Artie EULA

Artie is licensed to You (End-User) by Art Master Academy s.r.o. with its registered office at Příčná 147/2, České Budějovice 4, 370 01 České Budějovice, Czech Republic, Company ID No.: 07597177, registered in the Commercial Register kept at the Regional Court in České Budějovice, Section C, Insert 29703 (“ArtMaster“), for use only under the terms of this EULA. ArtMaster’s VAT number is CZ07597177.

By downloading Artie from Apple’s software distribution platform (“App Store”), and any update thereto (as permitted by this EULA), You indicate that You agree to be bound by all of the terms and conditions of this EULA, and that You accept this EULA and the Artie’s Terms of Use. App Store is referred to in this License Agreement as “Platform.”

The Parties of this EULA acknowledge that Apple is not a Party to this EULA and is not bound by any provisions or obligations with regard to Artie, such as warranty, liability, maintenance and support thereof. ArtMaster, not Apple, is solely responsible for Artie and the content thereof.

This EULA may not provide for usage rules for Artie that is in conflict with the latest Apple Media Services Terms (“Usage Rules“). ArtMaster acknowledges that it had the opportunity to review the Usage Rules and this EULA is not conflicting with them.

Artie when purchased or downloaded through the Platform, is licensed to You for use only under the terms of this EULA, Artie’s Terms of Use and Usage Rules. ArtMaster reserves all rights not expressly granted to You. Artie is to be used on devices that operate with Apple’s operating systems (“iOS”).

By downloading Artie, You declare that You have thoroughly familiarized Yourself with the Artie’s Terms of Use and You agree to them.

For EU-based You: Artie is intended for You if You are at least 16 years of age. If You are under 16 years of age, You may access or use Artie, or create or use a User Account, only with the prior consent and supervision of Your parent or legal guardian, and only where such access or use is permitted under applicable law.¨

For U.S.-based You: Artie is not intended for use by children under 13 years of age. If You are under 13 years of age, You are not permitted to access or use Artie or create or use a User Account. If You are aged 13 to 15, You may access or use Artie, or create or use a User Account, only with the prior consent and supervision of Your parent or legal guardian, and only where such access or use is permitted under applicable law.

General rule: Where a higher minimum age, stricter parental consent requirement or additional legal requirement applies under the laws of Your country, state or other applicable jurisdiction, such higher, stricter or additional requirement shall apply. If ArtMaster becomes aware that Artie has been accessed or used, or that Your User Account has been created or used, in breach of this EULA, Artie’s Terms of Use or applicable law, ArtMaster may suspend or delete the relevant User Account and take any other steps required or permitted by applicable law.

1. Artie is a software created by ArtMaster to allow You to improve Your piano playing skills and customized for iOS mobile devices (“Devices“). It is used to piano playing learning.

2. Artie is not tailored to comply with any industry-specific regulations.

3. Artie uses artificial intelligence and automated systems to generate, adapt or personalize feedback, explanations, recommendations, exercises and other outputs. You acknowledge that such outputs may be incomplete, inaccurate, unsuitable for Your individual circumstances or different from the guidance that would be provided by a human teacher. Artie is provided for educational and practice-support purposes only and does not constitute professional, medical, therapeutic, ergonomic, safety or other expert advice. You remain solely responsible for assessing whether any AI-generated output is suitable for Your own practice, skill level, health condition, Device, musical instrument, practice environment and individual circumstances.

1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use Artie on any Devices that You (End-User) own or control and as permitted by Usage Rules set forth in the Apple Media Services Terms and Conditions, except that Artie may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

2. The licence granted to You is limited, non-exclusive, non-transferable, non-sublicensable and revocable. You do not acquire any ownership right, title, claim or other legal entitlement to Artie, the Content, any In-App Elements, songs, tutorials, courses, exercises, lessons, media, software, source code, object code, databases, progress, achievements, scores, virtual items, unlocks or any other materials made available through Artie. All rights not expressly granted to You remain reserved by ArtMaster or its licensors. Access to any Content or In-App Elements is made available solely as part of Your permitted use of Artie and may be changed, suspended, removed, discontinued, reset or replaced in accordance with the Artie’s Terms of Use, this EULA and mandatory applicable law.

