END USER LICENSE AGREEMENT (EULA) FOR epTools
Last updated: October 10, 2026
1. ACCEPTANCE OF AGREEMENT
This End User License Agreement ("Agreement" or "EULA") is a binding legal contract between you ("You," "User," or "Licensee") and Busy Being Born Solutions, LLC, an Alabama limited liability company with its principal place of business at 11 Old Chimney Road, Huntsville, Alabama 35801 ("Company," "we," "us," or "our"), governing your use of the epTools and epTools Lite software applications and any related services (collectively, the "App").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
If you are using the App on behalf of an organization, you represent and warrant that you have authority to bind that organization to this Agreement, and "You" refers to both you individually and that organization.
2. RELATIONSHIP WITH APPLE
This Agreement is concluded between You and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the App and its content.
You acknowledge that 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. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of the Company.
The Company is solely responsible for addressing any claims relating to the App or Your possession and/or use of the App, including but not limited to: (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.
In the event of any third-party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and 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.
3. INTENDED USE AND USER ELIGIBILITY
3.1 Intended Users
The App is intended solely for use by licensed healthcare professionals with appropriate training and credentials in cardiology, electrophysiology, or related medical specialties. By using the App, You represent and warrant that You are a licensed healthcare professional or are using the App under the direct supervision of one, acting within the scope of Your professional practice.
The App is not intended for use by patients, the general public, or any person who is not a qualified healthcare professional.
3.2 Intended Use
The App provides adjunctive clinical decision-support information to assist qualified healthcare professionals in their independent clinical evaluation of electrocardiogram (ECG) images and related cardiac electrophysiology data. The App is intended as an educational and reference tool to supplement, not replace, the independent professional judgment of the user.
3.3 NOT A DIAGNOSTIC DEVICE; NO MEDICAL ADVICE
THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS. ALL OUTPUTS, ANALYSES, CALCULATIONS, AND SUGGESTIONS PRODUCED BY THE APP, INCLUDING THOSE GENERATED BY ARTIFICIAL INTELLIGENCE MODELS, ARE FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY. THEY DO NOT CONSTITUTE A MEDICAL DIAGNOSIS AND MUST NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY CLINICAL DECISION.
The user is solely responsible for: (a) independent clinical evaluation of any patient; (b) verification of any information produced by the App; (c) all diagnostic and treatment decisions; and (d) compliance with applicable standards of care.
4. PRIVACY, PROTECTED HEALTH INFORMATION, AND DATA HANDLING
4.1 Your Responsibility for Protected Health Information
You are solely responsible for ensuring that Your use of the App complies with all applicable privacy and data-protection laws, including without limitation the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), and with the policies of any covered entity or organization on whose behalf You act. You are responsible for determining whether a business associate agreement ("BAA") or other agreement is required before submitting, storing, or sharing any image or data through the App, and for executing any such agreement.
4.2 Mandatory On-Device Image Redaction
Before an image is transmitted for analysis, saved to the App's image library, or shared, the App uses on-device image analysis to detect and obscure ("redact") text that may constitute patient identifiers burned into ECG or other clinical images, and requires You to review the result. Redaction review is required and cannot be disabled. THIS REDACTION FEATURE IS AN AUTOMATED, BEST-EFFORT AID AND DOES NOT GUARANTEE THE DETECTION OR REMOVAL OF ALL PROTECTED HEALTH INFORMATION OR OTHER IDENTIFIERS. Detection may miss identifiers, may misclassify clinical content, or may fail entirely. You remain solely responsible for reviewing each image and confirming that it does not contain Protected Health Information before You transmit, store, or share it.
4.3 Per-Instance Attestation for Un-Redaction
The App classifies each detected region by risk and, for higher-risk regions, requires You to provide an explicit, per-instance confirmation before that region is left visible (un-redacted). BY CONFIRMING SUCH AN OVERRIDE, YOU ATTEST THAT THE CONTENT IN THE IDENTIFIED REGION IS NOT PROTECTED HEALTH INFORMATION, AND YOU ACCEPT SOLE RESPONSIBILITY FOR THAT DETERMINATION. You acknowledge that the Company does not review, and is not responsible for, any content You elect to leave visible. Each override, dismissal, and manually added redaction You make is recorded as described in Section 4.4.
