END USER LICENSE AGREEMENT — MGsolutions Non-Medical Software
Effective Date: April 3, 2026 Version: 2.1
IMPORTANT — READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a legally binding contract between You and MGsolutions Inc. By installing, copying, or otherwise using the Software, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement. If You do not agree, do not install or use the Software.
§1. DEFINITIONS
"Agreement" means this End User License Agreement, including any schedules, exhibits, or amendments. This Agreement applies exclusively to non-medical Software as defined herein. Any software product that is separately registered, cleared, or approved as a medical device under any applicable regulatory framework is governed by a separate, independent End User License Agreement and is not subject to this Agreement.
"Company" means MGsolutions Inc., a corporation organized under the laws of the Republic of Korea, with its principal office at 1F, 5F, 10 Donggyo-ro 23-gil, Mapo-gu, Seoul, Republic of Korea, 03992.
"Software" means any non-medical software application developed and distributed by the Company, including but not limited to all versions, editions, and product lines of: Moti Physio, Moti Physio Mofeet, and any other non-medical software product released by the Company under the Moti Physio brand or any other brand, as identified in the applicable Order Form, including all Updates provided by the Company. For the avoidance of doubt, "Software" under this Agreement does not include any software product that is separately registered, cleared, or approved as a medical device under any applicable regulatory framework (such products are governed by a separate End User License Agreement).
"User" or "You" means the individual or entity that has obtained a license to use the Software under this Agreement.
"Order Form" means the purchase order, subscription agreement, or other ordering document executed between You (or Your authorized distributor) and the Company that specifies the License Model, License Fee, and License Term.
"License Model" means the type of license granted, which shall be one of the following as specified in the Order Form:
(a) Subscription License: a time-limited license for a specified term, automatically renewing unless terminated;
(b) Perpetual License: an indefinite license to use the version of the Software available at the time of purchase; or
(c) Per-Device License: a license limited to one designated device.
"License Fee" means the fee paid or payable by You for the license, as specified in the Order Form.
"License Term" means the duration of the license, as specified in the Order Form.
"Update" means any patch, bug fix, update, upgrade, new version, or modification to the Software that the Company makes generally available.
"Documentation" means any user manuals, technical documentation, help files, and other materials provided by the Company in connection with the Software.
"Compatible Hardware" means any off-the-shelf RGB-Depth camera or other peripheral device that meets the technical specifications set forth in the Documentation. Compatible Hardware is a general-purpose industrial product and is not part of the Software.
"Confidential Information" means all non-public information disclosed by the Company in connection with the Software, including but not limited to source code, object code, algorithms, AI model weights, data models, technical specifications, business plans, pricing, and customer data.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, trade dress, database rights, moral rights, rights in know-how, and all other intellectual property rights, whether registered or unregistered, worldwide.
"Personal Data" has the meaning given in applicable data protection laws, including GDPR Art.4(1), Korea PIPA Art.2(1), and CCPA §1798.140(v).
"Processing Services" means the server-side data processing performed by the Company's infrastructure (including cloud services) on data transmitted from the Software, as further described in Section 9.
§2. LICENSE GRANT
2.1 Grant. Subject to Your compliance with this Agreement and payment of the applicable License Fee, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely in accordance with the Documentation and the applicable License Model specified in Your Order Form.
2.2 One License, One Device. Each license granted under this Agreement entitles You to install the Software on one (1) personal computer only. You may not install, copy, or run the Software on any additional device under the same license. If You wish to use the Software on more than one device, You must purchase a separate license for each device.
2.3 Scope by License Model.
(a) Subscription License: You may use the Software during the License Term on one (1) device. Upon expiration or termination of the License Term, Your right to use the Software ceases immediately.
(b) Perpetual License: You may use the version of the Software available at the time of purchase indefinitely on one (1) device, subject to the terms of this Agreement. Access to Updates beyond the initial warranty period (if any) requires a separate maintenance agreement or additional fee.
(c) Per-Device License: You may install and use the Software only on the one (1) specific device designated in the Order Form. Migration to a replacement device requires prior written approval from the Company.
2.4 Permitted Use. You may use the Software for commercial purposes in the ordinary course of Your business, including but not limited to providing body posture analysis services at Your business premises (e.g., chiropractic clinics, physiotherapy studios, fitness centers, wellness facilities). This Agreement does not restrict commercial use of the Software.
2.5 Reservation of Rights. All rights not expressly granted herein are reserved by the Company. This Agreement does not grant You any right, title, or interest in or to the Software, except for the limited license expressly set forth in Section 2.1. The Software is licensed, not sold.
