END USER LICENSE AGREEMENT

Last updated Mar 05, 2021 MODERN HVAC TECHNOLOGY is licensed to User (You) by Modern HVAC Technology LLC, located at 5555 N SHERIDAN RD SUITE 3, CHICAGO, Illinois 60640, United States (hereinafter: Licensor), for use only under the terms of this license agreement. By downloading this application from AppStore, and any update there to (as permitted by this license agreement), users foreshow that they agree to be bound by all the terms and conditions of this license agreement and accept it. The parties of this license agreement acknowledge that Apple is not a party to this license agreement and is not bound by any provisions or obligations to the application, such as warranty, liability, maintenance, and support. Modern HVAC Technology LLC, not Apple, is solely responsible for the licensed application and its content This license agreement may not provide usage rules for this application that are in conflict with the latest App Store Terms of Service Modern HVAC Technology LLC acknowledges that it has the responsibility to review said terms and the license agreement is not conflicting with them. All rights not expressly granted to users are reserved.

1. THE APPLICATION

MODERN HVAC TECHNOLOGY (hereinafter: app) is a software created to provide best HVAC solution to connect homeowners to service providers. Basic information such as Name, Email ID, Phone and/or Address(s) will be collected to provide speedy and reliable service. Users can use it to promptly book/schedule various HVAC service(s). This app is not tailored to comply with industry-specific regulations such as Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA) and similar others. If users’ interactions are subjected to such laws, they may choose to not use this app. Users are warned not to use it in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

SCOPE OF LICENSE

Users are given a non-transferable, non-exclusive, non-sublicensable authority to install and use this app on any Apple product(s) that they own or control and as permitted by the usage rules set forth in this section and the AppStore Terms of 3.user via family sharing or volume purchasing. This license will also govern any app updates provided by licensor that replace, repair, and/or improve app, unless an independent new license is issued for such update(s) in which case terms of the new license shall govern. Users are neither authorized to share app with third parties beyond the limit allowed by the Apple Terms and Conditions and Modern HVAC Technology LLC's prior written consent nor sell, rent, lend, lease, or otherwise redistribute app. Users are not permitted to reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the app, or any part thereof (except with Modern HVAC Technology LLC's prior written consent). Users cannot copy (excluding when expressly authorized by this license and usage rules) or alter app or portions thereof. Users may create and store copies only on devices that they own or control for backup obeying the terms of license, AppStore Terms of Service, and any other terms and conditions that apply to device(s) or software(s) used. Uses cannot remove any intellectual property notices. Users acknowledge that no unauthorized third parties can gain access to these copies at any time. Violations of above-mentioned obligations, including any attempt of such infringement, are liable to subject to damages and prosecution 2.7 Licensor reserves the right to modify the terms and conditions of licensing. Nothing in this license should be interpreted to restrict third-party terms. Users must ensure that they comply with applicable third-party terms and conditions while using it.

TECHNICAL REQUIREMENTS

This app requires a firmware version 1.0.0 or higher. Licensor recommends using latest firmware version Licensor will attempt to keep the application updated for its compatibility with modified/new versions of the firmware/hardware. In no circumstance users are granted rights to perform any such update(s) on their own. Users acknowledge that it is their responsibility to confirm and determine that the device on which they intend to use the app satisfies the technical specifications mentioned above. Licensor reserves the right to modify the technical specifications of app when its appropriate to do at any time

MAINTENANCE AND SUPPORT

Licensor is solely responsible for maintenance and support of services for app. User can reach out to the Licensor through email address listed in AppStore overview of app Modern HVAC Technology LLC and users acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services related to app

USE OF DATA

Users acknowledge that licensor will be able to access and adjust but not modify/alter app content and their personal information, and that licensor's use of such material and information is subject to their legal agreements with Licensor and Licensor's privacy policy: https://modernhvactech.com/privacy-policy.html .

