End User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE ARCHITECTBUDDIES APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. AGREEMENT AND ACKNOWLEDGEMENT

This End User License Agreement (“Agreement”) is a legal agreement between you (“End User” or “You”) and Hytsioaboa Software Ltd., a company registered in England and Wales, trading as HytsioStudio (“Licensor”), for the use of the ArchitectBuddies application (“Licensed Application”).

You acknowledge and agree that:

• This Agreement is concluded between You and the Licensor only, and not with Apple Inc. (“Apple”). The Licensor, not Apple, is solely responsible for the Licensed Application and the content thereof.

• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

• Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against You as a third-party beneficiary thereof.

2. SCOPE OF LICENSE

Subject to Your compliance with this Agreement, the Licensor grants You a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Licensed Application on any Apple-branded device that You own or control, solely for Your personal or internal business purposes.

The Licensed Application may be accessed by other accounts associated with the purchaser via Family Sharing or volume purchasing programs, subject to the applicable terms.

You may NOT:

• Distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time

• Transfer, redistribute, or sublicense the Licensed Application

• Copy the Licensed Application except as permitted by this license and the Usage Rules

• Reverse-engineer, disassemble, or attempt to derive the source code of the Licensed Application

• Modify or create derivative works of the Licensed Application, except as permitted by applicable law or open-source component licenses

3. EXTERNAL SERVICES

The Licensed Application may enable access to the Licensor’s and/or third-party services and websites (collectively, “External Services”), including cloud AI APIs, Ollama servers, and other network services.

You agree to use External Services at Your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such content.

External Services may not be available in all regions. The Licensor reserves the right to change, suspend, remove, or disable any External Services at any time without notice or liability.

4. ARTIFICIAL INTELLIGENCE SERVICES

The Licensed Application incorporates artificial intelligence (“AI”) capabilities through multiple service providers and processing methods. By using these features, You agree to the following terms:

4.1 Cloud-Based AI Services

The Application may utilise cloud-based AI services from third-party providers including:

• OpenAI API Services: Including GPT models and image generation services (DALL-E, gpt-image-1). Use of these services is subject to OpenAI’s Terms of Use and Usage Policies.

• Google Gemini API Services: Use is subject to the Google APIs Terms of Service and Gemini API Additional Terms of Service.

• Anthropic Claude API Services: Use is subject to Anthropic’s Terms of Service and Acceptable Use Policy.

• xAI Grok API Services (provided by SpaceXAI LLC): Including Grok models and image generation services (Grok Imagine). Use of these services is subject to SpaceXAI's Terms of Service – Enterprise and Acceptable Use Policy.

• AI/ML API Services: An aggregator providing access to AI models from multiple third-party developers. Use is subject to AI/ML API's Terms of Service and Privacy Policy and, where applicable, the terms of the developer of the selected model.

You acknowledge that: (i) data sent to cloud AI services may be processed on servers located outside Your country of residence; (ii) these services may use Your input data in accordance with their respective privacy policies and terms of service, which You should review independently.

4.2 Local Area Network (LAN) AI Services

The Application supports connection to Large Language Models (“LLMs”) running on Your local network, including Ollama servers. You acknowledge that:

• You are solely responsible for configuring, securing, and maintaining any local LLM servers

• The Licensor has no control over locally-hosted models and is not responsible for their output, performance, or availability

• You must comply with all applicable licenses for any third-party LLM models You deploy locally

• Network security for LAN-accessible AI services is Your responsibility

4.3 On-Device AI Processing

The Application includes on-device AI inference capabilities powered by llama.cpp and compatible model formats. On-device processing is NOT an External Service; it occurs entirely on Your device and no data is transmitted to external servers for this processing.

• Performance depends on Your device’s hardware capabilities, available memory, and processing power

• Models downloaded for on-device use may be subject to third-party licenses (including Meta’s Llama Community License Agreement) which You must independently review and accept

• The Licensor does not warrant the accuracy, reliability, or fitness of any on-device AI model outputs

4.4 AI-Generated Content Disclaimer

IMPORTANT: All AI-generated content (including text, architecture diagrams, element suggestions, and images) is provided “AS IS” for informational and assistive purposes only. AI-generated content is not professional advice and may be incomplete, inaccurate, or unsuitable for Your specific needs. You assume all risk associated with reliance on AI-generated content.

5. SERVICE AVAILABILITY AND MODIFICATIONS

THE LICENSOR DOES NOT GUARANTEE the continued availability, functionality, compatibility, or performance of any third-party services. Third-party providers may change, limit, or discontinue their services at any time without notice to the Licensor.

You acknowledge and agree that features relying on third-party services may become unavailable or modified at any time, and the Licensor is not liable for any loss caused by such changes. The Licensor is not obligated to replace discontinued third-party services.

Remedies for Materially Affected Subscriptions: If changes to third-party services cause a substantial reduction in the functionality available to You under an active subscription that cannot reasonably be remedied within 90 days, the Licensor may, at its discretion, offer a pro-rata refund for the remaining subscription period.

The Licensor reserves the right to add, modify, or remove features from the Licensed Application, change or discontinue support for specific AI models or APIs, modify system requirements, and discontinue the Application entirely with reasonable notice.

6. THIRD-PARTY INTELLECTUAL PROPERTY AND STANDARDS

6.1 ArchiMate® Notation

The Licensed Application implements the ArchiMate® enterprise architecture modeling language. ArchiMate is a registered trademark of The Open Group in the United States and other countries. The Licensor operates under a valid Commercial License from The Open Group.

