End-User License Agreement

1. Acceptance of Terms

1.1. This End-User License Agreement ("EULA" or "Agreement") is a binding legal agreement between you ("you", "your", or "User") and Arklith Pty Ltd (ABN 37 697 489 820) ("Arklith", "we", "us", or "our"), the publisher of the grAIm mobile application ("App") and any associated services we provide ("Service").

1.2. By installing, accessing, launching, or continuing to use the App, you confirm that you have read, understood and agree to be bound by this EULA. If you do not agree, do not install, do not launch, and uninstall the App from any device on which you have installed it.

1.3. Age and capacity. You must be at least 18 years of age and have the legal capacity in your jurisdiction to enter into a binding contract to use the App. The App is not directed at anyone under 18 and we do not knowingly collect information from anyone under 18. If you are under 18 and you have installed the App, you must uninstall it immediately and have a parent or legal guardian contact us at the address in §20 to confirm removal of any associated data.

1.4. Binding effect. Acceptance is effective on first use of the App on each device. Continued use after a material change to this EULA (notified in accordance with §11) constitutes acceptance of the change.

1.5. Electronic acceptance. You agree that clicking "I agree", installing, launching, or continuing to use the App constitutes a valid electronic signature for the purposes of the Electronic Transactions Act 1999 (Cth) and equivalent state legislation.

2. Definitions

In this EULA, capitalised terms have the meanings set out below:

• "ACL" means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "App" means the grAIm mobile application, in any form (Android, iOS, or future platforms), including any updates, patches, over-the-air bundles, or successor versions.
• "BYOK" means "Bring Your Own Key" — the arrangement under which you supply your own API credentials to Third-Party Providers in order to use functionality that depends on those providers (see §6).
• "Beta" means a pre-general-availability release of the App designated by us as a beta, preview, alpha, or test version (see §3).
• "Content" means any text, image, audio, video, code, or other material output by, generated by, or made available through the App or Service.
• "User Content" means any Content that you create, input, supply, store, generate or upload through the App, including your conversations, memory items, identity data, daily logs, files, recordings, and any other personal data you choose to store in the App.
• "Third-Party Provider" means an external service provider whose products or services the App can connect to or interoperate with on your behalf, including but not limited to LLM API providers (such as Anthropic, OpenAI, Google/Gemini, DeepSeek, xAI, and similar), search providers, image-generation providers, text-to-speech providers, speech-to-text providers, email providers, and any other connected integration.
• "Third-Party Output" means any Content returned to the App by a Third-Party Provider in response to a request initiated by you or by the App on your behalf.
• "Device" means the mobile device, tablet, or other supported hardware on which the App is installed.
• "OTA Update" means an over-the-air update delivered via the App's update mechanism (currently Expo Updates) which may modify the App's JavaScript bundle without re-downloading the full App from an app store.

3. Beta Program Terms

3.1. Beta designation. Where we designate a version of the App as a Beta, the following terms apply in addition to the remainder of this EULA, and prevail over any inconsistent provision to the extent of the inconsistency.

3.2. Pre-release software. Beta versions are pre-release software made available to you for evaluation, testing, and feedback. They may contain bugs, defects, performance issues, security vulnerabilities, incomplete features, and other limitations not present in a generally-available release.

3.3. No SLA. We make no representation or warranty as to availability, uptime, performance, reliability, or continuity of any Beta version. Beta versions may be temporarily or permanently unavailable, withdrawn, paused, or replaced at any time without notice.

3.4. Data resets. User Content created in a Beta may be reset, archived, deleted, or rendered inaccessible between Beta versions, between Beta and stable release, or otherwise during the Beta program. You should not store data in a Beta version that you cannot afford to lose, and you are responsible for maintaining your own backups using any export mechanism provided by the App.

3.5. Breaking changes. Features may be added, removed, modified, or replaced at any time without notice during the Beta. No migration path is guaranteed between Beta versions or between Beta and stable release.

3.6. Telemetry. Beta participation may involve additional telemetry and diagnostic data collection beyond that described in our Privacy Policy. Where additional telemetry is required, the App will request your opt-in consent before enabling it. You may withdraw consent at any time in the App's settings; withdrawal may result in reduced Beta functionality. During beta, crash and error reporting is required and cannot be disabled. The opt-out described above will become available when grAIm exits beta.

