End-User License Agreement
This End-User License Agreement ("Agreement") is a binding contract between you, either an individual or the entity you represent ("Licensee", "you"), and three.ws ("Licensor", "we", "us", "our"), governing your download, installation, and use of the three.ws application (including the version distributed through the Solana Mobile dApp Store for Seeker and Saga devices) and the associated website, APIs, and related services (collectively, the "Software"). By downloading, installing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
1. License Grant
Subject to your compliance with this Agreement, Licensor grants you a free, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Software on devices you own or control, solely for your personal, non-commercial use, in accordance with the documentation. No fee is charged for the Software itself; certain on-chain actions taken through the Software (minting, trading, or paying for services) may incur network fees or payments as described in Section 6.
2. Restrictions
You shall not, and shall not permit any third party to:
- Copy, modify, or create derivative works of the Software except as expressly permitted by an applicable open-source license.
- Reverse-engineer, decompile, or disassemble the Software, or attempt to derive its source code, except to the extent such restriction is prohibited by law.
- Rent, lease, sell, sublicense, distribute, or otherwise commercially exploit the Software.
- Remove or obscure any proprietary notices, or use the Software to build a competing product or service.
- Use the Software to transmit malware, conduct unlawful activity, infringe third-party rights, or circumvent usage limits or access controls.
- Use automated means to scrape, index, or harvest data from the Software without prior written permission.
3. Intellectual Property
The Software, including all associated intellectual property rights, is and remains the exclusive property of Licensor and its licensors. This Agreement grants you a license only and conveys no ownership interest. Open-source components are licensed under their respective licenses, which control to the extent of any conflict for those components.
4. Camera & Device Permissions
The Software may request camera access to capture selfies used to generate a 3D avatar. Captured images are uploaded to Licensor's servers solely to produce your avatar and are handled as described in the Privacy Policy. You may decline camera access; doing so limits selfie-based avatar creation but does not prevent other use of the Software.
5. Customer Content
You retain ownership of 3D models, data, and other content you upload or generate through the Software ("Your Content"). You grant Licensor a worldwide, royalty-free, non-exclusive license to host, process, transmit, and display Your Content solely to provide and operate the Software. You represent and warrant that you hold all rights necessary to grant this license and that Your Content does not infringe any third-party rights.
6. Blockchain & On-Chain Transactions
The Software enables interaction with public blockchains, self-custodied wallets, digital assets, and the x402 payment protocol. You acknowledge and agree that:
- On-chain transactions are irreversible and final. Licensor cannot reverse, cancel, refund, or recover any blockchain transaction, transfer, or payment.
- You are solely responsible for the security of your wallet keys, seed phrases, and credentials. Licensor never holds your private keys and cannot recover them if lost.
- You are solely responsible for all gas fees, network fees, and on-chain costs, and for compliance with all laws applicable to digital assets in your jurisdiction.
- Digital assets are volatile and may lose value. Licensor does not provide financial, investment, legal, or tax advice and is not responsible for any loss arising from token price movements, network congestion, forks, exploits, or third-party smart contracts.
- Blockchain networks and third-party RPC, payment, and data providers are outside Licensor's control; Licensor is not liable for their availability, accuracy, or performance.
7. Third-Party Services
The Software may integrate with or depend on third-party services and networks (including blockchain RPC providers, payment protocols, and AI model providers). Your use of such services is subject to their respective terms, and Licensor is not responsible for third-party services.
8. Confidentiality
Each party shall protect the other's non-public information disclosed in connection with the Software with at least the same degree of care it uses for its own confidential information, and shall use it only as necessary to perform under this Agreement.
9. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR DIGITAL ASSETS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE. BECAUSE THE SOFTWARE IS PROVIDED FREE OF CHARGE, LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from any claims, liabilities, damages, judgments, and expenses (including reasonable attorneys' fees) arising from your use of the Software, Your Content, your on-chain activity, or your violation of this Agreement.
12. Term & Termination
This Agreement remains in effect for as long as you use the Software. It terminates automatically upon your uninstalling the Software, or upon your breach of this Agreement. Licensor may also suspend or terminate your access for violation of this Agreement or applicable law. Upon termination, your license ends and you must cease using the Software. Sections that by their nature should survive (including 2, 3, 6, 9, 10, 11, and 14) survive termination.
13. Compliance & Export
You shall comply with all applicable laws, including export-control and economic-sanctions laws. You represent that you are not located in, or a national of, any embargoed jurisdiction and are not on any restricted-party list.
14. Governing Law
This Agreement is governed by the laws of the State of Delaware, USA, without regard to its conflict-of-law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.
15. Entire Agreement
This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between the parties regarding the Software and supersedes all prior agreements. If any provision is held unenforceable, the remaining provisions remain in full force.
16. Contact
Questions about this Agreement? Email legal@three.ws. Product support: support@three.ws.
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