END USER LICENSE AGREEMENT

Last Updated: September 4, 2026

This EULA is between McKinnis Creatives, LLC ("Linguify," "we," "us," "our") and you ("you," "your," "Customer"). By installing, accessing, or using the Linguify servers, software, or related services (the "Service"), you agree to be bound by this Agreement.

1. DEFINITIONS

"Service" = Linguify's hardware, software executables, documentation, websites (including all *.linguify.io subdomains), APIs, updates, and related products and services.

"Licensed Software" = Linguify's proprietary applications and modules, including but not limited to: linguify_ui.exe (the operator dashboard application), linguify_server.exe (the on-premise transcription engine), linguify_client.exe (the audio capture/streaming client), LocalApp.exe (Linguify's public-facing companion web application, used for Guest Follow-Up, engagement analytics, and Salvation Tracker), linguify_streamer.exe, linguify_ai.exe, linguify_audio_transcriber.exe, linguify_tts_v1.exe and linguify_tts_v2.exe (voice-synthesis engines), transcript_manager.exe, linguify_ndi.exe, font_library.exe, linguify_ui_supervisor.exe, and linguify_updater.exe (where applicable) — together with any successor, renamed, or additional executables, modules, or components Linguify releases as part of the Service, and all associated patches, enhancements, and updates. Linguify may add, remove, rename, or reorganize individual executables/modules over time without amending this Agreement, provided the Service they collectively provide remains subject to this Agreement.

"Hardware" / "Linguify Server" = the physical server or device sold or provided by Linguify, configured and/or locked to run the Licensed Software.

"License Key" = an alphanumeric code that authorizes use of the Licensed Software on one or more specific, registered devices. License Keys are issued as one of the following functional types: Server License Key (for Hardware running the transcription engine), Client License Key (for a device capturing/streaming audio), or Universal License Key (usable for either role, issued at Linguify's discretion). A single License Key may authorize more than one registered device at a time, subject to a device limit Linguify sets and administers for that key (see Section 3.5).

"Subscription License" = a time-bound (monthly or annual) license, subject to renewal fees, which may be billed as a flat recurring fee, a metered/usage-based fee, or a combination of both (see Section 6).

"Perpetual License" = a license for indefinite use on a particular device, granted only if explicitly agreed in writing.

"Beta License" = a license for pre-release or early-access versions of the Service, subject to the disclaimers in Section 5.4.

"You" / "Customer" = the individual or entity purchasing, leasing, subscribing to, or using the Service.

"Documentation" = instructions, user guides, release notes, and other explanatory materials Linguify provides.

"User Content" = any audio, transcripts, translations, recordings, AI-generated summaries, captions, and other content processed, generated, or stored through the Service, together with any visitor, guest, or attendee information you collect or manage using the Service's engagement, follow-up, or similar features (see Section 8).

2. ACCEPTANCE & SCOPE

2.1 Acceptance Mechanism — Installing, accessing, powering on, or using the Hardware or Licensed Software, or clicking "I Accept," confirms your agreement to this EULA. Acceptance is recorded in two ways, both of which apply: (a) locally, through a confirmation step inside the Licensed Software; and (b) centrally, against your License Key(s) and the hardware identifier of each registered device, where Linguify records the date/time, IP address, and the version of this Agreement you accepted. When Linguify materially updates this Agreement, Linguify may mark your License Key(s) as requiring re-acceptance, so your installed Licensed Software prompts you again before continuing to operate fully — in addition to posting the updated Agreement as described in Section 13.3.

2.2 Entire Agreement — This EULA, together with any separate Sales Agreement or addenda, constitutes the entire understanding between you and Linguify regarding the Service.

3. LICENSE GRANT & USAGE

3.1 Grant of License — Subscription License: non-exclusive, non-transferable, revocable, for the subscription term, on your licensed Hardware/devices. Perpetual License: granted only if agreed in writing. Beta License: subject to the disclaimers in Section 5.4. Universal License Keys may be issued at Linguify's discretion and used for either a server or a client role (or reassigned between roles) as your deployment requires. The fees associated with any License Key — flat, metered/usage-based, or both — are governed by Section 6 and your order form.