2.6 No Implied Licenses. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Software beyond the scope expressly stated herein.
§3. NOT A MEDICAL DEVICE — MEDICAL USE PROHIBITION
3.1 Regulatory Status. THE SOFTWARE IS NOT A MEDICAL DEVICE. The Software has not been designed, tested, cleared, approved, or registered as a medical device under any applicable regulatory framework, including but not limited to:
(a) EU Medical Device Regulation (MDR) 2017/745 Art.2(1);
(b) U.S. Federal Food, Drug, and Cosmetic Act (FDCA) 21 U.S.C. §321(h);
(c) Korean Medical Devices Act (의료기기법) Art.2(1).
3.2 Prohibition of Medical Use. You shall not use the Software for any medical purpose, including but not limited to:
(a) medical diagnosis, treatment planning, or treatment decisions;
(b) monitoring of any medical condition or physiological process;
(c) clinical decision support intended to replace professional medical judgment;
(d) any purpose that would cause the Software to be classified as a medical device under any applicable law or regulation; or
(e) representation to any patient, client, or third party that the Software's output constitutes medical advice, medical diagnosis, or a medical evaluation.
3.3 Nature of Output. The analysis results, visualizations, and data generated by the Software are for general wellness and informational reference purposes only. Such output does not constitute medical advice, diagnosis, prognosis, or treatment recommendation. You acknowledge that the Software's output should not be relied upon as a substitute for professional medical judgment.
3.4 Automatic Termination. Any use of the Software in violation of this Section 3 constitutes a material breach of this Agreement and shall result in immediate and automatic termination of the license granted hereunder, without prior notice or cure period.
3.5 Indemnification for Medical Use. You shall indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Your use of the Software for any medical purpose in violation of this Section 3.
§4. INTELLECTUAL PROPERTY OWNERSHIP
4.1 Ownership. The Software, including all source code, object code, user interfaces, algorithms, AI model weights, Documentation, and all associated Intellectual Property Rights, is and shall remain the sole and exclusive property of the Company. No Intellectual Property Rights are transferred to You under this Agreement.
4.2 Derivative Works. You shall not create, or attempt to create, any derivative works, adaptations, translations, or modifications of the Software. In the event that any derivative work is created in violation of this Section, all Intellectual Property Rights in such derivative work shall automatically vest in the Company without further action or notice.
4.3 Feedback. Any suggestions, enhancement requests, recommendations, or other feedback provided by You regarding the Software ("Feedback") shall be the exclusive property of the Company. You hereby irrevocably assign to the Company all right, title, and interest in and to such Feedback, including all Intellectual Property Rights therein.
4.4 Notices. You shall not remove, alter, or obscure any copyright notice, trademark, proprietary rights notice, or other identification placed on or contained in the Software or Documentation.
§5. USE RESTRICTIONS
5.1 Prohibited Activities. You shall not, and shall not permit any third party to:
(a) copy, reproduce, or duplicate the Software, in whole or in part, except for a single backup copy for archival purposes;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, data structures, or AI model parameters of the Software, except to the limited extent that such restriction is expressly prohibited by applicable mandatory law (including EU Directive 2009/24/EC Art.6 solely for interoperability purposes, and only after providing the Company written notice and a reasonable opportunity to provide the necessary interoperability information);
(c) modify, adapt, translate, or create derivative works based on the Software;
(d) distribute, sublicense, lease, rent, loan, sell, resell, or otherwise transfer the Software or any rights therein to any third party. Resale of the Software, including any second-hand, used, or pre-owned transfer, is strictly prohibited regardless of the License Model;
(e) use the Software to develop any product or service that competes with the Software;
(f) use the Software for benchmarking, comparative analysis, or performance evaluation intended for publication without the Company's prior written consent;
(g) circumvent, disable, or interfere with any security features, license key mechanisms, digital rights management, or technical protection measures of the Software;
(h) use the Software in any manner that violates applicable law, regulation, or third-party rights;
(i) use the Software for any purpose not expressly authorized by this Agreement or the Documentation, including any medical purpose as defined in Section 3; or
(j) use automated tools, scripts, or bots to access, interact with, or extract data from the Software beyond its normal operation.
5.2 Transfer Prohibition. You may not assign, transfer, pledge, or otherwise dispose of this Agreement, or any rights or obligations hereunder, to any third party without the prior written consent of the Company, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Your assets. Any purported assignment in violation of this Section shall be null and void.