3.7. Revocation of Beta access. We may revoke your access to any Beta version at any time, in our sole discretion, with or without cause and with or without notice. Revocation does not affect any rights or obligations that have already accrued.

3.8. Beta feedback license. Feedback you provide during a Beta is governed by §9.

3.9. No commercial use. Beta versions are made available for personal, non-commercial evaluation purposes only.

4. License Grant

4.1. Grant. Subject to your continuous compliance with this EULA, Arklith grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on a Device that you own or control, for your personal, non-commercial purposes only.

4.2. Reservation of rights. All rights in and to the App not expressly granted to you in this EULA are reserved by Arklith and its licensors. No rights are granted by implication, estoppel, or otherwise.

4.3. App store terms. Your installation and use of the App is also subject to the terms of the app store (Google Play, Apple App Store, or other) from which you obtained the App. In the event of conflict between this EULA and the applicable app store terms, the app store terms prevail to the extent of the conflict, but only as between you and the app store; this EULA continues to apply between you and Arklith.

5. Restrictions on Use

5.1. You must not, and must not permit any other person to:

(a) copy, modify, adapt, translate, port, or create derivative works of the App, except as expressly permitted by this EULA or as permitted by non-waivable rights granted to you under applicable law;

(b) reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, system prompt, internal architecture, or trade secrets of the App, except to the extent that such activity is permitted by non-waivable rights granted to you under applicable law (including, in Australia, sections 47B–47H of the Copyright Act 1968 (Cth)) and only to the extent so permitted;

(c) extract, reproduce, or otherwise obtain the App's system prompts, internal instructions, data structures, or any other proprietary instructional material, whether by inspection of network traffic, prompt-injection, jailbreak, or otherwise;

(d) use the App, the App's outputs, or any data extracted from the App, to train, fine-tune, evaluate, or otherwise develop any artificial intelligence model, system, or service that competes with the App or with any product or service offered by Arklith;

(e) remove, obscure, alter, or replace any copyright notice, trademark, logo, or other proprietary notice or marking on or in the App;

(f) circumvent, disable, or interfere with any security, authentication, integrity-verification, or access-control feature of the App;

(g) use the App for or in connection with any unlawful purpose, or to do anything that is unlawful or that infringes the rights of any other person;

(h) use the App in any manner that could damage, disable, overburden, or impair Arklith's systems or any Third-Party Provider's systems, or interfere with any other party's use and enjoyment of the App;

(i) use the App to generate, store, transmit, or distribute Content that:

(j) resell, rent, lease, sublicense, time-share, or commercially exploit the App or your license to it, or use the App to provide a service to any third party;

(k) use the App in a mission-critical, life-critical, or safety-critical context, including but not limited to medical diagnosis or treatment decisions, emergency response, navigation or autopilot, financial trading, infrastructure control, or any other application in which a failure, error, or inaccuracy could result in death, personal injury, property damage, financial loss, or other serious harm;

(l) use the App in any way that breaches the terms, content policies, acceptable-use policies, or other rules of any Third-Party Provider whose services the App connects to on your behalf; or

(m) authorise, assist, or encourage any other person to do any of the foregoing.

5.2. Suspension and termination. Without limiting our other remedies, we may suspend or terminate your license under §16 if we reasonably believe you have breached this section, including any specific paragraph of §5.1.

6. Third-Party Services (BYOK)

6.1. What BYOK means. The App is designed so that you supply your own API credentials ("API Keys") to one or more Third-Party Providers. The App uses your API Keys, stored on your Device in encrypted secure storage, to make requests to each Third-Party Provider directly on your behalf.

6.2. Your direct relationship with each Third-Party Provider. When you supply an API Key to a Third-Party Provider and the App uses that API Key to make a request:

(a) you are the customer of that Third-Party Provider — not Arklith;

(b) you are solely responsible for entering into, complying with, and maintaining a current and valid agreement with that Third-Party Provider, including without limitation that provider's terms of service, content policy, acceptable-use policy, privacy policy, and billing terms;

(c) you are solely responsible for all charges, fees, taxes, levies, and other costs incurred under your account with each Third-Party Provider, including without limitation usage charges, overage fees, and any penalties or remediation costs imposed by the provider;

(d) Arklith is not a party to, and has no obligations under, your agreement with any Third-Party Provider;

(e) Arklith does not broker, mediate, intermediate, resell, or otherwise stand between you and any Third-Party Provider; and

(f) Arklith does not handle, receive, hold, or have access to any payment you make to any Third-Party Provider.

