End User Licence Agreement
This End User Licence Agreement ("Licence") governs your use of the RoomReveal application (the "Licensed Application"). It sits alongside our Terms of Use, which govern the service the app connects to, and our Privacy Policy. Where this Licence and the Terms of Use conflict on a question of software licensing, this Licence prevails; on every other question, the Terms of Use prevail.
1. Acknowledgement
This Licence is concluded between you and Mimi Studio d.o.o., a limited liability company organised under the laws of the Republic of Slovenia, with its registered office at Trubarjeva cesta 79, 1000 Ljubljana, Slovenia ("Mimi Studio", "we", "us", "our"), and not with Apple Inc. Mimi Studio, not Apple, is solely responsible for the Licensed Application and its content.
This Licence does not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the date you entered into this Licence, and you acknowledge that you have had the opportunity to review those terms.
By downloading, installing or using the Licensed Application, you agree to be bound by this Licence. If you do not agree, do not install or use it.
2. Scope of the Licence
Mimi Studio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Licensed Application on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, and as permitted by any Apple Family Sharing or volume purchasing arrangement that applies.
The Licensed Application is licensed to you, not sold. Mimi Studio reserves all rights not expressly granted.
3. Restrictions
Except to the extent that applicable law forbids such a restriction, you may not:
- Copy the Licensed Application, other than as permitted by the licence granted above.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Licensed Application.
- Modify, adapt, translate or create derivative works of the Licensed Application.
- Rent, lease, lend, sell, redistribute, sublicense or otherwise transfer the Licensed Application.
- Remove, obscure or alter any proprietary notice, including any watermark applied to a design.
- Access the Licensed Application's services by any means other than the Licensed Application itself, including any automated means, or interfere with, probe or overload those services.
- Use the Licensed Application, or anything it produces, to train a machine-learning model, or to build a competing product or service.
4. Your Content
You retain ownership of the photographs you upload and receive the rights to the designs generated for you, as set out in section 5 of the Terms of Use. Nothing in this Licence transfers ownership of your content to us.
5. Subscriptions, Credits and Payments
The Licensed Application is free to download and offers auto-renewable subscriptions sold through the App Store. Credits, subscription terms, billing, renewal, cancellation and refunds are governed by section 6 of the Terms of Use. Payment is taken by Apple and refunds are handled by Apple under its own policies.
6. Maintenance and Support
Mimi Studio is solely responsible for providing any maintenance and support services for the Licensed Application, as specified in this Licence or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application.
Support is provided by email at [email protected]. We aim to answer within two working days.
7. Warranty
Mimi Studio is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the sole responsibility of Mimi Studio.
Subject to the paragraph above and to any mandatory consumer rights you have, the Licensed Application is provided "as is" and "as available", as further set out in section 10 of the Terms of Use. In particular, we do not warrant that any design is accurate, achievable, buildable, lawful or fit for any purpose.
8. Product Claims
Mimi Studio, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of it, including: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the Licensed Application's use of frameworks that collect or transmit data.
This Licence does not limit Mimi Studio's liability to you beyond what is permitted by applicable law.
9. Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, Mimi Studio, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
10. Legal Compliance
You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You further agree to comply with any applicable third-party terms when using the Licensed Application.
11. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application, including the terms of your wireless data service plan. Generating a design uses network data, which may be charged by your carrier.
Designs are produced with third-party AI image models. Your use of a design is also subject to those providers' terms, as described in section 5.3 of the Terms of Use.
12. Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Licence, and that upon your acceptance of it Apple will have the right, and will be deemed to have accepted the right, to enforce this Licence against you as a third-party beneficiary of it.
13. Term and Termination
This Licence is effective until terminated by you or by Mimi Studio. Your rights under it terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination you must stop all use of the Licensed Application and delete all copies of it. Sections 3, 7, 8, 9, 12 and 14 survive termination.
14. Governing Law
This Licence is governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict of law provisions, and disputes are subject to the exclusive jurisdiction of the competent courts in Ljubljana, Slovenia. Nothing in this Licence affects your statutory rights as a consumer under the applicable laws of your country of residence.
15. Contact
Questions about this Licence should be directed to:
Mimi Studio d.o.o.
Trubarjeva cesta 79
1000 Ljubljana, Slovenia
Email: [email protected]
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