Last updated: 19 June, 2023

Please read this End-User Licence Agreement ("Agreement") carefully before clicking the “I Agree” button, downloading or using Arwen.

The words of which the initial letter is capitalised have defined meanings, which are set out at the end of this Agreement.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement. The Company remains the owner of the Application at all times.

Licence

Scope of Licence

The Company grants You a revocable, non-exclusive, non-transferable, limited licence to download, install and use the Application strictly in accordance with the terms of this Agreement.

The licence that is granted to You by the Company is solely for your personal, non-commercial purposes (unless You are a business) strictly in accordance with the terms of this Agreement. Where the Company has contracted with a business, the licence is granted only to those employees, agents and independent contractors of the business who the business has authorised to use the Application.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the Application and underlying software throughout the world belong to us, that rights in the Application are licensed (not sold) to You, and that You have no intellectual property rights in, or to, the Application other than the right to use the Application in accordance with the terms of this Agreement.

You acknowledge that You have no right to have access to the Application in source code form.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third-Party Service’s terms of use when using the Application. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such Third-Party’s terms and conditions.

No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Our Responsibility for Loss of Damage Suffered by You

We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and You knew it might happen.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 GBP if You haven’t purchased anything through the Application.

We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

Unless otherwise expressly agreed with You in writing we are not liable for business losses. The Application is for your private use. If You use the Application for any commercial, business or resale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You acknowledge that the Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application meet your requirements.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

How We May Use Your Personal Information

Under data protection legislation, we are required to provide You with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.arwen.ai/privacy-policy and it is important that you read that information.

Severability & Waiver

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to this Agreement & Other Important Terms

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice to the primary contact provided to the Company prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorised to use the Application and should delete the Application and all copies of it from your Devices.

This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Agreement. You may not transfer your rights or obligations under this Agreement unless we expressly agree in writing.

If we do not insist immediately that You do anything You are required to do under this Agreement, or if we delay in taking steps against You in respect of your breaking this Agreement, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.

Which laws apply to this Agreement and where you may bring legal proceedings

The laws of England shall govern this Agreement and your use of the Application and You can bring legal proceedings in respect of the Agreement in the English courts. Your use of the Application may also be subject to other local, state, national, or international laws.

Contact Us

If You have any questions about this Agreement, You can contact Us:

By email: info@arwen.ai
By phone number: 0203 9188550

If we have to contact You or give you notice in writing, we will do so by email.

Definitions

For the purposes of this Agreement:

Agreement means this End-User License Agreement that forms the agreement between You and the Company regarding your use of the Application.

Application means the software program named Arwen provided by the Company and downloaded by You to a Device,

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Arwen AI Limited, Office 6, Unit 11 Riverside Park Industrial Estate, Dogflud Way, Farnham, Surrey, GU9 7UG.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Application such as a computer, a cell phone or a digital tablet.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application with your authority, as applicable.

End User Licence Agreement