§6. UPDATES AND MODIFICATIONS
6.1 Updates. The Company may, in its sole discretion, develop and release Updates to the Software. For Subscription Licenses, Updates are included during the License Term. For Perpetual Licenses, Updates may require a separate maintenance agreement.
6.2 Mandatory Updates. The Company reserves the right to deploy mandatory Updates that are necessary for security or the continued proper functioning of the Software. You agree to install such mandatory Updates promptly upon notification. Continued use of the Software following a mandatory Update constitutes acceptance of the updated Software.
6.3 Modification of Features. The Company reserves the right to modify, add, or remove features or functionality of the Software at any time. The Company will provide You with at least thirty (30) days' prior written notice of any material change that significantly reduces the core functionality described in the Documentation.
6.4 Acceptance of Updates. Installation of any Update constitutes acceptance of any revised terms accompanying such Update. If You do not agree to the revised terms, Your sole remedy is to cease using the Software and terminate this Agreement in accordance with Section 13.
§7. CONFIDENTIALITY
7.1 Obligation. You acknowledge that the Software contains Confidential Information of the Company. You shall: (a) hold all Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without the Company's prior written consent; and (c) use Confidential Information solely for the purpose of exercising Your rights under this Agreement.
7.2 Standard of Care. You shall protect Confidential Information using at least the same degree of care You use to protect Your own confidential information, but in no event less than reasonable care.
7.3 Exceptions. The obligations in this Section do not apply to information that: (a) is or becomes publicly available through no fault of Yours; (b) was rightfully in Your possession before disclosure by the Company; (c) is independently developed by You without use of or reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided You give the Company prompt written notice and cooperate in seeking a protective order.
7.4 Survival. The obligations under this Section shall survive for five (5) years following the termination or expiration of this Agreement, or for as long as the Confidential Information remains a trade secret under applicable law, whichever is longer.
§8. HARDWARE INDEPENDENCE
8.1 Independent Products. The Software and Compatible Hardware are independent products. The Software is designed to operate with any Compatible Hardware that meets the technical specifications set forth in the Documentation. The Software is not designed, manufactured, or intended to be used exclusively with any specific hardware device.
8.2 No Hardware Bundle. This Agreement governs only the licensing of the Software. Any Compatible Hardware (including but not limited to RGB-Depth cameras, foot plates, and tripods) is a separate general-purpose industrial product, subject to its own purchase terms, warranties, and conditions. The Company makes no representations or warranties regarding any Compatible Hardware.
8.3 Hardware Compatibility. The Software is compatible with USB Video Class (UVC) compliant RGB-Depth cameras. The list of Compatible Hardware is set forth in the Documentation and may be updated from time to time. Compatibility with a specific hardware device does not create any legal, regulatory, or contractual relationship between the Software and such device.
8.4 Regulatory Classification. The regulatory classification applicable to the Software is independent of and separate from any certifications applicable to Compatible Hardware. Nothing in this Agreement shall be construed as creating an accessory relationship between the Software and any hardware device under any applicable regulatory framework, including but not limited to EU MDR 2017/745 Art.2(2).
§9. DATA PROCESSING
9.1 Processing Services. You acknowledge and agree that certain features of the Software require data to be transmitted from Your local device to the Company's servers (including cloud infrastructure) for processing, and that processed results are returned to Your local device. The Company processes such data solely for the purpose of providing the Software functionality. Technical measurement data is not retained beyond the time necessary to complete the processing. Body measurement photographs are retained for the duration specified in the Company's Privacy Policy, or until the data subject requests their deletion.
9.2 Data Categories and Minimization. The data transmitted for Processing Services includes:
(a) technical measurement data (e.g., skeletal point coordinates, depth map data, surface contour data) necessary for the processing function; and
(b) body measurement photographs (e.g., front and side posture images, skeletal overlay images) captured during the measurement process, which constitute Personal Data and may constitute biometric data (a special category of Personal Data under GDPR Art.9 or Sensitive Data under Korea PIPA Art.23).
The Company processes such data solely for the purpose of providing the Software functionality, including body posture analysis, visualization of results, and progress tracking. The collection and processing of body measurement photographs requires Your separate explicit consent, which is obtained at the time of member registration. You may withdraw such consent at any time in accordance with the Company's Privacy Policy, without affecting the lawfulness of processing carried out prior to withdrawal.
The Company applies the principle of data minimization and does not collect data beyond what is necessary for the stated purposes. All processing of Personal Data shall be governed by the Company's Privacy Policy and, where applicable, the Data Processing Addendum.