6.3. No responsibility for Third-Party Output. Arklith does not generate, control, endorse, verify, or warrant any Third-Party Output. Without limitation:

(a) Third-Party Output may be inaccurate, incomplete, biased, misleading, fabricated, outdated, offensive, or harmful;

(b) the same input may produce different Third-Party Output on different occasions or across different Third-Party Providers;

(c) Third-Party Providers may unilaterally change their models, behaviour, pricing, availability, capacity, terms, or access at any time, and the App's behaviour will change accordingly without any required action by Arklith; and

(d) Third-Party Providers may suspend, throttle, terminate, or restrict your account, and where this occurs the corresponding functionality of the App will be impaired or unavailable until you restore your access with the Third-Party Provider.

6.4. Provider TOS compliance is your responsibility. You acknowledge and agree that:

(a) the way you use the App, including the prompts you submit, the data you provide as input, and the content you generate, may engage one or more Third-Party Provider terms of service or content policies;

(b) Arklith does not review, filter, or validate your inputs or your Third-Party Output for compliance with any Third-Party Provider's terms;

(c) if you violate a Third-Party Provider's terms and that provider takes any action against you (including suspension, termination, billing dispute, or legal claim), that is a matter solely between you and that provider, and Arklith has no liability in respect of that action; and

(d) you indemnify Arklith in respect of any third-party claim, demand, loss, or expense arising from your breach of a Third-Party Provider's terms (see §15).

6.5. No guarantee of Third-Party Provider availability. Arklith makes no representation or warranty that any specific Third-Party Provider is, or will continue to be, supported by the App, available for use, or compatible with the App. We may add, remove, or modify Third-Party Provider integrations at any time without notice.

6.6. Optional managed-service tier (if and when offered). We may, in the future, offer a managed-service tier under which Arklith provides direct access to Third-Party Provider capabilities without requiring you to supply your own API Keys. Any such tier will be subject to separate terms, including separate billing arrangements, and will not modify the BYOK arrangements described in this §6 unless expressly agreed.

7. AI-Generated Content Disclaimer

Please read this section carefully. It is one of the most important in this document.

grAIm is a general-purpose AI assistant — a tool, not a person. It is not a therapist, doctor, lawyer, financial advisor, spiritual guide, or romantic partner. grAIm does not generate responses itself; it is a memory and orchestration layer that sends your prompts to AI models operated by third parties (the providers YOU choose and connect via your own API keys). The output you receive is generated entirely by those third-party providers, not by Arklith.

7.1. The App uses large language models. grAIm produces output by sending your prompts to one or more AI models operated by Third-Party Providers. The output you see in the App is generated by those models, not authored by Arklith. Arklith does not control, curate, or endorse the output of any AI model.

7.2. AI output can be wrong. AI models can and do produce output that is:

(a) factually wrong — including confidently-stated falsehoods, fabricated citations, invented quotations, or "hallucinated" details that look plausible but are not real;

(b) out of date — models have training cut-offs and may not be aware of current events;

(c) biased — reflecting biases present in their training data;

(d) offensive, distressing, or unsafe — despite the App's and the providers' safety measures;

(e) inconsistent — producing different answers to the same question; and

(f) wrong in ways that look right — output may be confident, well-formatted, internally consistent, and still completely incorrect;

(g) emotionally harmful — AI models can validate delusional beliefs, reinforce unhealthy thought patterns, respond sycophantically to distressed users, or create the illusion of a reciprocal emotional relationship that does not exist. Prolonged interaction may contribute to emotional dependency, social isolation, or psychological distress, particularly in vulnerable users.

7.3. Verify before relying. You are solely responsible for evaluating whether any output of the App is accurate, appropriate, safe, and suitable for your intended use. You must independently verify any factual claim, calculation, recommendation, or instruction before relying on it for any consequential decision.