USER GENERATED CONTRIBUTIONS

This app does not offer users to submit or post content. We may provide users with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the app, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the app and through third-party websites or applications. As such contributions users transmit shall be treated in accordance with the Application Privacy Policy. When users create or make available any contributions, they thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of their contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. Users are the creator and owner of or have the necessary license, rights, consents, releases, and permissions to use and to authorize us, the app, and other users of the app to use their contributions in any manner contemplated by the app and Terms of Use. Users have the written consent, release, and/or permission of each identifiable individual person in their contributions to use the name or likeness or each such identifiable individual person to enable inclusion and use of their contributions in any manner contemplated by the app and Terms of Use. Users’ contributions are not false, inaccurate, or misleading. Users’ contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Users’ contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Users’ contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Users’ contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Users’ contributions do not violate any applicable law, regulation, or rule. Users’ contributions do not violate the privacy or publicity rights of any third party. Users’ contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Users’ contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors. Users’ contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap Users’ Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

CONTRIBUTION LICENSE

Users agree that we may access, store, process, and use any information and personal data that they provide following the terms of the Privacy Policy and their choices (including settings). By submitting suggestions/feedback about app, users agree that we can use and share such feedback(s) for any purpose without compensation to users. We do not assert any ownership over users’ contributions. Users retain full ownership of all their contributions and any intellectual property rights, or other proprietary rights associated with their contributions. We are not liable for any statements or representations in their contributions provided by them in any area in the app. Users are solely responsible for their contributions to the app and they explicitly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding their contributions.

LIABILITY

Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, users are required to make use of backup functions of the app to the extent allowed by applicable third- party terms and conditions of use. They are aware that in case of alterations or manipulations of the app, they will not have access to licensed app.

WARRANTY

Licensor warrants that app is free of spyware, trojan horses, viruses, or any other malware at the time of download. Licensor warrants that app works as described in the user documentation. No warranty is provided for the app that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined, or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of if by their self or by third party, or if there are any other reasons outside of Modern HVAC Technology LLC's sphere of influence that affect the executability of app. Users are required to inspect the app immediately after installing it and notify Modern HVAC Technology LLC about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of days after discovery. If we confirm that app is defective, Modern HVAC Technology LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery. In the event of any failure of the app, to claim any applicable warranty, users may notify the App-Store-Operator, and their app purchase price will be refunded. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the app, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty. If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the app was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

PRODUCT CLAIMS

Modern HVAC Technology LLC and the Users acknowledge that Modern HVAC Technology LLC, and not Apple, is responsible for addressing any claims of the users or any third party relating to the app or users’ possession and/or use of that app including, but not limited to product liability claims. any claim that the licensed app fails to comply with any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation, including in connection with their app’s use of the Health Kit and Home Kit.

LEGAL COMPLIANCE

Users represent and warrant that they 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 that they are not listed on any U.S. Government list of prohibited or restricted parties.

CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning the licensed app, please contact: Modern HVAC Technology LLC 5555 N SHERIDAN RD SUITE 3 CHICAGO, IL 60640 United States modernhvactech@gmail.com

TERMINATION

The license is valid until terminated by Modern HVAC Technology LLC or by users. Users’ rights under this license will terminate automatically and without notice from Modern HVAC Technology LLC if they fail to adhere to any term(s) of this license. Upon License termination, they shall stop all use of ap, and destroy all copies, full or partial of it.

THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Modern HVAC Technology LLC represents and warrants that Modern HVAC Technology LLC will comply with applicable third-party terms of agreement when using app. In accordance with section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and upon users’ acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against users as a third-party beneficiary thereof.

INTELLECTUAL PROPERTY RIGHTS

Modern HVAC Technology LLC and users acknowledge that, in the event of any third-party claim that this app or the End-User's possession and use of that app infringes on the third party's intellectual property rights, Modern HVAC Technology LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

APPLICABLE LAW

This license agreement is governed by the laws of the State of Illinois excluding its conflicts of law rules.

MISCELLANEOUS

Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose