EULA
Last modified November 7, 2025
OBJECTIVE MEASURE END USER LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY PRIOR TO INSTALLING, DOWNLOADING, OR USING THE
OBJECTIVE MEASURE APP.
This End User License Agreement (“Agreement”) is a legal agreement between Inspired Investment
Leadership d/b/a Objective Measure having an address of P.O. Box 2638, Inver Grove Heights, Minnesota,
55076, United States (“Objective Measure”), and you (a person referred to herein as “End User”) for a
mobile application software product made available by Objective Measure (the “Software”) available either
by purchase or for free from the Apple, Inc. (“Apple”) “App Store” or from Google LLC (“Google”) “Google
Play”, and any updates to the Software that may be made available by Objective Measure (“Updates,” and
together with the Software, the “App”), pursuant to which Objective Measure may collect certain
information about End User and which End User may send and receive certain information to and from
Objective Measure in the App (the “Services”).
This Agreement is between Objective Measure and End User only. As between End User and Objective
Measure, Objective Measure is solely responsible for the App and Services. Neither Apple nor Google is a
party to this Agreement; however, Apple, Google, and their respective subsidiaries are third party
beneficiaries of this Agreement. As such, once End User accepts this Agreement, if the App is downloaded
from Apple, Apple shall have the right (and will be deemed to have accepted the right) to enforce this
Agreement against End User. If the App is downloaded from Google, Google shall have the right (and will be
deemed to have accepted the right) to enforce this Agreement against End User.
By making acceptance of this Agreement in the manner provided prior to or while installing, downloading, or
using the App, End User agrees to be bound by the terms of this Agreement. If End User does not agree to the
terms of this Agreement, End User shall not install, download, or use the App.
- PRIVACY, LOCATION, AND TRACKING
In addition to the terms of this Agreement, End User’s use of the App and Services is governed by the Objective
Measure Privacy Policy available for review at Privacy Policy as it may be updated from
time to time. If End User downloaded the App from Google, End User’s use of the App and Services is also
governed by Google’s Privacy Policy, available for review at https://policies.google.com/privacy, as it may be
updated from time to time.
THE APP AND SERVICES MAY CONTAIN FUNCTIONALITY THAT COLLECTS PERSONAL
INFORMATION, FINANCIAL INFORMATION, AND OTHER CUSTOMER INFORMATION FOR THE
PURPOSES OF ANALYZING THE CUSTOMER’S FINANCIAL SITUATION. CUSTOMER AGREES THAT
THE APP MAY USE SUCH INFORMATION FOR THE PURPOSE OF MACHINE LEARNING, AUGMENTED
HUMAN INTELLIGENCE DEVELOPMENT, TRAINING ANY ARTIFICIAL INTELLIGENCE MODEL, AND
ALGORITHM IMPROVEMENT FOR ITS AI PRODUCTS AND SERVICES, OBJECTIVE MEASURE SHALL
OWN ALL ARTIFICIAL INTELLIGENCE MACHINE LEARNING DEVELOPED OR ACQUIRED IN
PROVIDING THE SERVICES (EXCLUDING ANY CUSTOMER DATA). BY USING THE APP AND
SERVICES, END USER GRANTS OBJECTIVE MEASURE THE PERMISSION AND RIGHT TO COLLECT,
USE AND DISSEMINATE THE FOREGOING DATA. END USER ACKNOWLEDGES HE/SHE HAS NO
EXPECTATION OF PRIVACY IN THIS DATA AND END USER RELEASES AND HOLDS HARMLESS
OBJECTIVE MEASURE AND ITS AGENTS FROM ANY LIABILITY THAT WOULD OTHERWISE FLOW
FROM THE COLLECTION, DISSEMINATION, USE AND MISUSE OF THAT DATA. - OWNERSHIP
Objective Measure is and shall be the exclusive owner of all right, title, and interest in and to the App and the
content and data in the Services; including without limitation, any and all patents, copyrights, trademarks and
service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content. Use of the App does not in any respect whatsoever constitute a grant to End User of any license or
other right to use or exploit any of the proprietary rights related to the App or Services, except as expressly granted
to End User in this Agreement.