7.4. The App does not provide professional advice. Nothing the App says is medical, legal, financial, accounting, tax, psychological, psychiatric, engineering, or other professional advice. Even when grAIm appears to know personal details about you (because you have stored them in the App's memory) and the output feels personal and confident, the App is not a substitute for a qualified human professional. Specifically and without limitation:

(a) Medical — do not use grAIm's output to diagnose, treat, monitor, or make decisions about any health condition, medication, dosage, symptom, or emergency. Consult a qualified medical practitioner. In a medical emergency, contact emergency services in your jurisdiction (e.g. 000 in Australia).

(b) Legal — do not use grAIm's output to draft, interpret, sign, or rely on any legal document or to make any legal decision. Consult a qualified lawyer admitted in your jurisdiction.

(c) Financial / investment / tax — do not use grAIm's output to make any investment, financial-planning, tax, or business decision. Consult a qualified financial adviser or accountant licensed in your jurisdiction.

(d) Safety-critical — do not use grAIm's output to make any decision in any context where error, omission, or failure could result in death, injury, property damage, or material loss.

7.5. Your decisions are yours. Arklith provides the App as a tool. Decisions about how to act on the App's output are made by you, and the responsibility and consequences of those decisions are yours.

7.6. Provider safety policies. Each Third-Party Provider has its own safety policies, content filters, and refusal behaviour. The App may, at times, return refusal messages, partial responses, or warnings generated by the Third-Party Provider rather than by Arklith. Arklith does not control these and is not responsible for them.

7.7. Reporting harmful output. If grAIm produces output that you consider unsafe, illegal, or seriously harmful, you can report it to us at the contact in §20. We may use that report to improve the App or to forward it to the relevant Third-Party Provider, subject to the feedback license in §9.

7.8. grAIm is an assistant, not a companion. grAIm is a productivity tool — an AI assistant designed to help you organise information, manage tasks, and get things done. It is not designed, marketed, or intended to serve as a romantic partner, an erotic chatbot, a simulated friend, a therapist, a mental health service, or a substitute for human relationships. Using grAIm to simulate a romantic or sexual relationship, or treating it as a replacement for human connection, is misuse of the App. You agree not to use the App for these purposes.

7.9. Not a crisis service. grAIm is not a crisis intervention service, suicide prevention hotline, or emergency response system. If you are experiencing a mental health crisis, having thoughts of self-harm or suicide, or believe you are a danger to yourself or others:

• Do not rely on grAIm. Contact emergency services in your area immediately.
• In Australia, call 000 or Lifeline on 13 11 14.
• In the United States, call or text 988 (Suicide & Crisis Lifeline).
• If you are outside these countries, contact your local emergency number or crisis service.

The App includes on-device automated safety features that run locally on your Device. When the App detects patterns in your messages that may indicate self-harm, suicidal ideation, violence planning, romantic or sexual roleplay attempts, or requests for therapeutic services, it will respond with an AI disclosure (a reminder that you are talking to an AI assistant) and, where appropriate, an offer to help find professional services in your area. These safety features:

(a) run entirely on your Device — Arklith does not have access to your conversations and does not monitor them on our servers;

(b) use imperfect algorithmic detection, not human review, and may not detect every concerning message — they are best-effort aids, not a substitute for human intervention;

(c) are not a clinical assessment, do not constitute a duty of care, and their operation, absence, or failure does not create any liability on Arklith's part; and

(d) do not contact emergency services on your behalf — the App cannot call 000, 988, or any other emergency number. If you need immediate help, you must make that call yourself.

8. User Content and Data

8.1. You own your User Content. As between you and Arklith, you retain all right, title, and interest in and to your User Content. Nothing in this EULA transfers ownership of your User Content to Arklith.

8.2. No ownership claim by Arklith. Arklith does not claim ownership of your memory items, conversations, identity data, daily logs, files, recordings, prompts, or any other User Content. We do not assert any copyright, trademark, or other proprietary right over content that is yours.

8.3. On-device storage and encryption. The App is designed so that User Content is stored on your Device. Sensitive data (including API Keys and, where opted-in, end-to-end encryption keys) is stored in your Device's hardware-encrypted secure storage. Cloud backups, when enabled, are encrypted at rest using AES-256-GCM with a key derived from your password or, where enabled, a device-bound key.

