Effective date: January 3, 2023
Welcome to Scatter Lab, Inc. (“Company,” “we,” “us” or “our”), a technology company specializing in products related deep learning artificial intelligence(AI) technology. These Terms of Use (these “Terms”) apply to all users and others(“Users”,“you”, as applicable) who download, install, register with, access or use ("Use", "Using") our mobile application Zetty (“Zetty” or “application”), website.
These Terms are a binding contract between you and us. By accepting these Terms through Using Zetty, you are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of Zetty. If you are Using Zetty on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’ or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
By Using Zetty, you agree to these Terms. If you do not agree to these Terms, do not Use Zetty. Your continued Use of Zetty will confirm your acceptance of these Terms.
BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS, OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THE TERMS.
SUMMARY OF THESE TERMS
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Zetty uses artificial intelligence (AI) algorithms to analyze your chat history.
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Your chat history that you submitted to us remains yours, and we claim no right in them. However, in order to analyze your chat history or share your analysis report via social networks, we need your legal permission (called "license") to use your chat history.
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When you use Zetty, you consent that we can use your data to teach our deep learning model.
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We do our best to moderate the settings of the analyezer. However, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at hello@zetty.app if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the analyzer better.
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We do our best to deliver the product you will enjoy, and we expect and appreciate you observing the rules of Zetty Use listed in Section 6 of these Terms.
If you have any questions about these Terms or Zetty, please contact us (for contact information, please, see How to Contact Us Section).
1. DESCRIPTION OF SERVICES
Zetty is an application that use algorithms to analyze your chat history and generate a report about it. The application allows you to upload your chat history via mobile messengers. Any data you submit through Zetty are governed by Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of Zetty or any particular features will be done on our sole discretion.
2. ELIGIBILITY
General age limitation. You must be at least 13 years of age to Use Zetty. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Zetty under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Zetty.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Zetty. You further agree to Use Zetty in compliance with all applicable laws and to provide only true and accurate information to us. Zetty is not available to any Users previously prohibited from Using it.
3. USER ACCOUNTS AND ACCOUNT SECURITY
Certain Zetty features or functionalities, that we may establish and maintain from time to time and in our sole discretion, may require you to register an account with us (“Account”). By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded Zetty (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using Third-Party Account to register your Account, you are allowing Zetty to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
4. PRIVACY
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use Zetty. Transfer and storage of information about you, whilst you Use Zetty, is governed by our Privacy Policy. You acknowledge and agree that your Use of Zetty is subject to our Privacy Policy.
5. USER CONTENT
Zetty may allow you to upload, analyze and share content, including chat history (“User Content”). We do not claim ownership over your User Content. However, in order to provide you with the services (e.g., to make our services accessible to you), we seek a legal permission from you to use your User Content. You give us such a permission by means of a Company License, as defined below.
Solely for the purposes of operating or improving Zetty and other AI services potentially provided in the future by Company, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy (the “Company License”). The Company License is for the limited purpose of operating Zetty and improving our existing and new products, including but not limited to training Zetty’s algorithm within the application or if otherwise implied by the Using of Zetty and services provided by Company, unless you have granted us your additional explicit consent for the different purpose where required by applicable law. The Company License terminates when you delete the User Content from Zetty’s library or by terminating your account.
By posting User Content publicly including, but not limited, to tagging Zetty or Company on social media (through direct mentioning or via a hashtag), you grant to the Company a worldwide, non-exclusive, royalty-free, sublicensable, revocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising Zetty and the Company’s services (“marketing license”). You may revoke this marketing license anytime by contacting us at hello@zetty.app.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content edited and adjusted by you on or through Zetty or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through Zetty and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective rightholder; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold Zetty harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 10 “Indemnification” of these Terms.
You acknowledge that Zetty can be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Zetty or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. We will not be liable to you for any modification, suspension or discontinuation of Zetty, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy.
6. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Zetty. You represent, warrant and agree that you will not Use Zetty by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
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To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
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For any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
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In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Zetty or that could damage, disable, overburden or impair the functioning of Zetty in any manner.
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To decipher, decompile, disassemble or reverse engineer any aspect of Zetty (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Zetty.
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To circumvent any content-filtering techniques we employ or to access any feature or area of Zetty that you are not authorized to access.
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To develop or to use any third-party applications that interact with Zetty without our prior written consent, including any scripts designed to scrape or extract data from Zetty.
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To display, mirror or frame Zetty, or any individual element within Zetty, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
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To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
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To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to Zetty.
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To copy, modify, host, stream, sublicense, or resell Zetty.
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For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
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To place an advertisement of any products or services in Zetty except with our prior written approval.
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To violate any applicable law or regulation.
