ARTi End User License Agreement
This End User License Agreement (the "EULA") is a legal agreement between you and E1 Technology Inc. ("E1", "we", "us") for the ARTi mobile application software (the "Software"). The EULA governs your license to use the Software. Use of the Service that the Software accesses is governed by our Terms of Service and Privacy Policy.
By installing or using the Software, you accept this EULA. If you do not accept it, do not install or use the Software.
1. License grant
E1 grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Software on Apple-branded devices that you own or control, solely for your personal, non-commercial use, in accordance with the Apple Media Services Terms and this EULA.
2. Restrictions
You will not:
- Copy, modify, adapt, translate, or create derivative works of the Software, except where permitted by law.
- Reverse engineer, decompile, or disassemble the Software.
- Remove or alter any proprietary notice or label on the Software.
- Sublicense, sell, rent, lease, or otherwise transfer the Software to a third party.
- Use the Software in violation of applicable export control laws or any embargo by the U.S. Government, or in any country listed by the U.S. Government as supporting terrorism.
3. Ownership
The Software, including all related intellectual property, is owned by E1 Technology Inc. and its licensors. This EULA grants only a license; it does not transfer ownership.
4. Updates
E1 may release updates, patches, or new versions of the Software. Updates may be required to continue using the Service. Updates are subject to this EULA unless accompanied by a separate license.
5. Third-party services and AI
The Software interacts with third-party services, including Apple's App Store, Apple Push Notification service, Apple StoreKit, and AI services from Google LLC and OpenAI, L.L.C. Your use of those services is also subject to the providers' terms. Output produced by AI services may contain inaccuracies or biases; you are responsible for reviewing and choosing what to publish.
6. Termination
This EULA is effective until terminated. It terminates automatically if you fail to comply with any provision. Upon termination you must stop using and delete the Software from your devices. Sections 3, 6, 7, 8, 9, 10, 11, and 12 survive termination.
7. No warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, E1 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SOFTWARE.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM THIS EULA OR THE SOFTWARE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SOFTWARE OR ANY ASSOCIATED SUBSCRIPTION IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD 100.
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the smallest amount permitted by law.
9. Apple-specific provisions
If you obtained the Software through the Apple App Store, the following additional provisions apply:
- This EULA is between you and E1 Technology Inc. only, not with Apple. Apple is not responsible for the Software or its content.
- The license granted in Section 1 is limited to use of the Software on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms, except that the Software may also be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing (where ARTi enables those features).
- Apple has no obligation to furnish any maintenance or support services for the Software.
- In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, who will refund the purchase price (if any) for the Software. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Software.
- E1 (not Apple) is responsible for addressing any claims by you or any third party relating to the Software or your possession or use of it, including (i) product liability claims, (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- E1 (not Apple) is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Software or your possession and use of it infringes a third party's intellectual property rights.
- You represent that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
10. U.S. Government end users
The Software is "commercial computer software" as that term is defined under U.S. federal acquisition regulations. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions of this EULA.
11. Governing law
This EULA is governed by the laws of the State of California, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
12. Contact
E1 Technology Inc.
7650 Girard Ave, Ste 300
La Jolla, CA 92037, United States
support@arti.social