8.4. Limited processing license. You grant Arklith a non-exclusive, royalty-free, worldwide license to access, store, transmit, process, transform, and display your User Content solely for the purpose of operating the App and providing the Service to you. This license:

(a) is limited to the technical operations necessary to deliver the App's functionality on your Device and, where you opt in, to back up your User Content to a cloud storage destination of your choosing;

(b) terminates automatically when you delete the User Content from the App, when you uninstall the App, or when this EULA terminates, whichever is earliest, subject only to operationally-necessary retention (e.g. for backups already in flight); and

(c) does not authorise Arklith to use your User Content to train any AI model, to sell your User Content, to share your User Content with third parties for marketing or advertising, or to otherwise commercialise it.

8.5. Third-Party Providers. When you initiate an action that requires a request to a Third-Party Provider, the App sends the necessary input (which may include parts of your User Content) to that provider on your behalf using your API Key. Once the input leaves your Device, it is governed by the privacy and data-handling terms of that Third-Party Provider, not by this EULA or by Arklith's Privacy Policy. You are responsible for understanding each Third-Party Provider's terms before configuring the App to use it.

8.6. Your backups. You are responsible for maintaining your own backups of your User Content using the App's export and backup features. We are not liable for loss of User Content that you have not separately backed up, except to the extent that ACL or other non-waivable law requires otherwise.

8.7. Account deletion / wipe. You may delete your User Content from your Device at any time using the App's in-app controls or by uninstalling the App. Where cloud backups exist, you must separately delete them through the App's cloud-backup management interface or directly through the cloud-storage destination.

9. Feedback License

9.1. What feedback covers. "Feedback" means any suggestion, comment, idea, bug report, feature request, design proposal, criticism, transcript of an in-App problem, sample input/output, or other communication you submit to Arklith concerning the App or the Service, whether voluntarily or in response to a prompt from us or the App.

9.2. License grant. You grant Arklith a perpetual, irrevocable, worldwide, royalty-free, fully-paid, transferable, sublicensable license to use, reproduce, modify, prepare derivative works of, distribute, display, perform, exploit, and otherwise use the Feedback for any purpose, including but not limited to improving the App, developing new features, improving other Arklith products and services, and incorporating the Feedback into Arklith's intellectual property.

9.3. No obligation, no compensation. Arklith has no obligation to act on, respond to, attribute, credit, or compensate you for any Feedback. You waive any moral rights you may have in the Feedback to the maximum extent permitted by law.

9.4. Feedback is not confidential. Unless you and Arklith have separately entered into a written confidentiality agreement covering the Feedback, you should treat any Feedback you submit as non-confidential and non-proprietary. Do not submit Feedback that contains information you consider confidential or that you do not own.

9.5. PII in feedback. If your Feedback contains personal information about you or any other person, our Privacy Policy continues to apply to that personal information. Do not include personal information about third parties in Feedback unless you have their consent.

10. Intellectual Property

10.1. Arklith owns the App. The App, including its source code, object code, internal architecture, algorithms, system prompts, data structures, processing logic, user interface, brand assets, names, logos, and any other proprietary materials, is owned by Arklith or its licensors, and is protected by copyright, trademark, trade secret, and other intellectual property laws.

10.2. Trade secrets. The App's internal architecture, algorithms, system prompts, data structures, security mechanisms, processing logic, and other non-public components and techniques constitute confidential trade secrets of Arklith, regardless of whether individually named in this or any other agreement. You must not extract, disclose, replicate, reverse-engineer, or commercialise the App's internal operations or any component thereof.

10.3. Trademarks. "grAIm", "Arklith", and any associated logos and marks (whether registered or unregistered) are trademarks of Arklith. This EULA does not grant you any right to use those trademarks.

10.4. No IP transfer. Your license under §4 is a right to use the App. It is not a sale, assignment, or transfer of any intellectual-property right.

10.5. Third-Party IP. The App may include or interoperate with third-party software, open-source components, and Third-Party Provider services, each of which is owned by its respective licensor. Third-party components may be governed by their own licenses, which take precedence over this EULA only with respect to those components.

10.6. Feedback IP. All intellectual property in any derivative works, improvements, or developments made by Arklith based on Feedback is owned by Arklith (see §9).

