Apple Health holds on your device. It is not a substitute for professional medical advice, diagnosis, or treatment.
• Always seek the advice of a qualified healthcare provider with any questions you have regarding a medical condition or your health. Never disregard professional medical advice or delay seeking it because of something you read or saw in the App.
• Do not use the App to make decisions in an emergency. If you think you are having a medical emergency, call your local emergency number immediately.
• Health data shown in the App is only as accurate as the data Apple Health received from your devices, wearables, integrated health systems, or manual entries. Neon Summit is not the source of the underlying measurements and does not verify their accuracy.
• Insights, trends, anomalies, correlations, scores, and similar interpretive outputs are produced by automated algorithms for informational purposes only. They may be incomplete, inaccurate, or misleading in your individual case. You should not rely on them as a clinical assessment.
• Reports produced by the App — including any “doctor-ready” or “doctor summary” formats — are summaries for your personal use or to share with your healthcare provider at your option. They are not medical records and do not constitute clinical documentation.

You agree that you use the App and any information it displays at your own risk, and you are solely responsible for any decisions you make based on that information.

The App interoperates with services provided by Apple and, at your option, Google (for Google Sheets export) and Web3Forms (for delivering in-App feedback messages to our support inbox). Your use of those services is governed by their own terms and privacy policies. We are not responsible for those services, for any change or discontinuation of them, or for any content, data, or actions they provide or take. If a third-party service becomes unavailable, certain features of the App may stop working.

The App, including all software, interfaces, designs, graphics, icons, typography, text, audio, visual elements, and the Vital Report, Vital Export, and Neon Summit names and logos, is owned by Neon Summit LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Except for the limited license granted in §04, nothing in this Agreement transfers any intellectual property rights to you.

Feedback

If you submit suggestions, ideas, or feedback about the App to us (for example, via the in-App Send Feedback form), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback into the App and our other products, without obligation to you.

Our handling of personal information in connection with the App is described in our Privacy Policy, available in the App and at the URL at which this Agreement is posted. The Privacy Policy is incorporated into this Agreement by reference. By using the App, you acknowledge and agree to the practices described in the Privacy Policy.

We may update the App from time to time, including to add features, remove features, fix defects, address security issues, or comply with legal or Apple platform requirements. Updates may be delivered automatically through the App Store based on your iOS settings. You agree to receive such updates as part of your use of the App.

We may also modify, suspend, or discontinue the App (or any feature of it) at any time, with or without notice, including free-tier features and Pro features, subject to any refund remedies available through Apple.

We may update this Agreement from time to time. When we make a material change, we will update the “Last Updated” date at the top of this page and, for significant changes affecting your rights or obligations, we will provide notice within the App, by email (if we have your email), or by another reasonable means. Your continued use of the App after the updated Agreement takes effect constitutes acceptance of it. If you do not agree to the updated Agreement, you must stop using the App.

This Agreement remains in effect until terminated by you or by us.

• By you: You may terminate this Agreement at any time by uninstalling the App and ceasing all use of it. Uninstalling the App does not by itself cancel a subscription; to cancel a subscription, see §8.2.
• By us: We may suspend or terminate your license to use the App immediately, without notice, if you breach this Agreement or if we are required to do so by law, by Apple, or to protect the security, integrity, or lawful operation of the App.

Upon termination, the licenses granted in §04 end and you must delete all copies of the App from your devices. Sections that by their nature should survive termination will survive, including §§05, 07, 09, 11, 12, 16, 17, 18, 19, 20, 21, and 22.

Neon Summit does not warrant that the App will meet your requirements, that its operation will be uninterrupted or error-free, that defects will be corrected, that the App will be compatible or work with any other software or service, or that any data, insights, or reports produced by the App will be accurate or reliable. No oral or written information or advice given by Neon Summit or its representatives will create a warranty.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by law.

To the maximum extent permitted by applicable law, in no event will Neon Summit, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including damages for loss of profits, goodwill, use, data, medical or health outcomes, or other intangible losses, arising out of or in connection with this Agreement or the App, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Neon Summit has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you to the extent prohibited by law.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Neon Summit and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related 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 a third party, including a healthcare provider or another person whose information you input or share through the App; or
• (d) any content or data you submit to the App or to third-party services through the App.

This Agreement is governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to any non-waivable rights you have under applicable consumer protection law, you and Neon Summit agree that any dispute arising out of or relating to this Agreement or the App will be resolved exclusively in the state or federal courts located in Plymouth County, Massachusetts, and you and Neon Summit consent to personal jurisdiction and venue in those courts.

Nothing in this section affects any mandatory statutory rights you have as a consumer in your country of residence.

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, 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.

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed country, or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list.

• Entire Agreement. This Agreement, together with the Privacy Policy, is the entire agreement between you and Neon Summit regarding the App and supersedes any prior agreements between you and Neon Summit regarding the subject matter.
• Severability. If any provision of this Agreement is held unenforceable, the remainder will continue in full force and effect, and the unenforceable provision will be modified only to the extent necessary to make it enforceable.
• No Waiver. Our failure to enforce any provision of this Agreement is not a waiver of that provision.
• Assignment. You may not assign or transfer this Agreement or any rights under it without our prior written consent; any attempted assignment without consent is void. Neon Summit may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
• Notices to You. We may give notices under this Agreement by posting them in the App, on our website, through the App Store, or by any other reasonable means.
• Notices to Us. Notices to Neon Summit under this Agreement must be sent to the address in §23.
• Relationship. Nothing in this Agreement creates an agency, partnership, joint venture, employment, or franchise relationship between you and Neon Summit.
• Headings. Section titles are for convenience only and have no legal effect.

Questions about this Agreement can be directed to:

Neon Summit LLC
1 Soares Farm Rd
West Bridgewater, MA 02379
United States
Email: support@neonsummit.co