End User License Agreement
END USER LICENSE AGREEMENT
Last updated August 15, 2025 Arguably is licensed to You (End-User) by PocketEngine Studio LLC, ("Licensor"), for use only under the terms of this License Agreement. By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services." The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Arguably, not the Services, is solely responsible for the Licensed Application and the content thereof. Arguably when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Arguably is to be used on devices that operate with Apple's operating systems (eg. "iOS" and "Mac OS") or Google's operating system (eg. "Android"). TABLE OF CONTENTS 1. THE APPLICATION 2. SCOPE OF LICENSE 3. TECHNICAL REQUIREMENTS 4. MAINTENANCE AND SUPPORT 6. USER-GENERATED CONTRIBUTIONS 7. CONTRIBUTION LICENSE 8. LIABILITY 9. WARRANTY 10. PRODUCT CLAIMS 11. LEGAL COMPLIANCE 12. CONTACT INFORMATION 13. TERMINATION 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY 15. INTELLECTUAL PROPERTY RIGHTS 16. APPLICABLE LAW 17. MISCELLANEOUS 1. THE APPLICATION Arguably ("Licensed Application") is a piece of software. 2. SCOPE OF LICENSE 2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing. 2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern. 2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Arguably's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. 2.4 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty. 2.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers. 10. PRODUCT CLAIMS Arguably and the End-User acknowledge that Arguably, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit. 11. LEGAL COMPLIANCE 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. 12. CONTACT INFORMATION For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: Email: develop@pocketenginestudio.com 13. TERMINATION The license is valid until terminated by Arguably or by You. 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY Arguably represents and warrants that Arguably will comply with applicable third-party terms of agreement when using Licensed Application. In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. 15. INTELLECTUAL PROPERTY RIGHTS Arguably and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Arguably, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims. One may not redistribute, sell, rent, lease, sublicense, or otherwise transfer the Licensed Application or any portion thereof. The Licensor reserves all rights not expressly granted to You. 16. APPLICABLE LAW This License Agreement is governed by the laws of the State of Ohio excluding its conflicts of law rules. 17. MISCELLANEOUS 17.1 If any of the terms of this agreement 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. 17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.