11. Updates and Modifications

11.1. Updates to the App. We may update the App from time to time, including:

(a) full-version updates delivered through your app store (Google Play, Apple App Store); and

(b) over-the-air (OTA) updates delivered directly through the App's update mechanism, which may modify the App's JavaScript bundle, configuration, or feature set without requiring an app-store update.

11.2. Automatic updates. OTA Updates may apply automatically when available, in accordance with the in-App update settings. You may have options to delay, defer, or disable automatic updates; however, declining an update may result in the App becoming partially or wholly non-functional, incompatible with Third-Party Providers, or unsupported.

11.3. No warranty on updates. Updates may introduce new features, modify existing features, remove features, change behaviour, or affect compatibility. We make no warranty that any specific feature or behaviour will persist across versions, except to the extent required by ACL or other non-waivable law.

11.4. Changes to this EULA. We may modify this EULA from time to time. Where a modification is material (in our reasonable judgment), we will provide notice to you at least 30 days before the change takes effect, by:

(a) an in-App notice; and/or

(b) where you have provided us with a contact email address, an email to that address.

Non-material changes (such as clarifications, typographical corrections, or updates to reflect changes in non-Arklith services) may take effect immediately upon posting.

11.5. Your options on a material change. If you do not agree to a material change to this EULA, your sole remedy is to cease using the App and uninstall it from your Devices before the change takes effect. Continued use after the change takes effect constitutes acceptance.

12. Privacy

12.1. Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at https://graim.ai/privacy-policy. By using the App, you acknowledge that you have read and understood the Privacy Policy.

12.2. EULA and Privacy Policy together. This EULA and the Privacy Policy together govern your use of the App. In the event of any conflict between them concerning the handling of personal information, the Privacy Policy prevails.

12.3. Personal-information minimisation by design. The App is designed to keep your User Content on your Device. Arklith generally does not have access to your conversations, memory items, or identity data, except where you choose to opt in to cloud backups, share Feedback or diagnostic reports with us, or otherwise actively transmit User Content to Arklith.

13. Disclaimer of Warranties

13.1. Important. This section sets out limits on the warranties we provide. It is subject to §13.4, which preserves your rights under the ACL and any other non-waivable consumer protection law.

13.2. "As-is" and "as-available". Subject to §13.4, the App and the Service are provided on an "as-is" and "as-available" basis, without any warranty or condition of any kind, whether express, implied, statutory, or otherwise.

13.3. No specific warranties. Subject to §13.4, Arklith specifically disclaims:

(a) any warranty of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, title, non-infringement, or quiet enjoyment;

(b) any warranty that the App will be uninterrupted, error-free, secure against all threats, free of bugs or vulnerabilities, or compatible with any specific Device, operating system, network, or Third-Party Provider;

(c) any warranty about the accuracy, reliability, completeness, currency, or safety of any output produced by the App or by any Third-Party Provider;

(d) any warranty that the App will continue to support any particular feature, Third-Party Provider, or platform; and

(e) any warranty that the App will protect against, prevent, or detect every possible security threat, attack, exploit, or vulnerability.

13.4. Australian Consumer Law. Nothing in this EULA excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the ACL or any other applicable consumer-protection law that cannot be excluded, restricted, or modified by agreement. If a consumer guarantee under the ACL applies to the App or the Service and we fail to comply with it, then to the extent the ACL permits us to do so, our liability for that failure is limited (at our election) to:

(a) the supply of the services again; or

(b) payment of the cost of having the services supplied again.

13.5. No reliance on undocumented behaviour. You agree that any reliance on undocumented App behaviour, undocumented Third-Party Provider behaviour, or experimental features is at your sole risk.

14. Limitation of Liability

14.1. Important. This section limits Arklith's liability to you. It is subject to §14.4, which preserves your rights under the ACL and any other non-waivable law.

14.2. Excluded categories of loss. Subject to §14.4, in no event will Arklith be liable to you (whether under contract, tort, negligence, statute, or otherwise) for any:

(a) indirect, special, incidental, consequential, or exemplary loss or damage;

(b) loss of profit, revenue, business, opportunity, goodwill, or anticipated savings;

(c) loss of, corruption of, or unauthorised access to data (including User Content), even where backup mechanisms are provided;

(d) loss arising from the act, omission, output, billing, suspension, or termination of any Third-Party Provider;

(e) loss arising from any decision you make in reliance on output produced by the App; or

(f) loss arising from your failure to comply with this EULA or with any applicable law.