4.4 Audit Records
To support the integrity of the redaction-review and sharing processes described in Sections 4.2, 4.3, and 4.7, the App maintains a log of redaction-review decisions and sharing attestations. THESE RECORDS ARE DESIGNED NOT TO CONTAIN PROTECTED HEALTH INFORMATION, AND DO NOT CONTAIN THE UNDERLYING IMAGE OR THE DETECTED TEXT. Each record contains only non-identifying metadata, which may include: a one-way cryptographic hash of the affected text, the detection category and risk level, the location and size of the region within the image, a one-way cryptographic hash of the image, the App version, the version of this Agreement You accepted, an anonymous device-scoped identifier, and the action You took (for example, an attested override, a dismissal, a manually added redaction, or a whole-image attestation made before sharing a Saved Pair). The anonymous identifier is generated on the device and is not linked to Your name, Apple ID, or other directly identifying information.
4.5 Storage and Retention of Audit Records
The audit records described in Section 4.4 are stored on Your device and are not transmitted to the Company. They are automatically deleted from Your device ninety (90) days after they are created. Deleting the App deletes these records.
4.6 Submission of Images to AI Services
Certain App features transmit images and related data to artificial-intelligence services for the purpose of generating decision-support output. These services may be operated by the Company through a proxy and/or by third-party model providers. If You enter Your own account credentials or API key for a third-party model provider, the relevant requests are made under Your account with that provider and are governed by Your agreement with that provider. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY IMAGE OR DATA YOU SUBMIT HAS BEEN APPROPRIATELY DE-IDENTIFIED AND THAT SUCH SUBMISSION IS PERMITTED UNDER APPLICABLE LAW AND YOUR ORGANIZATION'S POLICIES. The handling, retention, and use of submitted data by the Company and any third-party provider are described in the Privacy Policy (https://www.busy-being-born.com/new-page-2).
4.7 Sharing of Saved Pairs
The App allows You to export saved image and ground-truth pairs ("Saved Pairs") as files and send them to other users through messaging, email, file-transfer, or other services You select (for example, Mail, Messages, or AirDrop). Before any Saved Pair is shared, the App requires the image to have passed the redaction review described in Section 4.2 and requires You to attest that the image contains no Protected Health Information. BY CONFIRMING THAT ATTESTATION, YOU ACCEPT SOLE RESPONSIBILITY FOR THAT DETERMINATION AND FOR YOUR CHOICE OF RECIPIENTS.
Shared files are sent directly by You through the service You select; they are not transmitted to or stored on servers operated by the Company. The Company does not review, and is not responsible for, the content of any Saved Pair You share or receive, or for the practices of the service used to send it. Each attestation is recorded as described in Section 4.4.
If You import a Saved Pair shared with You, You are responsible for ensuring that Your receipt, storage, and use of it comply with applicable law and Your organization's policies. Ground-truth answers and notes in a shared Saved Pair reflect the sender's judgment and are not verified by the Company.
4.8 Images Stored on Your Device
Images and related data You save in the App, including Saved Pairs and exported result files, are stored on Your device. They are not transmitted to the Company, but they may be included in backups of Your device (for example, iCloud or computer backups) according to Your device settings. You are responsible for the security of Your device and its backups and for deleting stored images when they are no longer needed.
4.9 Anonymous Usage Statistics and Service Integrity
With Your permission, the App collects anonymous statistics about which tools are used, to help improve the App. These statistics are not linked to Your identity, do not include images or clinical data, and are transmitted to servers operated by the Company and its sub-processor Cloudflare, Inc. They are kept for twelve (12) months, after which only aggregate monthly totals that contain no identifiers are retained. Whether or not You grant permission, the App records Your choice as an anonymous count with no other information. You may change this choice at any time in the App's settings. To protect its services from abuse and to enforce limits on AI use, the App also uses Apple's device-integrity services to confirm that requests come from a genuine installation of the App, and the Company keeps anonymous per-installation usage counts for that purpose, as described in the Privacy Policy.
5. LICENSE GRANT
Subject to Your compliance with this Agreement, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for Your own professional purposes on Apple-branded products that You own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. 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 permitted by those Usage Rules (including Family Sharing, where applicable).
