End User License Agreement

DARCE ("DARCE", "we", "us" or "our") is operated by Kellert Labs, a sole trader based in Sydney, New South Wales, Australia (ABN to be confirmed).

Subject to your compliance with this Licence and our Terms of Service, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and install the App on a device you own or control, and to use it for your own personal, non-commercial training. We licence the App to you; we do not sell it. We and our licensors keep all rights not expressly granted.

If you obtained the App from an app store, the number of devices on which you may install it and other usage rules are also governed by that store's terms.

Except to the extent the law does not allow this restriction, you must not:

• copy, modify, adapt, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, or try to derive its source code;
• rent, lease, lend, sell, sublicense, distribute or otherwise make the App available to others;
• remove, obscure or alter any proprietary notices in the App;
• circumvent, disable or interfere with security or technical limitations of the App;
• use the App in any unlawful way or in breach of our Acceptable Use Policy; or
• use the App to build or train a competing product or model.

You must comply with all applicable laws when using the App, including any export-control and sanctions laws, and you confirm you are not located in, or a national of, a country subject to relevant sanctions.

The App may ask for permissions such as access to your camera, microphone, photo library, storage and notifications so that it can record or import footage, analyse it, and keep you updated. You can manage these in your device settings, but turning some off may stop parts of the App working.

We collect and handle information through the App as described in our Privacy Policy, including how we process and store your training footage.

We may release updates, and your device or app store may download and install them automatically. Updates may add, change or remove features. We may also change or discontinue the App, in whole or in part, in line with our Terms of Service. Older versions may stop working when we release a new one.

General. Your use of the App must comply with the usage rules of the store you downloaded it from. The relevant store is a "Distributor".

Apple App Store

If you downloaded the App from the Apple App Store, you acknowledge that: this Licence is between you and us only, not Apple, and Apple is not responsible for the App or its content; Apple has no obligation to provide any maintenance or support for the App; in the event the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation for the App; Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability, regulatory, or consumer-protection claims, or claims that the App infringes intellectual-property rights, which (subject to our Terms) are our responsibility; and you will comply with applicable third-party terms when using the App.

You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting", and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of this Licence and, on your acceptance, have the right to enforce it against you.

Google Play

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to this Licence and is not responsible for the App.

This Licence applies until terminated. It ends automatically if you breach it. You can end it at any time by deleting the App and stopping all use. On termination you must stop using and delete all copies of the App. Provisions that by their nature should survive — including restrictions, disclaimers, liability limits and governing law — continue to apply.

The App is provided "as is" to the extent permitted by law, and the disclaimers, Australian Consumer Law protections, and limitation of liability in our Terms of Service apply equally to the App and are incorporated here. Please also read our Disclaimer & Assumption of Risk.

This Licence is governed by the laws of the State of New South Wales, Australia, consistent with our Terms of Service. Questions about this Licence can be sent to hello@darce.app.