END-USER LICENSE AGREEMENT (EULA)
Last Updated: January 8, 2026
This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Seldon Polczynski (“Licensor”), the author of ArkoAI, including all HTML files, XML files, Java files, DLL, Rph, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code, and any AI-augmented features (the “Software”).
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree, Licensee may not download, install, or use the Software.
1. Grant of License
- A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a royalty-free, non-exclusive license to possess and to use a copy of the Software.
- B) Installation and Use. Licensee may install and use an unlimited number of copies of the Software solely for Licensee's business and personal use.
2. Data Ownership and Privacy
- A) User Ownership. Licensor claims no ownership rights over any files, images, or data provided by the Licensee (“Input”), nor the resulting renders or AI-generated content (“Output”). All rights to Input and Output remain with the Licensee.
- B) Non-Retention Policy. Licensor does not store, archive, or retain Licensee’s Input or Output on Licensor’s servers. Data is processed locally or in transit and is not permanently saved by the Licensor once a session or specific task is concluded.
- C) Transient Processing. To provide AI-enhanced features, the Software may transmit data to Third-Party Service Providers for real-time processing. This data is transmitted securely and is used solely to generate the requested Output. Licensor does not authorize these Third-Party Providers to use Licensee data to train their own models.
3. Description of Rights and Limitations
- A) Limitations. Licensee may not reverse engineer, decompile, or disassemble the Software, except as permitted by law.
- B) AI Usage Restrictions. Licensee agrees not to use the Software’s AI features to generate content that is illegal, defamatory, or violates the intellectual property rights of others.
- C) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as-needed basis.
- D) Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than one computer.
4. Third-Party AI Services & Output
- A) AI Accuracy. Licensee acknowledges that AI-generated Output is produced by automated systems. Such Output may occasionally be inaccurate, incomplete, or biased.
- B) Reliance. All AI-generated Output is provided for augmentation and visualization purposes only. Licensee is responsible for verifying the accuracy and appropriateness of any Output before use.
5. Title and Intellectual Property
Licensor represents and warrants that it has the legal right to enter into this EULA. All tangible and intangible rights, title, interest, and copyrights in and to the Software (including code, algorithms, and interface) remain the exclusive property of the Licensor. The Software is protected by all applicable copyright laws and international treaties.
6. Duration and Termination
This EULA is perpetual unless:
- A) Automatically terminated if Licensee fails to comply with any terms.
- B) Terminated or suspended by Licensor, with or without cause. Upon termination, Licensee must cease use and destroy all copies of the Software.
7. Jurisdiction
This EULA shall be construed pursuant to the laws of the State of Florida. Any legal action shall be brought exclusively in courts located in Florida. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses, including attorneys’ fees.
8. Warranty Disclaimer
THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR MAKES NO WARRANTY THAT AI-GENERATED OUTPUTS WILL BE ERROR-FREE OR ACCURATE. LICENSEE ACCEPTS ALL RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE.
9. Limitation of Liability
LICENSOR SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, DATA, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
10. Miscellaneous
- A) Non-Transferable. This EULA is not assignable or transferable by Licensee.
- B) Severability. If any provision is found unenforceable, that provision shall be limited to the minimum extent necessary so the rest of the EULA remains in effect.
- C) Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee regarding the Software.