3. This license will also govern any updates of the Artie provided by ArtMaster that replace, repair, and/or supplement the previous version of Artie, unless a separate license is provided for such update, in which case the terms of that new license will govern.

4. You may not share or make Artie available to third parties (except with ArtMaster’s prior written consent), sell, rent, lend, lease or otherwise redistribute Artie.

5. You may not, and may not permit any third party to, decompile, reverse engineer, disassemble, decipher, translate, modify, adapt, copy, reproduce, scrape, extract, tamper with, interfere with, circumvent, bypass or otherwise unlawfully access Artie, its source code, object code, algorithms, models, prompts, databases, security features, access controls, payment controls, anti-piracy measures, technical infrastructure, servers, APIs or any part thereof, except to the limited extent such restriction is expressly prohibited by mandatory applicable law. You may not use cheats, bots, scripts, emulators, unauthorized clients, automation tools, scraping tools, data-mining tools or any other technical means to access, manipulate, disrupt, overload, exploit or interfere with Artie or any part of it.

6. You may not copy (excluding when expressly authorized by this EULA and the Artie’s Terms of Use) or alter Artie or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this EULA, the Artie’s Terms of Use, Usage Rules and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Artie from the Devices before doing so.

7. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

8. ArtMaster reserves the right to modify the terms and conditions of licensing.

9. Nothing in this EULA should be interpreted to restrict third-party terms. When using the Artie, You must ensure that You comply with applicable third-party terms and conditions.

1. Artie requires an iOS and/or iPadOS version 18.0 or higher. ArtMaster recommends using the latest version of the firmware.

2. ArtMaster attempts to keep Artie updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use Artie satisfies the technical specifications mentioned above.

4. ArtMaster reserves the right to modify the technical specifications as it sees appropriate at any time.

1. ArtMaster is solely responsible for providing any maintenance and support services for Artie. You can reach the ArtMaster at the email address listed in the App Store Overview for Artie.

2. ArtMaster and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Artie.

1. You acknowledge that ArtMaster will be able to access and adjust Your downloaded Artie content and Your personal information, and that ArtMaster’s use of such material and information is subject to Your legal agreements with ArtMaster and ArtMaster’s privacy policy: https://www.artmaster.com/privacy-policy.

2. You acknowledge that the ArtMaster may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to Artie. ArtMaster may also use this information to improve its products or to provide services or technologies to you.

3. Subject to the Privacy Policy and applicable data protection law, ArtMaster may collect, access, monitor, analyse and use information relating to Your access to and use of Artie, including technical, diagnostic, usage, consumption, device, subscription, payment-status, crash, performance, support and interaction data, for the purposes of providing and securing Artie, fraud prevention, abuse detection, piracy prevention, refund assessment, technical support, analytics, product improvement, enforcement of this EULA and the Artie’s Terms of Use, dispute handling and compliance with legal obligations. Where ArtMaster shares usage or consumption data with Apple, Google or another platform provider for the purpose of assessing or resolving refund requests, such sharing shall be carried out only to the extent permitted by applicable law, the relevant platform terms and the Privacy Policy. ArtMaster may not use monitoring in a manner that is inconsistent with the Privacy Policy or mandatory applicable data protection law.

4. Consent to Share Consumption Data with Apple:

   By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

5. Artie may require access to Your microphone, audio input, MIDI data, performance data, Device permissions and related technical, diagnostic and usage data in order to provide its core functionality. You acknowledge that the availability, accuracy and quality of certain functionalities may depend on You granting and maintaining the relevant Device permissions and ensuring that Your Device, microphone, audio input, MIDI connection, network connection and related settings operate properly. You may disable such permissions through Your Device settings; however, doing so may limit, impair or prevent the operation of Artie or certain functionalities. Any processing of personal data, audio data, diagnostic data, usage data or similar information shall be carried out in accordance with the Privacy Policy and mandatory applicable data protection law.