9.3 Privacy Policy. The collection, use, and disclosure of Personal Data in connection with the Software is governed by the Company's Privacy Policy, available at https://en.motiphysio.com/privacy-policy. By using the Software, You acknowledge that You have read and understood the Privacy Policy.
9.4 Data Processing Addendum. Where the Company processes Personal Data on behalf of You as a data processor (within the meaning of GDPR Art.4(8) or equivalent applicable law), the parties shall enter into a Data Processing Addendum ("DPA") in accordance with GDPR Art.28. The DPA, when executed, shall form an integral part of this Agreement.
9.5 Security. The Company implements reasonable technical and organizational measures to protect data transmitted for Processing Services against unauthorized access, loss, or alteration.
9.6 Your Responsibilities. You are solely responsible for: (a) the accuracy and legality of all data entered into the Software; (b) obtaining all necessary consents and authorizations from data subjects prior to entering their data into the Software, including the separate explicit consent required for the processing of body measurement photographs under applicable data protection laws; and (c) complying with all applicable data protection laws in connection with Your use of the Software.
9.7 Processing of Anonymized Data. The Company may process data that has been de-identified or anonymized — meaning data from which all personally identifiable information has been irreversibly removed such that the data cannot reasonably be used to identify any individual — for the purposes of improving the accuracy and performance of the Software's algorithms and AI models, conducting research and development to enhance existing products or develop new features, and generating aggregated statistical or benchmarking reports. Such de-identified or anonymized data does not constitute Personal Data and its processing is not subject to the data subject rights described in the Company's Privacy Policy.
§10. ACCOUNT SECURITY
10.1 Credentials. You are responsible for maintaining the confidentiality of Your account credentials, including Your email address and any authentication codes used to access the Software. You shall not share Your credentials with any third party.
10.2 Unauthorized Access. You shall immediately notify the Company at global_cs@motiphysio.com if You become aware of any unauthorized use of Your account or any other breach of security. The Company shall not be liable for any loss or damage arising from Your failure to maintain the security of Your credentials.
10.3 Session Management. You shall log out of the Software after each use session and take reasonable measures to prevent unauthorized access to the device on which the Software is installed.
§11. DISCLAIMER OF WARRANTIES
11.1 AS IS. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
11.2 No Warranty of Results. The Company does not warrant that: (a) the Software will meet Your requirements or expectations; (b) the Software will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Software will be accurate, reliable, or complete; or (d) any errors in the Software will be corrected.
11.3 Third-Party Components. The Software may include third-party components, open-source libraries, or cloud services (including Amazon Web Services). The Company disclaims all warranties with respect to such third-party components to the maximum extent permitted by law.
11.4 Mandatory Warranty. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW, INCLUDING:
(a) liability for the Company's willful misconduct or gross negligence under applicable law;
(b) conformity requirements that cannot be excluded under applicable consumer protection or digital content laws; and
(c) warranties that cannot be disclaimed under applicable state or national consumer protection laws.
§12. LIMITATION OF LIABILITY
12.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL LICENSE FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) THE MAXIMUM LIST PRICE FOR THE APPLICABLE LICENSE AS PUBLISHED BY THE COMPANY AT THE TIME OF THE EVENT.
12.3 Mandatory Exceptions. NOTWITHSTANDING SECTIONS 12.1 AND 12.2, NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR:
(a) death or personal injury caused by the Company's negligence;
(b) fraud or fraudulent misrepresentation by the Company;
(c) the Company's willful misconduct or gross negligence; or
(d) any other liability that cannot be limited or excluded under applicable mandatory law.
12.4 Allocation of Risk. You acknowledge that the License Fee reflects the allocation of risk set forth in this Agreement, including the limitations of liability and disclaimers of warranties. The Company would not enter into this Agreement without such limitations.
§13. TERM AND TERMINATION
13.1 Term. This Agreement is effective as of the date You first install, access, or use the Software (whichever is earliest) and continues for the duration of the License Term, unless earlier terminated in accordance with this Section.
13.2 Subscription Renewal. For Subscription Licenses, the License Term shall automatically renew for successive periods equal to the initial term, unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. The Company may adjust the License Fee for each renewal term upon at least sixty (60) days' prior written notice.
13.3 Termination for Breach. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within seven (7) calendar days after receipt of written notice specifying the breach.
13.4 Immediate Termination. Notwithstanding Section 13.3, the Company may terminate this Agreement immediately and without prior notice upon the occurrence of any of the following:
(a) You breach Section 3 (Medical Use Prohibition), Section 5 (Use Restrictions), or Section 7 (Confidentiality);
(b) You use the Software for any unlawful purpose;
(c) You become insolvent, file for bankruptcy, or cease to operate in the ordinary course of business; or
(d) You fail to pay the License Fee within thirty (30) days after the due date.
