AR Drawing App License Agreement
Last
updated
:
November
21
, 2024
Please read this License Agreement carefully
before
using A
R
Drawing app functionality.
If You do not agree to be bound by these
License Agreement
, You must not use the
AR Drawing App
in any way possible.
These terms and conditions govern the use of the AR Drawing App. They apply regardless of whether the app is used free of charge or for a fee.
The following terms of License Agreement apply between the Company and the User, unless a written agreement has been signed between them.
«AR Drawing App» or «App» means the software (mobile) program provided by the Company downloaded by User to a User’s electronic device, named as «AR Drawing: Sketch & Paint».
«User», or «You», «Your» refers to any individual who accepts this License Agreement, uses App, or has access to App.
«Company», or «We», «Us», «Our» refers to App copyright holder, “Digital solutions technologies limited”
«License Agreement», or «Agreement», «EULA» means this End-User License Agreement that defines the terms and conditions of use of the App.
«Marketplace» means the stores of Marketplace operators such as Google («Google Play») or Apple («App Store») where the User can select and download the App to be installed on the User’s device.
By performing one of the following actions You are agreeing to be bound by the terms and conditions of this Agreement:
By download App and enter the functionality of the App without starting free trial;
By clicking the «Start my Free trial now» button or similiar start-screen button;
By starting free trial;
By paying for a paid subscription;
By paying for an in-app purchase.
You are unable to use the App without performing one of the actions listed above.
This Agreement is a legal document between You and the Us and it governs your use of the App made available to You.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to use the App strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
The App may display, include or make available third-party content (including data, information, images and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any third-party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party Services, unless otherwise stated in the App.
You must comply with applicable third parties' terms of agreement when using them. Third-party services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.
No part of this Agreement is or should be interpreted as a transfer of intellectual property rights. Company shall retain ownership of the Appas originally downloaded by You and all subsequent downloads of the App by You. The App (and the copyright, and other intellectual property rights of whatever nature in the App, including any modifications made thereto) are and shall remain the property of the Company.
In addition to the general rules above, the provisions in this section apply specifically to your use of Company content used in the App. Company content used in this App, including without limitation the text, scripts, source code, API, graphics, are owned by Company in perpetuity, and are subject to copyright, trademark, and/or patent protection. Third parties content, such as images, third-party services and others, are subject to copyright, trademark, and/or patent protection of such companies and (or) individuals.
Content is provided to you «as is», «as available» and «with all faults» for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of rightholder.
Without first obtaining the express written consent of the Company, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the App.
You are not permitted to:
edit, modify, alter, adapt, or otherwise change the whole or any part of the App nor permit the whole or any part of the App to be combined with or become incorporated in any other App or any software, nor decompile, disassemble or reverse engineer the App or attempt to do any of the listed actions,
copy, reproduce, duplicate, resell or distribute in any medium any part of the App, except where expressly authorized by Company,
remove or alter Company trademarks or logos or legal notices included in the App or related assets,
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App,
use the service to try to gain unauthorized access to any service, data, account or network by any means,
use the App in any way which breaches any applicable local, national or international law,
use the App for any purpose that the Company considers is a breach of this Agreement.
Company reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this Agreement.
By using our App you acknowledge and agree that your use of the App, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations.
The App presents the possibility of generating images using the service Stablediffusion API under the terms and conditions set out on the Service's website: https://modelslab.com/.
The services are provided on an «as is» basis without warranties of any kind, whether express, implied, or statutory. The Company disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the services, even if the Company or the User have been advised of the possibility of such damages.
The App may allow you to create or download content such as data, photographs, messages, graphics, text, and other information.
The content You upload to the App is not processed by Us and is only stored on Your device.
You shall be solely responsible for any and all of Your content or content that is submitted by You, and the consequences of, and requirements for, distributing it. You agree that any content that You share does not and will not violate third-party rights of any kind, including and without limitation any Intellectual Property rights or rights of publicity and privacy.
If You would like to use the wide range of features offered by the pay version of the App, You can upgrade through the so-called «subscription». The upgrade mechanism may differ depending on the Marketplace platform; please refer to the respective Marketplace operator’s terms and conditions to determine the course of action required. The purchase contract is subject to the conditions of the respective Market place. Those conditions also determine whether the purchase contract is concluded between the User and the Marketplace or between the User and the Company.
Subscriptions are billed by the respective Marketplace. The payment terms stipulated by the respective Marketplace operator apply.
Company will not be able to offer a refund for purchases as soon as the Company has begun providing the payable functionalities of the App. This information is provided when purchasing through the Marketplace. Also You can contact the Marketplace owner to see if you are entitled to a refund.
You can cancel your subscription at any time—the contract will end at the earliest possible date.
Limited Warranty. Our App is operated by us on an «as is» basis, without representations or warranties of any kind. You use the App at your sole risk.. To the fullest extent permitted by law, the Company and its affiliates expressly disclaim all warranties of any kind, whether expressed or implied, with respect to the App (including, but not limited to, the implied warranties of merchantability, suiting for a particular use or purpose and non-infringement). The App or its internal parts may be temporarily unavailable due to scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Company and its licensors expressly disclaim all warranties, either expressed or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, suiting for a particular purpose, title and noninfringement. Furthermore, the Company does not warrant or make any representations regarding the use or the results of the use of the content or related documentation in agreement of their correctness, accuracy, reliability, or otherwise. No oral or written representations made by the Company, or an agent thereof shall create a warranty or in any way increase the scope of this warranty.
Exception. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, some or all of the above limitations may not apply to User. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
Disclaimer. In no event is the Company liable for any damages caused by Participant acts or omissions. The Company is not responsible for any Participant data distributed by User; the Company has no liability to User or to any third party for any content, data or information. The Company is not responsible for the opinions or views expressed by Users.
Indemnity. The User agrees to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, Users’ violation of these Agreement or the representations and warranties therein, or relating to or arising from use of the App. User shall cooperate as fully as reasonably required in the Company’s defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the prior written consent of the Company. You agree to reimburse the Company for any costs or fees related to its enforcement of these Terms as a result of User actions, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by the Company. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to User.
Total liability. In no event shall the aggregate liability of the Company exceed the amount User paid. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Compliance with Law and Export Controls. The Company makes no representation or warranty that the App is appropriate or available for use in all locations around the world. User use of the App must comply with all applicable laws, rules and regulations, and User is solely responsible for compliance with local laws. User agrees and certifies that all information and any technical data received from the App will be exported or re-exported only as authorized and as permitted by the laws and regulations of the User's country of residence.
Without limiting the generality of the foregoing, you acknowledge and agree that our App shall not be tailored to your level of education or professional needs and shall be provided without any guarantees, conditions, warranties, or representations as to the services or their result. To the extent permitted by law, the Company and any third parties connected to the Company hereby expressly exclude all guarantees, conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity.
The following applies to the App accessed through or downloaded from the Apple App Store («App Store Sourced Application»):
You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple; and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.
You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the «Usage Rules» set forth in the Apple App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application in your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and the Company acknowledge that, in the event of any third party claim that an App Store Sourced Application or your possession and use of that App Store Source Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and the Company, acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement.
By using the App Store Sourced Application 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.
Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the App and all copies thereof from your Device or from your computer.
Upon termination of the Agreement, You shall cease all use of the App and delete all copies of the App from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
The laws of the User's country of residence, excluding its conflicts of law rules, shall govern this Agreement and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
The Company reserves the right at any time to modify, amend these Terms at its sole discretion. The Company will use commercially reasonable efforts to notify You of any change to these Agreement either by posting a new version of the Agreement in the
App. User agrees to be bound by these Terms, as modified.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.