1. Artie may allow You to upload, import, create, process or use User Content, including MIDI files or other song, music, audio, notation or similar files or formats. Unless a specific functionality of Artie expressly provides otherwise, User Content is stored locally on Your Device and is not made publicly available by ArtMaster, shared with other users or hosted by ArtMaster for online distribution.

2. You are solely responsible for all User Content, including its legality, accuracy, quality, integrity, storage, backup and use. ArtMaster does not verify, approve or assume responsibility for User Content.

3. You represent and warrant that You own, have licensed or are otherwise legally authorized to upload, import, process and use the User Content in Artie, and that such upload, import, processing and use does not infringe any copyright, neighbouring right, moral right, trademark, trade secret, privacy right, publicity right or any other right of any third party and does not violate any applicable law.

4. You shall not upload, import, process or use any User Content for which You do not hold all necessary rights, licences, consents and authorisations, nor any User Content that is unlawful, infringing, harmful, malicious, technically disruptive, defamatory, obscene, abusive, discriminatory or otherwise contrary to this EULA, the Artie’s Terms of Use or applicable law.

5. Further provisions concerning User Content, including representations, warranties and prohibited content, are set out in the Artie’s Terms of Use, which shall apply mutatis mutandis to the use of Artie under this EULA. Any use of Artie in breach of this Article 6 or the corresponding provisions of the Artie’s Terms of Use may result, among other things, in termination or suspension of Your rights to use Artie.

1. Unless stipulated by the by applicable law otherwise, ArtMaster’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), ArtMaster shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

2. Unless stipulated by the by applicable law otherwise, ArtMaster takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this EULA. To avoid data loss, You are required to make use of backup functions of Artie to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of Artie, You will not have access to Artie.

3. To the fullest extent permitted by mandatory applicable law, ArtMaster shall not be liable for any damage, malfunction, overheating, battery drain, performance degradation, shutdown, data loss, loss of functionality or other technical issue affecting Your Device, hardware, operating system, peripherals, network, data or other equipment arising out of or in connection with Your access to or use of Artie, except to the extent such damage is directly caused by ArtMaster’s breach of mandatory legal obligations that cannot be excluded or limited.

4. You are solely responsible for using Artie on a compatible Device, maintaining the Device, operating system, battery, storage capacity, network connection and backups, and stopping or limiting use of Artie if the Device becomes hot, unstable, unresponsive or otherwise unsuitable for continued use.

5. Artie is an educational and practice-support tool only. You are responsible for using Artie, any musical instrument and any connected equipment safely, taking reasonable breaks and ceasing use if You experience pain, strain, numbness, discomfort, fatigue, dizziness or any other adverse physical sensation.

6. To the fullest extent permitted by mandatory applicable law, ArtMaster shall not be liable for any discomfort, strain, fatigue, minor injury or other physical condition allegedly arising from Your posture, practice routine, instrument use, Device use, repetitive movements, excessive practice time or failure to follow reasonable safety precautions while using Artie.

7. Nothing in this EULA or the Artie’s Terms of Use excludes or limits ArtMaster’s liability for death, personal injury, intentional misconduct, gross negligence or any other liability to the extent such liability cannot be excluded or limited under mandatory applicable law.

8. ArtMaster does not guarantee that Artie or any particular functionality will be available continuously, uninterrupted or error-free. Temporary downtime, interruption, latency, malfunction, restricted availability, suspension, maintenance, updates, security measures, third-party platform failures, network failures or other technical limitations shall not, by themselves, give rise to any claim, compensation, refund, extension of the Subscription period or other entitlement of Yours, unless required by mandatory applicable law or expressly provided in the Artie’s Terms of Use.

1. ArtMaster is solely responsible for any ArtMaster’s warranties, whether express or implied by law, to the extent not effectively disclaimed.

2. ArtMaster warrants that Artie is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. ArtMaster warrants that Artie works as described in the user documentation.

3. No warranty is provided for Artie that is not executable on the Device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of ArtMaster’s sphere of influence that affect the executability of Artie.