13.5 Remote Deactivation. You acknowledge and agree that the Company may remotely deactivate or disable the Software: (a) immediately upon termination under Section 13.4; or (b) following the expiration of a seven (7) day cure period under Section 13.3 in which the breach remains uncured. The Company shall provide electronic notice of any deactivation. You waive any claim arising from such deactivation to the maximum extent permitted by law.
13.6 Effects of Termination. Upon termination or expiration of this Agreement for any reason:
(a) all licenses granted hereunder shall immediately terminate;
(b) You shall immediately cease all use of the Software;
(c) You shall permanently delete and destroy all copies of the Software (including backup copies) from all devices and storage media in Your possession or control;
(d) You shall, within ten (10) days of termination, provide the Company with a written certification signed by an authorized representative confirming compliance with this Section 13.6; and
(e) Sections 3.5, 4, 5, 7, 11, 12, 13.6, and 14 shall survive termination.
13.7 No Refund. Except as required by applicable mandatory law, License Fees are non-refundable upon termination, regardless of the reason for termination.
§14. GENERAL PROVISIONS
14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to its conflicts of law principles. To the extent that mandatory consumer protection laws of Your jurisdiction provide protections that cannot be waived by agreement, such mandatory laws shall apply.
14.2 Dispute Resolution. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Seoul Central District Court (서울중앙지방법원) as the court of first instance. Notwithstanding the foregoing, if You are a consumer within the meaning of the applicable consumer protection laws of Your jurisdiction, You may be entitled to bring proceedings in the courts of Your habitual residence, to the extent required by such mandatory laws.
14.3 Export Compliance. You shall comply with all applicable export control and sanctions laws and regulations, including those of the Republic of Korea, the European Union, and the United States.
14.4 Entire Agreement. This Agreement, together with the Order Form, the Privacy Policy, and any Data Processing Addendum, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, or communications, whether written or oral.
14.5 Amendments. The Company reserves the right to modify this Agreement at any time by posting a revised version on its website or by providing notice through the Software. Material changes shall be notified at least thirty (30) days in advance. Your continued use of the Software after the effective date of any modification constitutes acceptance of the modified terms. If You do not agree, Your sole remedy is to terminate this Agreement.
14.6 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.
14.7 Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
14.8 Assignment by Company. The Company may assign this Agreement, in whole or in part, to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, without Your consent. You may not assign this Agreement without the Company's prior written consent.
14.9 Notices. All notices under this Agreement shall be sent: (a) if to the Company, to global_cs@motiphysio.com; and (b) if to You, to the email address provided in Your account or Order Form.
14.10 Language. This Agreement is drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail to the maximum extent permitted by applicable law.
14.11 No Third-Party Beneficiaries. This Agreement is solely between the Company and You. Nothing in this Agreement confers any rights, benefits, or remedies on any third party.
14.12 Force Majeure. The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, epidemics, government actions, network failures, or utility outages.
§15. ACCEPTANCE MECHANISM
15.1 Click-Wrap. Upon initial installation or registration, You will be presented with this Agreement and required to affirmatively indicate Your acceptance by checking a box labeled "I have read and agree to the End User License Agreement" and clicking an "I Agree" or equivalent button. Your affirmative action constitutes a binding acceptance of this Agreement.
15.2 Browse-Wrap. Your continued use of the Software following any Update, modification to this Agreement, or renewal of the License Term constitutes acceptance of the then-current version of this Agreement. A link to the current Agreement shall be accessible at all times within the Software settings.
15.3 EU Right of Withdrawal. If You are a consumer in the European Union, You have the right to withdraw from this Agreement within fourteen (14) calendar days of acceptance without giving any reason. However, by checking the box labeled "I consent to the immediate provision of digital content and acknowledge that I thereby lose my right of withdrawal" prior to downloading or accessing the Software, You expressly consent to the immediate performance of this Agreement and acknowledge that You lose Your right of withdrawal once the download or access begins.
MGsolutions Inc. 1F, 5F, 10 Donggyo-ro 23-gil, Mapo-gu, Seoul, Republic of Korea, 03992 TEL: +82-70-4365-7740 | E-mail: global_cs@motiphysio.com https://en.motiphysio.com
© 2018 MGsolutions Inc. All rights reserved. (This means the Software has been protected by copyright since its original creation in 2018. All intellectual property rights in the Software belong exclusively to MGsolutions Inc.)