14.3. Aggregate cap. Subject to §14.4, Arklith's total aggregate liability to you arising out of or in connection with this EULA, the App, or the Service, however caused and on any theory of liability, is limited to the greater of:

(a) AUD $100; and

(b) the total fees actually paid by you to Arklith for use of the App in the 12 months immediately preceding the event giving rise to liability.

14.4. Australian Consumer Law and other non-waivable liability. Nothing in this EULA:

(a) excludes, restricts, or modifies any non-waivable consumer guarantee under the ACL or any other applicable consumer protection law;

(b) excludes or limits Arklith's liability for fraud, fraudulent misrepresentation, or wilful misconduct;

(c) excludes or limits liability for personal injury or death caused by Arklith's negligence, where such exclusion is prohibited by applicable law; or

(d) excludes or limits any liability that cannot be excluded or limited under applicable law.

14.5. Allocation of risk. You acknowledge that the disclaimers, limitations, and exclusions in §13 and §14 form an essential basis of the bargain between you and Arklith, and that the App could not be made available to you on the terms offered without them.

15. Indemnification

15.1. Your indemnity. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Arklith, its directors, officers, employees, agents, contractors, and assigns ("Indemnified Parties") from and against any third-party claim, demand, suit, action, proceeding, or liability ("Claim"), and any losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) your breach of this EULA, including without limitation §5 (Restrictions on Use) and §6 (Third-Party Services);

(b) your User Content;

(c) your use of any output of the App, including any decision you make in reliance on it;

(d) your violation of any Third-Party Provider's terms of service, content policy, or acceptable-use policy;

(e) your violation of any applicable law or regulation, or any rights of any other person;

(f) any unauthorised use of your API Keys, where caused by your failure to keep them secure; or

(g) any Feedback you provide to the extent the Feedback infringes the rights of any third party.

15.2. Carve-out. §15.1 does not require you to indemnify the Indemnified Parties to the extent the Claim arises from:

(a) the Indemnified Parties' own negligence, wilful misconduct, or fraud; or

(b) any other matter that cannot, by law, be the subject of an indemnity.

15.3. Conduct of defence. Arklith will (a) promptly notify you of any Claim subject to indemnity; (b) reasonably cooperate with you in the defence of the Claim; and (c) allow you to control the defence, provided that you may not settle any Claim that imposes any liability or admission on any Indemnified Party without that party's prior written consent (not to be unreasonably withheld). Arklith may participate in the defence at its own expense with counsel of its choice.

16. Termination

16.1. Termination by you. You may terminate this EULA at any time by uninstalling the App from all your Devices and ceasing all use of the Service.

16.2. Termination by Arklith. Arklith may suspend or terminate your license under this EULA, immediately and without prior notice, where:

(a) you have materially breached this EULA, including §5 (Restrictions on Use);

(b) Arklith is required to do so by law or by court order;

(c) Arklith decides to discontinue the App or any material feature of it (in which case Arklith will use reasonable efforts to provide advance notice and a reasonable migration window); or

(d) where you have used the App in a manner that, in Arklith's reasonable judgment, exposes Arklith or its other users to material risk.

16.3. Effect of termination. On termination of this EULA, for any reason:

(a) your license under §4 ends immediately;

(b) you must uninstall the App from all your Devices and cease all use of the Service;

(c) any usage of the App after termination is unlicensed; and

(d) any accrued rights, remedies, or obligations of either party at the time of termination remain unaffected.

16.4. Survival. The following sections survive termination of this EULA: §2 (Definitions), §5 (Restrictions on Use) to the extent of any continuing use, §7 (AI-Generated Content Disclaimer) for any prior reliance, §8 (User Content and Data) for any prior use, §9 (Feedback License), §10 (Intellectual Property), §13 (Disclaimer of Warranties), §14 (Limitation of Liability), §15 (Indemnification), §17 (Governing Law and Jurisdiction), §18 (Dispute Resolution), §19 (General Provisions), and §20 (Contact).