4. You are required to inspect Artie immediately after installing it and notify ArtMaster about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.

5. If we confirm that Artie is defective, ArtMaster reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

6. In the event of any failure of Artie to conform to any applicable warranty, You may notify Apple, and Apple will refund You the purchase price for the Artie; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Artie, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is sole ArtMaster’s responsibility.

7. The statutory periods of limitation given by applicable law apply for You as You are a consumer.

1. ArtMaster and You acknowledge that ArtMaster, not Apple, is responsible for addressing any of Your claims or any third party relating to Artie or the Your possession and/or use of Artie, including, but not limited to:

1. product liability claims;

2. any claim that Artie fails to conform to any applicable legal or regulatory requirement; and

3. claims arising under consumer protection, privacy, or similar legislation, including in connection with Artie’s use of the HealthKit and HomeKit frameworks.

   This EULA does not limit ArtMaster’s liability to You beyond what is permitted by applicable law.

1. You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.

1. For general inquiries, complaints, questions or claims concerning Artie, please contact:

Art Master Academy s.r.o.

Příčná 147/2, České Budějovice 4, 370 01 České Budějovice

Czech Republic

info@artmaster.com

1. This EULA is valid until terminated by ArtMaster or by You. Your rights under this EULA will terminate automatically and without notice from ArtMaster if You fail to adhere to any term(s) of this EULA and/or Artie’s Terms of Use. Upon License termination, You shall stop all use of Artie, and destroy all copies, full or partial, of Artie.

2. ArtMaster may, without prejudice to any other rights or remedies, suspend, restrict, disable or terminate Your licence, account, Subscription or access to Artie, in whole or in part, with immediate effect if ArtMaster reasonably suspects or determines that You have engaged in abuse, piracy, circumvention, unauthorized access, reverse engineering, tampering, infringement of intellectual property rights, unlawful use of User Content, fraudulent conduct, refund abuse, payment abuse, sharing or resale of Access Data, breach of this EULA or the Artie’s Terms of Use, or any other misuse of Artie.

3. Where appropriate and technically feasible, ArtMaster may also remove, disable, restrict or preserve relevant User Content, logs, technical data or account information for the purposes of investigation, enforcement, fraud prevention, legal compliance, dispute handling or protection of ArtMaster, Users or third parties, subject to the Privacy Policy and applicable data protection law.

4. Suspension, restriction or termination under this Article does not entitle You to any refund, compensation or other claim, unless required by mandatory applicable law.

1. ArtMaster represents and warrants that ArtMaster will comply with applicable third-party terms of agreement when using Artie.

2. In Accordance with Section 10 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and its subsidiaries shall be third-party beneficiaries of this EULA and — upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

3. Where Artie is downloaded, purchased or subscribed to through the Apple App Store, Google Play or any other third-party app store or distribution platform, Your purchase, payment, renewal, cancellation and refund process may also be governed by the applicable terms, rules and policies of that platform. In the event of a conflict between this EULA and mandatory platform terms applicable to the relevant purchase channel, the mandatory platform terms shall apply only to the extent of such conflict. ArtMaster is not responsible for any payment processing, refund decision, refund timing, platform account issue, app-store outage, platform billing error or other matter that is controlled by the relevant third-party platform provider, except to the extent mandatory applicable law provides otherwise.

4. If Artie is distributed through Google Play or any other platform in addition to the Apple App Store, ArtMaster shall adopt a separate platform-specific EULA or amend this EULA so that the platform-specific provisions correctly identify the relevant app distributor and third-party beneficiary rights.

1. ArtMaster and You acknowledge that, in the event of any third-party claim that Artie or Your possession and use of that Artie infringes on the third party’s intellectual property rights, ArtMaster, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

1. This EULA, and all claims or defenses based on, arising out of, or related to this EULA of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of this EULA, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the Czech Republic including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.

2. Any disputes arising out of or related to this EULA or any other aspect of the Parties’ relationship shall be heard only in the courts of the Czech Republic to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.

1. If any of the terms of this EULA should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.