End User License Agreement (EULA) & Terms of Service

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single legal healthcare entity, referred to herein as "Licensee," "User," or "You") and Winston Solutions ("Licensor," "We," or "Us") for the software application provided herewith ("Software").

By downloading, installing, or using this Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.

1. Local Utility Architecture & No Cloud Storage

1.1 Local Operations Only: You acknowledge and agree that the Software operates exclusively as a local camera stream and recording utility. The Software does not store, host, transmit, process, or back up any video, audio, imagery, or associated data to Licensor's servers or any third-party cloud infrastructure managed by Licensor.

1.2 Native Device Storage: All media files generated through the use of the Software are saved directly and automatically to the native storage and/or camera roll of the device upon which the Software is installed ("Host Device").

2. HIPAA Compliance & Protected Health Information (PHI)

2.1 Sole Responsibility of Healthcare Provider: If You are a covered entity, business associate, or healthcare provider under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), You acknowledge that media captured using the Software may constitute electronic Protected Health Information ("ePHI").

You assume 100% responsibility for compliance with all applicable local, state, and federal health privacy laws, including HIPAA.

2.2 Camera Roll & Cloud Sync Hazards: You acknowledge that native OS features (e.g., Apple iCloud, Google Photos, or automatic device backups) may automatically sync media saved to the Host Device's camera roll to unencrypted or non-compliant cloud storage.

You are solely responsible for configuring, disabling, or managing such automatic backups to maintain compliance with HIPAA and relevant privacy frameworks.

2.3 Business Associate Status Disclaimer: Because Licensor does not receive, transmit, store, or maintain access to any ePHI generated by or stored within the Host Device, Licensor IS NOT A "BUSINESS ASSOCIATE" of Licensee as defined under 45 C.F.R. § 160.103. Licensor shall not be required to enter into a Business Associate Agreement ("BAA") with Licensee.

3. Patient Consent & Wiretapping Laws

3.1 Consent Obligations: You are solely responsible for obtaining all necessary written or verbal patient consents, waivers, and releases prior to capturing video or audio recordings involving any patient.

3.2 Audio Recording Laws: You acknowledge that state and local laws regarding audio recording vary significantly (including "all-party consent" and wiretapping statutes).

You agree that You are solely responsible for determining whether audio recording is permitted in Your jurisdiction and for configuring the Software's audio settings accordingly.

4. Indemnification & Hold Harmless

To the maximum extent permitted by applicable law, Licensee agrees to defend, indemnify, and hold harmless Licensor, its officers, directors, employees, developers, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

• (a) Licensee's use or misuse of the Software;
• (b) Any breach of HIPAA, state privacy laws, or medical confidentiality rules resulting from media stored on or exported from the Host Device;
• (c) Licensee's failure to secure the Host Device or its native camera roll; or
• (d) Licensee's failure to obtain required patient consents.

5. Disclaimer of Warranties ("As Is")

6. Limitation of Liability