• Your use of ArchiMate® notation through this Application is permitted solely in connection with your licensed use of the Application

• The ArchiMate® trademark and specification remain the intellectual property of The Open Group

• For commercial use of the ArchiMate® specification outside of this Application, You may need to obtain Your own license from The Open Group

6.2 UML® and SysML® Notation

The Application implements the OMG Unified Modelling Language (UML®) and Systems Modeling Language (OMG SysML™) from OMG. UML® and OMG SysML® are registered trademarks of Object Management Group, Inc. (OMG®). The UML®v2.5.1 and OMG SysML®v2 specifications are published by OMG® under the terms of OMG’s specification licence, which permits royalty-free implementation of the specification.

• Your use of SysML notation through this Application is permitted as part of Your licensed use of the Application

• The SysML® trademark and the OMG SysML v2 specification remain the intellectual property of Object Management Group, Inc.

• References to SysML in this Application constitute nominative use of the trademark to describe the modelling notation supported; they do not imply endorsement, certification, or sponsorship by Object Management Group, Inc.

• For commercial use of the SysML specification outside of this Application, You are responsible for complying with the terms of the OMG specification licence, available at www.omg.org

6.3 Open Source Components

The Licensed Application incorporates open-source software components, including llama.cpp (MIT License). A complete list of open-source components and their respective licenses is available at www.ArchitectBuddies.com.

7. SUBSCRIPTIONS AND PAYMENTS

All purchases and subscriptions are processed through Apple’s App Store. The Licensor does not directly collect or process payment information.

SUBSCRIPTIONS AUTOMATICALLY RENEW. Your subscription will automatically renew at the end of each subscription period unless You cancel at least 24 hours before the end of the current period. You may manage or cancel Your subscription at any time through Your Apple ID account settings:

• On iPhone/iPad: Settings › [Your Name] › Subscriptions › ArchitectBuddies › Cancel Subscription

• On Mac: App Store › Account › Subscriptions › ArchitectBuddies › Cancel Subscription

Subscription fees do NOT include costs for third-party AI services. If You use cloud-based AI features with Your own API keys, You are solely responsible for any costs charged by those providers.

Refunds are handled by Apple in accordance with Apple’s refund policies. To request a refund, visit reportaproblem.apple.com. The Licensor has no control over Apple’s refund decisions.

8. DATA COLLECTION AND USE

8.1 Technical Data Collection. The Licensor may collect technical data and related information about Your device, system, and application software to facilitate the provision of product updates, support, and other services.

8.2 User Content. Your architecture models, diagrams, and associated data (“User Content”) remain Your property. When You use cloud-based AI services, portions of Your User Content may be transmitted to and processed by third-party providers in accordance with their respective privacy policies.

8.3 Privacy Policy. Our collection and use of personal information is further described in our Privacy Policy, available at www.ArchitectBuddies.com/privacy. By using the Licensed Application, You agree to the collection and use of information in accordance with that policy.

9. THIRD-PARTY TERMS OF AGREEMENT

You must comply with applicable third-party terms of agreement when using the Licensed Application, including:

• Your wireless data service agreement when using network features

• OpenAI Terms of Use and Usage Policies when using OpenAI-powered features

• Google APIs Terms of Service and Gemini API Additional Terms when using Google AI features

• Anthropic Terms of Service and Acceptable Use Policy when using Claude API features

• SpaceXAI Terms of Service – Enterprise and Acceptable Use Policy when using xAI Grok API features

• AI/ML API Terms of Service and, where applicable, the terms of the developer of the selected model when using AI/ML API features

• Meta’s Llama Community License Agreement, and the licence of any other model You run locally or on-device

• Apple Media Services Terms and Conditions

You are solely responsible for Your compliance with these third-party terms.

10. MAINTENANCE AND SUPPORT

The Licensor is solely responsible for providing maintenance and support services for the Licensed Application. Apple has no obligation to furnish any such services. For support, contact: support@architectbuddies.com

11. WARRANTY

11.1 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

11.2 Apple’s Limited Warranty Obligation. In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application. Apple has no other warranty obligation whatsoever.

11.3 AI Services Disclaimer. THE LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT, AND THE CONTINUED AVAILABILITY OF ANY THIRD-PARTY AI SERVICE.

12. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION.

IN NO EVENT SHALL THE LICENSOR’S TOTAL LIABILITY EXCEED THE GREATER OF: (I) FIFTY POUNDS STERLING (£50 GBP); OR (II) THE AMOUNT YOU PAID FOR THE APPLICATION IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

13. PRODUCT CLAIMS

The Licensor, not Apple, is responsible for addressing any claims relating to the Licensed Application, including product liability claims, failure to conform to applicable legal or regulatory requirements, and claims under consumer protection, privacy, or similar legislation.

14. INTELLECTUAL PROPERTY RIGHTS

In the event of any third-party claim that the Licensed Application or Your possession and use of it infringes that third party’s intellectual property rights, the Licensor (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of such claim.

15. LEGAL COMPLIANCE AND EXPORT RESTRICTIONS

You represent and warrant that You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.

16. TERMINATION

This Agreement is effective until terminated by You or the Licensor. Your rights under this Agreement will terminate automatically if You fail to comply with any of its terms. Upon termination, You must cease all use of the Licensed Application and destroy all copies.

17. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of England and Wales, without regard to conflict of law provisions. You and the Licensor agree to submit to the exclusive jurisdiction of the courts of England and Wales.

If You are a consumer habitually resident in the EU, EEA, Switzerland, or the UK, You shall also benefit from any mandatory provisions of the law of Your country of residence.

18. CONTACT INFORMATION

Hytsioaboa Software Ltd.\nTrading as HytsioStudio\n1 Pastoral Road\nThornbury, BS35 1BG\nUnited Kingdom\n\nEmail: support@architectbuddies.com\nWebsite: www.ArchitectBuddies.com

19. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and the Licensor with respect to the Licensed Application and supersedes all prior or contemporaneous understandings regarding such subject matter.

BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.