End User shall not modify, remove, or obscure any proprietary notices contained in or on the App or any screen
images related to the App.
End User shall not distribute, reverse engineer, translate, decompile, or disassemble the App; and End User shall not
in any other manner attempt to access or learn the source code related to the App. - LICENSE
Subject to the provisions of this Agreement, Objective Measure grants End User a personal, limited, revocable, nonexclusive, non-sublicensable, and non-transferable license to: (i) install and use the App, in object code format only,
on (a) an Apple-branded product that is operated through the use of an Apple iOS operating system (the “iOS
Product”), provided however, such use may be made only on an iOS Product that End User owns or controls, and
only to the extent permitted by the “Usage Rules” set forth in the App Store “Terms of Service” or (b) a device that
is operated through the use of the Google Android operating system (the “Android Product”), provided however,
such use may be made only on an Android Product that End User owns or controls, and only to the extent permitted
by the Google Play Terms of Service; and (ii) to use the Services available through the App, for End User’s personal
use only.
End User shall not make any copies of the App. End User shall comply with any applicable agreements or terms of
service when using the App or Services.
The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is
accompanied by a separate license, in which case the terms of that license will govern. Objective Measure reserves
the right to add or remove features or functions of the App and/or the Services. As it relates to Objective Measure,
End User’s use of the App is voluntary and End User may uninstall the App at any time. However, by uninstalling
the App, End User’s will be unable to access to the Services provided by the App.
The App and any underlying technology may not be exported by End User outside the United States in a manner that
is prohibited by applicable export laws and regulations. By installing or using the App, End User assumed
responsibility for compliance with the foregoing. End User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted
parties. - DISCLAIMERS
END USER EXPRESSLY ASSUMES ANY AND ALL RISKS RELATED TO HIS/HER USE OF THE APP AND
THE SERVICES.
Warranty Disclaimer.
THE APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.” THE APP AND THE
SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT,
AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE
OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OBJECTIVE MEASURE EXPRESSLY
DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR SERVICES WILL
OPERATE IN AN ERRORFREE OR UNINTERRUPTED MANNER; (II) THE APP OR SERVICES WILL BE
FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP OR SERVICES WILL SATISFY END
USER’S REQUIREMENTS; (IV) THE APP IS COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES
PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM
THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP
OR SERVICES WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF,
UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR
INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED.
OBJECTIVE MEASURE DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE
APP OR SERVICES WILL SATISFY, OR ENABLE END USER TO SATISFY, THE REQUIREMENTS OF ANY
GOVERNMENT AGENCY, ASSOCIATION, EMPLOYER, OR OTHER ORGANIZATION. - LIMITATIONS ON LIABILITY
OBJECTIVE MEASURE OR ITS MEMBERS, DIRECTORS, SUBSIDIARIES, AFFILIATES, OR AGENTS
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE APP OR
SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
END USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OBJECTIVE MEASURE
RELATED TO THIS AGREEMENT, THE APP OR SERVICES SHALL BE UNINSTALLING THE APP AND
CEASING USE OF THE APP AND SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES
DESPITE THE FOREGOING, SUCH DAMAGE SHALL NOT EXCEED THE LESSER OF $5.00 OR THE
AMOUNT PAID BY END USER FOR THE APP.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
If these laws apply to End User, some or all of the disclaimers, exclusions, or limitations in this Agreement may not
apply to End User, End User might have additional rights. - ACKNOWLEDGEMENTS AND THIRD-PARTY DISCLAIMERS
Objective Measure and End User acknowledge that Objective Measure, and not Apple or Google, is responsible for
addressing any claims, to the extent permitted under this Agreement, of End User or any third party relating to the
App or Services or End User’s possession and/or use of the App or Services, including without limitation (i) product
liability claims; (ii) any claim that the App or Services fail to conform to any applicable legal or regulatory
requirement, and (iii) any claims arising under consumer protection or similar legislation.
Objective Measure and End User acknowledge that neither Apple nor Google has any obligation whatsoever to
furnish any maintenance and support services with respect to the App or Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APPLE NOR GOOGLE
SHALL HAVE ANY LIABILITY OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP OR
SERVICES. - TERM AND TERMINATION
The term of this Agreement shall commence on the date End User makes acceptance of this Agreement and, unless
terminated as specified below, shall continue for so long as End User uses the App or Services. End User shall have
the right to terminate this Agreement at any time by uninstalling the App.