3.2 License Scope & Restrictions — Each device on which you install or run the Licensed Software becomes bound ("hardware-locked") to its own device identifier the first time it registers under your License Key; a single License Key may have more than one authorized device registered to it at a time, subject to the device limit described in Section 3.5. You may not: transfer a registered device's authorization to different Hardware without Linguify's written consent (or the self-service replacement process in Section 3.5); reverse-engineer, decompile, or create derivative works from the Licensed Software; disable or interfere with license validation, remote management, or security features; resell, rent, lease, or sublicense the Service except as authorized in writing; or use the Service unlawfully.

3.3 Authorized Devices & Usage — A Client License Key authorizes capturing/streaming audio from the client machine(s) registered to it. A Server License Key authorizes running the transcription engine on Hardware registered to it; multiple client devices may connect to and use that server concurrently if your plan and Hardware allow. Moving the Licensed Software to new or replacement Hardware requires advance contact with Linguify so the new device can be registered (see Section 3.5); unapproved hardware will not validate against your existing License Key.

3.4 Indefinite or Special Arrangements — Indefinite, free, courtesy, or private-Beta licenses remain valid only per the written agreement under which they were offered; Linguify may revoke or modify them on breach.

3.5 Device Limits; Deregistration; Remote License Management — Each License Key has a maximum number of devices ("Max Devices") that Linguify sets when the key is issued and may increase or decrease at its discretion. A device is automatically registered to your License Key, up to the applicable Max Devices, the first time it successfully validates; once that limit is reached, no additional device can register until Linguify raises the limit or a registered device is deregistered. You may ask Linguify to deregister a specific device (for example, when hardware is retired or replaced) to free its slot for a replacement, without needing a new License Key.

4. HARDWARE TERMS

4.1 Ownership & Title — You own the physical Hardware; Linguify retains all intellectual-property rights in the software, firmware, and remote-management tools running on it.

4.2 Hardware Lock & Remote Management — Hardware is locked to Linguify's configured OS/firmware; unauthorized internal component changes may render the software inoperable. Linguify uses remote management (including third-party RMM tooling) for updates, diagnostics, and the license-enforcement mechanics described in Section 3.5; using the Hardware means you consent to this, including usage-log audits and automatic or manual updates.

4.3 Hardware Warranty — Linguify provides a 30-day warranty from the delivery date for manufacturing defects or performance issues arising under normal use. Beyond 30 days, Linguify provides reasonable support and diagnostics but does not guarantee free repair or replacement; manufacturer warranties beyond 30 days may still apply where available. On-site support may be available at Linguify's discretion if you are within approximately 75 miles of a Linguify technician; otherwise support is remote only.

4.4 Buyback or Cancellation — On cancellation or termination, Linguify may, at its option and by mutual agreement, buy back the Hardware or remotely wipe the Licensed Software so you may repurpose the device. There is no guaranteed refund or buyback.

5. BETA USE, TRIALS & DISCLAIMER

5.1 Private Beta & Early Access — Linguify is currently in private Beta; Beta features may be incomplete or unstable.

5.2 Trial Licenses — Time-limited; auto-end per trial documentation or early termination by Linguify.

5.3 Indefinite Beta Licenses — Rare, strictly per the terms agreed at the time of offering; revocable on breach.

5.4 Beta Disclaimer — Beta software is provided "AS IS"; you assume all risk; not for use in high-risk environments.

6. PAYMENTS & FEES

6.1 Subscription & Metered Usage Fees

(a) Flat Subscription Fees. Where your order form specifies a flat recurring fee, you agree to pay that fee on a monthly or annual basis as invoiced. Late payment may result in suspension or termination of your license.

(b) Metered / Usage-Based Fees. Linguify also offers, and may enable for your License Key(s), a metered/usage-based billing option. Under metered billing, your Licensed Software periodically reports usage — measured in active seconds of core transcription/translation use ("base usage") and, separately, active seconds attributable to each additional language actively translated beyond the first ("additional-language usage") — to Linguify. Cloud Processing Mode transcription usage is tracked and billed separately from on-premises usage. Once metered billing has been provisioned for your account, Linguify bills usage together with any applicable recurring base fee through its payment processor (currently Stripe). Linguify does not bill retroactively for usage predating provisioning.

(c) Whether your License Key is billed on a flat or metered basis (or both) is set by Linguify and identified on your order form or invoice; Linguify may change a License Key's billing mode prospectively, effective for usage reported after the change, on notice to you.

6.2 Perpetual or Special Fees — Per the applicable purchase agreement.

6.3 Refunds — Non-refundable except as required by law or stated in writing; this includes fees for usage already reported and billed under Section 6.1(b). Hardware returns/refunds are governed only by the applicable sales agreement.

