End User License Agreement

1. Agreement

This End User License Agreement ("EULA") is a legal agreement between you ("User") and Pathiary ("Licensor") for the use of the Pathiary mobile application ("Application").

By installing, copying, or otherwise using the Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Application.

2. License Grant

Subject to your compliance with this EULA, Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on devices that you own or control
• Use the Application for your personal, non-commercial purposes

3. License Restrictions

You may not:

• Copy, modify, or distribute the Application
• Reverse engineer, decompile, or disassemble the Application
• Rent, lease, lend, sell, or sublicense the Application
• Remove or alter any proprietary notices on the Application
• Use the Application for any commercial purpose without prior written consent
• Use the Application in any way that violates applicable laws or regulations

4. Ownership

The Application is licensed, not sold. Licensor retains all right, title, and interest in and to the Application, including all intellectual property rights. This EULA does not grant you any rights to trademarks or service marks of Licensor.

5. User Content

You retain ownership of any content you create using the Application, including photos, journal entries, and other materials ("User Content"). By using the Application, you grant Licensor a non-exclusive license to process your User Content solely for the purpose of providing the Application's features and services.

6. Third-Party Services

The Application may integrate with or use third-party services (such as AI processing services). Your use of such services is subject to their respective terms and conditions. Licensor is not responsible for the availability, content, or practices of third-party services.

7. Updates

Licensor may provide updates, patches, or new versions of the Application. Such updates may be required for continued use of the Application and may be installed automatically. Your continued use of the Application following any update constitutes acceptance of any modified terms.

8. Subscription Services

Certain features of the Application require a paid subscription. Subscription terms, pricing, and billing are governed by the Apple App Store terms and the separate Terms of Service agreement.

9. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies from your devices.

Licensor may also terminate this EULA at any time for any reason by providing notice through the Application or via email.

10. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT

LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL
• ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION

IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Application or violation of this EULA.

13. Export Compliance

You agree to comply with all applicable export laws and regulations. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country.

14. Government End Users

If you are a U.S. Government end user, the Application is a "Commercial Item" as defined in 48 C.F.R. §2.101 and is licensed with only those rights granted to non-governmental users.

15. Governing Law

This EULA shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

16. Severability

If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Entire Agreement

This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Licensor regarding the Application and supersedes all prior agreements and understandings.

18. Contact Information

If you have questions about this EULA, please contact us at:

Email: legal@pathiary.app

19. Apple-Specific Terms

If you downloaded the Application from the Apple App Store, the following additional terms apply:

• This EULA is between you and Licensor, not Apple. Apple is not responsible for the Application or its content.
• Apple has no obligation to provide maintenance or support services for the Application.
• In the event of any failure of the Application, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation.
• Apple is not responsible for any claims relating to the Application or your possession and use of it.
• Apple is a third-party beneficiary of this EULA and may enforce its terms against you.