Terms of Useand License Agreement.

These Terms of Use and License Agreement (the "Terms") are a binding agreement between you and Hopes Tinkery LLC ("Hopes Tinkery", "we", "us"). They govern the PumpDash apps for iPhone, Android, Windows and macOS (the "App") and pumpdash.app (the "Site").

By downloading, installing or using the App, or using the Site, you agree to these Terms and to our Privacy Policy. If you don't agree, don't download, install or use them.

You must be at least 18 years old, or the age of majority where you live, to accept these Terms. A minor may use the App only with the permission and supervision of a parent or legal guardian who accepts these Terms on the minor's behalf and is responsible for the minor's use.

PUMPDASH IS NOT A MEDICAL DEVICE. IT IS FOR GENERAL INFORMATION AND CONVENIENCE ONLY. DO NOT USE IT TO MAKE INSULIN DOSING OR OTHER TREATMENT DECISIONS.

• The App has not been cleared or approved by the U.S. Food and Drug Administration or any other regulator. It is not intended to diagnose, treat, cure, mitigate or prevent any disease or condition.
• Information in the App may be delayed, incomplete, inaccurate, estimated or unavailable. Pump data depends on uploads by third-party services and can be an hour or more old. Some values are estimates and may be wrong.
• The App does not provide alerts or alarms. It must never replace the alarms, readings or instructions of your insulin pump, continuous glucose monitor, blood glucose meter or the manufacturers' official apps.
• Always confirm readings with your approved medical devices, and talk to your healthcare provider before making any medical decision.
• In an emergency, call 911 or your local emergency number immediately. Do not rely on the App.

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the App on devices you own or control, for personal, noncommercial purposes. We reserve all rights not expressly granted.

If you received the Windows or macOS App under the PolyForm Noncommercial License 1.0.0, that license also governs your rights to that software. Commercial use of any version of PumpDash requires our written permission.

The App reads data from the Tandem Source^* account that you sign in to. By connecting an account, you represent that you own it or are legally authorized to access it, for example as the parent or legal guardian of the person who wears the devices, or with that person's permission.

You are responsible for keeping your devices and sign-in information secure, and for complying with Tandem's^* own terms when you use its services.

The App works with services we do not control, including Tandem Source^*, Sugarmate, Apple and Google, and there is no public developer interface for this data. Those services are governed by their own terms and may change, limit or end access at any time without notice. When they do, the App may stop working, show incomplete data or need an update. We are not responsible for third-party services, their availability or the data they provide.

You agree not to:

• use the App to access any account or data you are not authorized to access;
• interfere with, overload or disrupt Tandem's^* or anyone else's services;
• use the App for any commercial purpose without our written permission;
• represent that PumpDash is made, endorsed or approved by Tandem Diabetes Care^*, Apple or Google;
• remove or obscure any notice in the App, including the medical notice; or
• use the App or the Site in violation of any law.

Pre-release versions, including builds distributed through TestFlight, may contain errors and are provided for testing. If you send us feedback or suggestions, you allow us to use them freely and without obligation to you.

We may update, change, suspend or discontinue the App or the Site, or any feature of them, at any time. Some updates may be required to keep using the App. We have no obligation to provide support or updates, and nothing in these Terms guarantees that the App will remain available or compatible with any device or service.

PumpDash is an independent app made by Hopes Tinkery LLC. It is not affiliated with, endorsed by, sponsored by or approved by Tandem Diabetes Care, Inc. Hopes Tinkery does not speak for Tandem^* or any other company named here, and references to their products describe compatibility only.

Tandem, Tandem Mobi, Tandem Source, Control-IQ and Sugarmate are trademarks of Tandem Diabetes Care, Inc. Apple, iPhone, Apple Watch, CarPlay, macOS and App Store are trademarks of Apple Inc. Android and Google Play are trademarks of Google LLC. Windows is a trademark of Microsoft Corporation. All other trademarks belong to their respective owners and are used only to identify compatible devices and services.

The App, the Site and their content, including the PumpDash name and logo, belong to Hopes Tinkery LLC or its licensors and are protected by copyright, trademark and other laws. These Terms give you no ownership rights.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY INFORMATION IT SHOWS WILL BE CURRENT OR CORRECT.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOPES TINKERY AND ITS MEMBERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, HEALTH OUTCOME, LOSS OF DATA, PROFITS OR REVENUE, ARISING OUT OF OR RELATING TO THE APP, THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR US$50.

Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

To the extent permitted by law, you agree to indemnify and hold harmless Hopes Tinkery from any claims, losses and costs, including reasonable attorneys' fees, arising from your misuse of the App, your violation of these Terms, or your access to any account you were not authorized to access.

You may stop using the App at any time by deleting it. Your license ends automatically if you breach these Terms. When it ends, you must stop using and delete the App. Sections that by their nature should survive, including the medical notice, disclaimers, limitation of liability, indemnification and governing law, survive termination.

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Bernalillo County, New Mexico, and you and we consent to their jurisdiction, except that either of us may bring an individual claim in small-claims court. If you are a consumer, nothing here removes protections you have under the mandatory laws of the country where you live.

If you obtained the App from Apple's App Store, the following also applies and controls over anything inconsistent in these Terms:

• Acknowledgement. These Terms are between you and Hopes Tinkery only, not Apple Inc. ("Apple"). Hopes Tinkery, not Apple, is solely responsible for the App and its content.
• Scope of license. Your license is a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Hopes Tinkery is solely responsible for any maintenance and support of the App. Apple has no obligation to provide any maintenance or support services for the App.
• Warranty. Hopes Tinkery is solely responsible for any product warranty not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Hopes Tinkery's responsibility, subject to these Terms.
• Product claims. Hopes Tinkery, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Hopes Tinkery, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Direct any questions, complaints or claims about the App to Hopes Tinkery LLC, Albuquerque, New Mexico, United States, at hopes@hopestinkery.com.
• Third-party terms. You must comply with applicable third-party terms when using the App, such as your wireless data service agreement and Tandem's^* terms.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you obtained the App from Google Play, Google is not a party to these Terms and is not responsible for the App. Google Play's Terms of Service also apply to your download.

If you obtained the App from the Microsoft Store, Microsoft is not a party to these Terms and is not responsible for the App. These Terms are the App's license terms, and the Microsoft Store's own terms also apply to your download.

These Terms and the Privacy Policy are the entire agreement between you and us about the App and the Site. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. Nothing in these Terms creates any partnership, agency or employment relationship.

We may update these Terms. We will post changes on this page and update the effective date above, and for material changes we will give notice on the Site or in the App's release notes before they take effect. Continuing to use the App or the Site after changes take effect means you accept them.

Hopes Tinkery LLC, Albuquerque, New Mexico, United States. Email hopes@hopestinkery.com, or see our Privacy Policy and support page.