17. Governing Law and Jurisdiction

17.1. Governing law. This EULA is governed by and construed in accordance with the laws of New South Wales, Australia, without giving effect to any conflict-of-laws principles that would require the application of another jurisdiction's law.

17.2. Exclusive jurisdiction. You and Arklith submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them, for the resolution of any dispute arising out of or in connection with this EULA, subject to §17.3 and §18.

17.3. Consumer rights preserved. If you are a consumer in a jurisdiction whose consumer-protection laws give you a mandatory right to bring proceedings in your local courts, or to invoke local law, nothing in §17.1 or §17.2 prevents you from doing so.

17.4. International users. The App is published from Australia and is available in supported regions. If you access the App from a jurisdiction outside Australia, you do so on your own initiative and are responsible for compliance with any local laws that apply to your use.

18. Dispute Resolution

18.1. Good-faith negotiation. Before commencing any formal dispute proceeding (other than for urgent injunctive relief or proceedings to enforce a payment), the parties will attempt in good faith to resolve any dispute through informal communication at the contact addresses in §20. Each party agrees to respond in good faith to a written notice describing the dispute and the resolution sought, within 30 days of the notice.

18.2. Mediation. If a dispute is not resolved through informal communication within 60 days of the original written notice, the parties will, before commencing court proceedings (other than for urgent injunctive relief), attempt mediation administered by a mediator agreed between the parties or, failing agreement, appointed by the Resolution Institute (or a similar Australian alternative-dispute-resolution body). Each party bears its own costs of mediation; the mediator's fees are shared equally.

18.3. Court proceedings. Either party may commence court proceedings in accordance with §17 after the conclusion of mediation, or earlier where urgent injunctive relief is sought.

18.4. Equitable relief. Notwithstanding the foregoing, either party may seek urgent injunctive or equitable relief in any court of competent jurisdiction at any time, to prevent or stop a breach of this EULA pending resolution of the underlying dispute.

19. General Provisions

19.1. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect. If the unenforceable provision is essential to the bargain, the parties will negotiate in good faith to substitute an enforceable provision that achieves the original commercial intent as closely as possible.

19.2. Entire agreement. This EULA, together with the Privacy Policy and any in-app policies expressly incorporated by reference, constitutes the entire agreement between you and Arklith with respect to the App and the Service, and supersedes all prior or contemporaneous agreements, understandings, representations, and communications.

19.3. No waiver. A failure or delay by Arklith to exercise any right or remedy under this EULA does not constitute a waiver of that right or remedy. A single or partial exercise of any right or remedy does not preclude any other or further exercise of it.

19.4. Assignment. You may not assign, transfer, or sublicense any of your rights or obligations under this EULA without Arklith's prior written consent. Arklith may assign or transfer any of its rights or obligations under this EULA at any time, including in connection with a sale, merger, restructure, or transfer of all or part of its business, without your further consent.

19.5. Force majeure. Arklith is not liable for any delay or failure to perform any obligation under this EULA to the extent caused by any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, governmental action, network failures, denial-of-service attacks, Third-Party Provider outages, or pandemic-related disruption.

19.6. Notices. Notices to Arklith must be sent in writing to the contact address in §20. Notices to you may be given in-app, by email to any address you have provided to Arklith, or by other means we reasonably consider effective.

19.7. Independent contractors. Nothing in this EULA creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and Arklith.

19.8. No third-party beneficiaries. Other than as expressly contemplated by this EULA (including any rights of Apple Inc. or Google LLC under their respective app-store terms, where applicable), this EULA does not confer any rights or remedies on any person other than you and Arklith.

19.9. Language. This EULA is drafted in English. Any translation is provided for convenience only and the English version prevails.

19.10. Headings. Headings are for convenience only and do not affect the interpretation of this EULA.

19.11. Electronic delivery. You consent to receiving notices, agreements, and other communications from Arklith electronically (in-app, by email, or by other electronic means).

20. Contact

Arklith Pty Ltd (ABN 37 697 489 820) Registered address: 210 Macquarie Rd, Springwood NSW 2777, Australia

• Legal / EULA notices: legal@arklith.com.au
• Privacy / data inquiries: privacy@arklith.com.au
• Security reports: legal@arklith.com.au
• General support: legal@arklith.com.au