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.

1. Artie is a software created by ArtMaster to allow users to improve their 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.

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. 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.

3. 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.

4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of Artie, or any part thereof (except with ArtMaster's prior written consent).

5. 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.

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

7. Artie reserves the right to modify the terms and conditions of licensing.

8. 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.

1. Artie may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to ArtMaster or in Artie, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively “Contributions”). Contributions may be viewable by other users of Artie and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

   1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

   2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize ArtMaster, Artie, and other users of Artie to use your Contributions in any manner contemplated by Artie and this EULA.

   3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by Artie and this EULA.

   4. Your Contributions are not false, inaccurate, or misleading.

   5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

   6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by ArtMaster).

   7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

   8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

   9. Your Contributions do not violate any applicable law, regulation, or rule.

   10. Your Contributions do not violate the privacy or publicity rights of any third party.

   11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

   12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

   13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this EULA, or any applicable law or regulation.

2. Any use of Artie in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use Artie.

1. By posting your Contributions to any part of Artie or making Contributions accessible to Artie by linking your account from Artie to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to ArtMaster an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

3. ArtMaster does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. ArtMaster is not liable for any statements or representations in your Contributions provided by you in any area. You are solely responsible for your Contributions to Artie and you expressly agree to exonerate ArtMaster from any and all responsibility and to refrain from any legal action against ArtMaster regarding your Contributions.

4. ArtMaster has the right, in its sole and absolute discretion to:

   1. edit, redact, or otherwise change any Contributions;

   2. to recategorize any Contributions to place them in more appropriate locations in Artie; and

   3. to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

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.

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. 

2. 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.

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.

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 these 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.