6.4 Upgrades & Additional Devices — Additional fees may apply for additional client devices, a higher device limit on an existing License Key, or a hardware upgrade. Contact Linguify to request a device-limit increase, an additional License Key, or a higher-capacity server.

7. SUPPORT & MAINTENANCE

7.1 Standard Support — Remote diagnostics and troubleshooting via RMM tooling for patches, updates, and general assistance.

7.2 On-Site Support — Discretionary, and generally only available if you are within approximately 75 miles of a Linguify technician; otherwise support is remote only.

7.3 Data Backup Assistance — Linguify may assist with disk imaging or backups for migrations/upgrades; you remain responsible for backing up your own transcripts and recordings. Linguify disclaims liability for lost data.

7.4 No Guarantee of Compatibility — Linguify makes reasonable efforts only; no guarantee of compatibility beyond recommended specifications or after unauthorized modifications.

8. DATA PRIVACY & RECORDINGS

8.1 Local Storage of Transcripts; Transcription Mode — Where your deployment uses on-premise/server-based transcription ("Linguify Server" mode), audio, transcripts, recordings, and other User Content are processed on your Hardware/client devices and stored locally; Linguify does not centrally store or retain this content unless you voluntarily provide it. Where your deployment instead uses Linguify's cloud transcription option ("Linguify Cloud" mode — the default mode in current shipped versions of the Service), live audio is streamed in real time to Linguify's cloud transcription infrastructure for conversion to text, relying on one or more third-party AI speech-to-text subprocessors (see Section 8.6). Linguify's own servers do not persistently store this audio, but it is received and briefly processed by the third-party subprocessor(s) before the resulting text is returned to your deployment. You may switch modes in Settings. Section 8.6 also applies whenever you enable cloud-based voice-synthesis or AI-summary features, regardless of transcription mode.

8.2 Responsibility for Recorded Data — You must obtain consent from recorded individuals and comply with wiretapping, privacy, and data-protection laws applicable to your recording, transcription, translation, and distribution activities — including any consent needed for the cloud-based and third-party processing described in Sections 8.1 and 8.6. Linguify disclaims liability for your failure to do so.

8.3 Analytics, Logging & Engagement Features — Linguify may collect anonymized usage logs and debug reports. Separately, the Service includes optional features hosted on Linguify's companion public-facing website product: guest/visitor engagement analytics, guest follow-up tools, and a Salvation Tracker prompt. The engagement and follow-up tools can capture and store identifiable information about visitors to your website/livestream (names, contact details submitted through your site, visit/engagement history, and staff follow-up notes). The Salvation Tracker records an individual visitor's response linked to their signed-in account information, or to their IP address and a persistent device identifier if they are not signed in — it is not an anonymous counter — and, if you enable an available webhook option, that response (with identifying information, if known) may be relayed to a third-party system you configure. As between you and Linguify, you are responsible for the collection, use, retention, and protection of any such information, for providing appropriate notices and obtaining consents from your visitors, and for compliance with applicable privacy law with respect to it, given its sensitive nature; Linguify processes it only as your service provider for the features you choose to enable. This EULA does not restate Linguify's full data-handling practices — see the Privacy Policy for complete disclosures.

8.4 Not HIPAA/GDPR Certified — No compliance guarantee is made; you bear responsibility for your own compliance validations.

8.5 High-Risk Use — Not for use in life-support, emergency, high-risk, or mission-critical contexts.

8.6 Third-Party AI, Voice-Synthesis & Delivery Subprocessors — Depending on the features and configuration you choose, the Service may transmit audio, transcript text, or translated text to third-party subprocessors to provide cloud speech-to-text, AI-generated summaries, AI voice synthesis, and delivery of AI-generated summaries by email or to a webhook endpoint you specify.

9. INTELLECTUAL PROPERTY & INDEMNIFICATION

9.1 Ownership — Linguify retains all intellectual-property rights in the Licensed Software, related materials, and all modifications and derivatives.

9.2 Open-Source Components — Provided under their respective licenses; source references available if required.

9.3 Indemnification by Customer — You indemnify Linguify against third-party claims arising from your misuse of the Service, your violation of law (including in connection with recording, transcription, or distribution), or claims that your User Content infringes a third party's rights. "User Content" includes any visitor or guest information you collect through the Service's engagement, follow-up, or Salvation Tracker features.