Objective Measure may, in its sole discretion, terminate this Agreement and/or the Services without cause at any
time. In addition, End User’s license to the App may, at Objective Measure’s discretion, expire when new versions
of the App are released.
End User’s license to the App and Objective Measure’s obligations under this Agreement will automatically
terminate if End User fails to comply with any term of this Agreement. No notice will be required from Objective
Measure to effectuate such termination. End User will receive no refunds upon termination.
Upon termination of this Agreement, all of End User’s rights to use the App and Services shall terminate
immediately; End User shall remove the App from his/her iOS Product or Android Product, as applicable. - INDEMNIFICATION
End User and his/her heirs, representatives, successors and assigns shall indemnify, defend, and hold harmless
Objective Measure and its successors and assigns from and against in respect of any and all third party claims,
demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest,
penalties and reasonable attorneys’ fees, that Objective Measure incurs or suffers, which arise from, result from, or
relate to End User’s use of the App or Services or this Agreement. - INFRINGEMENT CLAIMS
Objective Measure and End User acknowledge that, in the event of any third party claim that the App or End User’s
possession and use of the App infringes that third party’s intellectual property rights, Objective Measure, and not
Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim. - GENERAL
Objective Measure shall not be in breach of this Agreement in the event it is unable to perform any of its obligations
under this Agreement as a result of natural disaster, fire, weather, war, terrorism, emergency conditions, labor strife,
the inoperability of the Internet, technical difficulties of Objective Measure, Apple, Google, or any third party, any
updates or other changes to the iOS Product or Android Product (as applicable), the inability to obtain supplies, or
other reasons or conditions beyond its reasonable control.
This Agreement has been prepared in English, and English is the controlling language with respect to all matters
concerning this Agreement. Any and all notices or communications related to this Agreement must be in English.
Injunctive or other equitable relief shall be a remedy available to Objective Measure in the event of a breach of any
provision of this Agreement by End User; but such remedy shall not be the exclusive remedy available to Objective
Measure.
Regardless of any statute or law to the contrary, any claim or cause of action End User may have that arises out of or
is related to this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever
barred.
For any questions, complaints, or claims about the App, End User should contact Objective Measure as follows:
Objective Measure
P.O. Box 2368
Inver Grove Heights, MN 55076
info@objectivemeasure.org
The provisions of this Agreement, which, by their terms, require performance after the termination of this
Agreement, or have application to events that may occur after the termination of this Agreement, shall survive the
termination of this Agreement.
End User shall not, without the prior written consent of Objective Measure, assign his/her rights or delegate his/her
duties under this Agreement.
The waiver of any provision or the breach of any provision of this Agreement by Objective Measure shall not be
effective unless made in writing. Any waiver by Objective Measure of any provision or the breach of any provision
of this Agreement shall not operate as or be construed to be a continuing waiver of the provision or the breach of the
provision.
This Agreement shall be governed by the laws of the State of Minnesota (without regard to its choice of law
principles or rules) in the United States and the applicable laws of the United States. Any suit hereunder will be
brought exclusively in the state or federal courts in or for Dakota County, Minnesota. Each party agrees to subject
itself to the personal jurisdiction of such courts and shall not contest jurisdiction or the venue of such courts or the convenience of the forum. The parties specifically disclaim application of the United Nations Convention on the
International Sale of Goods, 1980.
In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement, and the portion of this Agreement held to be invalid
shall be construed and given lawful effect in a manner that will best achieve the intent and objective of such portion
of this Agreement.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof,
there being no terms, conditions, warranties, or representations other than those contained in this Agreement, and
shall supersede any prior agreements between the parties with respect to the subject matter hereof. Objective
Measure may revise this Agreement at any time without prior notice, and any continued use of the App or Services
following the date on which changes to this Agreement are published on Apple’s “App Store”, on Google’s “Google
Play” store, or within the App shall constitute End User’s acceptance of all such changes.
Last updated: Nov. 7, 2025
4906-6860-5812, v. 2