6. SUBSCRIPTIONS AND PURCHASES
6.1 Subscriptions
Except as provided in Sections 6.2 and 6.3, use of epTools, including its artificial-intelligence features, requires an active auto-renewing subscription purchased through Apple. Subscriptions renew automatically at the end of each period unless cancelled at least 24 hours before the end of the current period. Payment, renewal, cancellation, and refunds are handled by Apple under the Apple Media Services Terms and Conditions, and You can manage or cancel a subscription in Your Apple account settings. Where a free trial or introductory price is offered, it is available once per Apple account, and any unused portion of a free trial is forfeited when You purchase a subscription.
6.2 Prior Purchasers
If You purchased epTools before the introduction of subscriptions, You will continue to have access, without a subscription, to the tools that were available in the App at the time subscriptions were introduced. Artificial-intelligence features, tools added after subscriptions were introduced, and other features identified as requiring a subscription are not included.
6.3 epTools Lite
epTools Lite is provided free of charge. It includes a limited set of tools and a limited number of artificial-intelligence analyses, and it does not offer subscriptions.
6.4 Changes to Features and Pricing
The Company may add, change, or remove features, and may change subscription pricing, subject to Apple's rules and applicable law. Price changes do not apply to a subscription period already paid for.
7. RESTRICTIONS
You may not, and may not permit others to: (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or disassemble the App, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, or otherwise transfer the App; (d) circumvent or interfere with any security, redaction, attestation, or subscription feature of the App; (e) use the App to transmit, store, or share Protected Health Information in violation of this Agreement or applicable law; (f) use the App or its services to build a competing product, or to access or scrape the Company's services by automated means; or (g) use the App in any unlawful manner.
8. INTELLECTUAL PROPERTY
The App, including its software, algorithms, content, and trademarks, is owned by the Company or its licensors and is protected by intellectual-property laws. The App is licensed, not sold. Except for the limited license granted in Section 5, no rights are granted to You. Published clinical algorithms implemented in the App remain the work of their respective authors and are cited within the App. You retain any rights You have in the images and data You provide.
9. THIRD-PARTY SERVICES AND TERMS
The App may rely on or link to third-party services, including artificial-intelligence model providers and the messaging, email, and file-transfer services You use to share Saved Pairs. Your use of those services is governed by their own terms, and the Company is not responsible for them. You must comply with any applicable third-party terms of agreement when using the App, including the terms of Your wireless data service.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP OR ITS OUTPUTS WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, OR THAT THE REDACTION FEATURE WILL DETECT ALL IDENTIFIERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR CLINICAL OUTCOMES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE APP AND ANY SUBSCRIPTION IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR FIFTY U.S. DOLLARS (US $50.00). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its officers, members, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) Your use of the App; (b) Your clinical decisions; (c) any image or data You submit, store, or share through the App, including any Protected Health Information; (d) any attestation You make in the App; or (e) Your violation of this Agreement or applicable law.
13. TERM AND TERMINATION
This Agreement is effective until terminated. Your rights under it terminate automatically, without notice, if You fail to comply with any of its terms. You may terminate it at any time by deleting the App from all of Your devices. On termination You must stop using the App and delete all copies. Sections 3.3, 4, 7, 8, and 10 through 17 survive termination.
14. LEGAL AND EXPORT 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. You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which You obtained it.
15. GOVERNING LAW AND DISPUTES
This Agreement is governed by the laws of the State of Alabama, without regard to its conflict-of-laws rules. Any dispute arising from this Agreement or the App will be brought exclusively in the state or federal courts located in Madison County, Alabama, and You consent to the jurisdiction of those courts.
16. CHANGES TO THIS AGREEMENT
The Company may update this Agreement from time to time. The updated Agreement will be made available in the App, and the Company may ask You to accept it before You continue to use features it affects. Your continued use of the App after an update takes effect constitutes acceptance of the updated Agreement. The date at the top shows when it was last updated.
17. GENERAL
If any provision of this Agreement is held unenforceable, the remaining provisions remain in effect. The Company's failure to enforce any right is not a waiver of it. You may not assign this Agreement without the Company's written consent. This Agreement, together with the Privacy Policy, is the entire agreement between You and the Company regarding the App and supersedes any prior agreement on that subject.
18. CONTACT
Questions, complaints, or claims regarding the App should be directed to:
Busy Being Born Solutions, LLC
11 Old Chimney Road, Huntsville, Alabama 35801