9.4 Intellectual Property Infringement — If the Licensed Software is alleged to infringe, Linguify will, at its option, obtain the right for you to continue use, replace or modify the software, or terminate the license — this is Linguify's entire liability for infringement claims.

10. LIMITED WARRANTY & DISCLAIMERS

10.1 Limited Hardware Warranty — Per Section 4.3: 30 days from delivery, repair or replacement at Linguify's discretion.

10.2 Software Warranty — Provided "AS IS"/"AS AVAILABLE" except for express warranties in a separate written agreement; Linguify disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10.3 Beta & Trial Disclaimer — Furnished without warranty; may contain errors, data corruption, instability, or inaccurate transcriptions/translations.

10.4 No Guarantee of Uninterrupted Availability — Periodic downtime is possible for maintenance, security, or other reasons.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Certain Damages — No liability for indirect, incidental, special, consequential, or punitive damages, including lost profits.

11.2 Liability Cap — Total cumulative liability is capped at the total amounts you paid for Hardware plus subscription/license/metered-usage fees in the preceding 12 months, or $100, whichever is greater.

11.3 High-Risk Exclusion — No liability for unauthorized high-risk usage.

12. TERM & TERMINATION

12.1 Term — Subscription: begins per the order form, auto-renews unless either party gives 30 days' notice of non-renewal. Perpetual: continues indefinitely unless terminated under this Agreement.

12.2 Termination by Linguify — For uncured breach (15 days' notice to cure), non-payment, or tampering with license, software, or hardware locks.

12.3 Effect of Termination — Your right to use the Service ceases immediately; Linguify may remotely disable it, deregister some or all of your devices, reduce your device limit to zero, and/or require re-acceptance of this Agreement as a condition of any continued or reinstated use. You may keep the Hardware without the Licensed Software (or arrange a buyback per a separate agreement); no refunds unless legally required or agreed in writing. Following termination, Linguify may delete your license record and associated device/usage history from its systems, except as needed for legal, billing, or accounting purposes.

12.4 Survival — Ownership, confidentiality, disclaimers, liability limitations, indemnification, dispute resolution, and other by-nature-surviving sections survive termination.

13. AUTOMATIC UPDATES & MODIFICATIONS

13.1 Remote Patching — You consent to remote software updates and patches, especially for security or critical performance issues.

13.2 Version Choice — Linguify may allow you to continue on older versions up to a limit; some new features or critical fixes may require immediate update for license compliance.

13.3 Changes to EULA — Linguify may modify this Agreement. Material changes will be posted on Linguify's website and/or communicated in new releases. Linguify also tracks a version number for this Agreement centrally; when a change is material, Linguify may mark previously-accepted License Keys as requiring re-acceptance (see Section 2.1). Continued use of the Service after such notice or re-prompt constitutes acceptance.

14. GOVERNING LAW & DISPUTE RESOLUTION

14.1 Governing Law — State of Georgia, USA; the CISG does not apply.

14.2 Venue — State/federal courts in Forsyth County, Georgia; the parties submit to exclusive jurisdiction there.

14.3 Arbitration & Class Action Waiver — Linguify may elect, at its sole discretion, binding arbitration in or near Forsyth County, Georgia; you waive class or consolidated claims; the arbitrator's decision is final and binding.

15. MARKETING & PUBLICITY

Linguify may reference your name or logo for marketing unless you revoke that permission in writing; Linguify may highlight usage stories or testimonials, subject to confidentiality.

16. MISCELLANEOUS

16.1 Export Controls — The Service may be subject to U.S. export laws; you represent that you are not located in an embargoed jurisdiction. Linguify currently only sells and ships within the USA.

16.2 Assignment — You may not assign this Agreement without Linguify's written consent; Linguify may freely assign it to an affiliate or successor.

16.3 Force Majeure — No liability for delays caused by events beyond reasonable control.

16.4 No Third-Party Beneficiaries.

16.5 Severability & Waiver.

17. ACCEPTANCE & CONTACT INFORMATION

17.1 Acceptance — Installing, executing, or continuing to use the Service confirms your acceptance — both through the in-app confirmation step and the centrally recorded, versioned acceptance tied to your License Key(s) described in Section 2.1. If you disagree, stop use and contact Linguify to arrange return or removal.

17.2 Contact Us — McKinnis Creatives, LLC. Phone: (404) 754-6767. Email: contact@linguify.io. Web: linguify.io