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To encourage, assist or enable any other party to do any of the foregoing.
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:
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Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
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Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
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May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
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Contains any private or personal information of any person without such person’s consent.
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Sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users or the public.
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Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
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Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying Zetty, or that may expose us or others to any harm or liability of any type.
We have the right to monitor your Use of Zetty to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects Zetty. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
We reserve the right to, in our discretion and at any time suspend or discontinue Zetty, introduce new features or impose limitations on certain features, or restrict access to Zetty.
7. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Zetty and the text, graphics, images, photographs, videos, audio, music, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained therein (collectively, “Zetty Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to Zetty and the Zetty Content. Your use of the Zetty Content shall be always subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to Use Zetty and the Zetty Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to: (i) sell, resell or commercially use Zetty or the Zetty Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Zetty Content, except as expressly permitted by us or our licensors; (iii) modify the Zetty Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Zetty or the Zetty Content, except as expressly set forth in these Terms and the Supplemental Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Zetty or the Zetty Content other than as expressly provided in these Terms and the Supplemental Terms. Any Use of Zetty or the Zetty Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lensa Content.
8. COPYRIGHT INFRINGEMENT
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on Zetty have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Zetty by submitting a written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:
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Your physical or electronic signature as the copyright owner, or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
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Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Zetty, a representative list of such works.
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Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on Zetty (including the provision of links thereto).
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Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
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A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
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A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent to receive the DMCA Notices is:
Copyright Agent | Zetty Team |
Address: | #901, #902
KD Tower 125, Wangsimni-ro
Seongdong-gu, Seoul
Republic of Korea |
Telephone Number: | +82-2-2038-4550 |
E-Mail Address: | hello@zetty.app |
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within Zetty is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If we become aware that any of our Users have repeatedly infringed copyrights, we will take reasonable steps to disable access to Zetty for such Users.
9. FEEDBACK
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Zetty (collectively, “Feedback”). You can submit Feedback by using ”Send Feedback“ button in Zetty settings (or by contacting us at hello@zetty.app or otherwise, fo addtional contact details, please, see Section 20 of these Terms “How to Contact Us”) or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Notwithstanding the aforementioned, you have the right to amend and supplement your Feedback to us, which will be taken by us into account to provide accurate information to other users about Zetty’s user experience.
10. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of Zetty; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Zetty. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
11. DISCLAIMERS
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to Zetty. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of Zetty is at your sole risk. Zetty is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Zetty is accurate, complete, reliable, current or error-free. While we attempt to make your access to and Use of Zetty safe, we cannot and do not represent or warrant that Zetty is free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Zetty.
12. LIMITATION OF LIABILITY
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Zetty, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Zetty. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use Zetty exceed the amounts you have paid to Use Zetty or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13. RELEASE
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
14. GOVERNING LAW AND VENUE
These Terms and your Use of Zetty will be governed by, construed and enforced in accordance with the laws of Republic of Korea, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.
Any dispute between you and the Company will be resolved in Seoul Central District Court, Republic of Korea.
15. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using Zetty. Your continued Use of Zetty after we provide the notice will imply your acceptance of those changes.
16. ELECTRONIC COMMUNICATIONS
By Using Zetty, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on Zetty. The communications between you and us may take place via electronic means, whether you Use Zetty or send us emails, or whether we post notices on Zetty or communicate with you via email. These communications may include notices about Zetty and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the Use of Zetty (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of Lensa and their scope, prices of in-app subscriptions).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
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by following the opt-out links in any promotional email sent to you; or
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through Zetty settings on your mobile device; or
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by contacting us at any time at hello@zetty.app or using other contact details in “How to Contact Us” Section of these Terms.
You may opt-out of push notifications by changing the settings on your mobile device.
17. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to Use Zetty. We are not responsible for any loss or harm related to your inability to Use Zetty. Upon any termination, discontinuation or cancellation of Zetty, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
18. EXPORT AND ECONOMIC SANCTIONS CONTROL
The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Zetty under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
19. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you Use Zetty on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
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Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
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Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
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Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
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Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
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Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
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Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
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Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
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Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:
Scatter Lab, Inc.
#901, #902
KD Tower 125, Wangsimni-ro
Seongdong-gu, Seoul
Republic of Korea
hello@zetty.app
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Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
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Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
20. HOW TO CONTACT US
If you have any questions, complaints or claims with respect to these Terms or Zetty, please contact us via email at hello@zetty.app or our mailing address:
Scatter Lab, Inc.
#901, #902
KD Tower 125, Wangsimni-ro
Seongdong-gu, Seoul
Republic of Korea
21. MISCELLANEOUS
These Terms constitute the entire agreement between you and us relating to Zetty and your Use of Zetty, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Zetty and your Use of Zetty. The language of these Terms is the English language only. You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.