Licensed Application End User License Agreement
Last updated: February 27, 2026
1. Introduction
This Licensed Application End User License Agreement ("Agreement" or "EULA") is a Custom EULA between you and ellise ("Application Provider", "we", "us", or "our") and governs your use of the ellise mobile application and any related content, features, or services made available through it (collectively, the "Licensed Application"). This Agreement is intended to be consistent with, and no less protective than, Apple's Licensed Application End User License Agreement ("Apple Standard EULA") made available through the App Store.
By downloading, installing, accessing, or using the Licensed Application, you agree to be bound by this Agreement, the Apple Media Services Terms and Conditions, and any applicable App Store usage rules or similar terms (collectively, the "Usage Rules"). If you do not agree, do not download, install, access, or use the Licensed Application.
2. Scope of License
Subject to your compliance with this Agreement and the Usage Rules, the Application Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. This license is granted solely for your personal, non-commercial use, unless otherwise expressly permitted by us in writing.
The terms of this Agreement apply to any content, materials, or services accessible from or purchased within the Licensed Application, as well as to any updates, upgrades, or supplements provided by the Application Provider that replace or supplement the original Licensed Application, unless such update is accompanied by a separate custom agreement.
Except as expressly permitted in the Usage Rules, you may not distribute, make available, or otherwise provide the Licensed Application over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, resell, or sublicense the Licensed Application. If you sell or otherwise transfer ownership of any Apple device on which the Licensed Application is installed to a third party, you must first remove the Licensed Application from that device.
You may not copy (except as permitted by this license and the Usage Rules), reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except to the extent that any foregoing restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open-source components included with the Licensed Application. All rights in and to the Licensed Application not expressly granted to you under this Agreement are reserved by the Application Provider and its licensors.
3. Consent to Use of Data
You agree that the Application Provider may collect and use technical and related information, including but not limited to technical information about your device, system and application software, usage patterns, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, analytics, improvements, and other services to you (if any) related to the Licensed Application. The Application Provider may use this information, as long as it is in a form that does not personally identify you or as otherwise described in our Privacy Policy, to improve its products and services or to provide services or technologies to you.
4. Term and Termination
This Agreement is effective from the time you first download, install, access, or use the Licensed Application and shall remain in effect until terminated by you or by the Application Provider. Your rights under this Agreement will terminate automatically and without notice from us if you fail to comply with any of its terms. Upon termination of this Agreement, you must cease all use of the Licensed Application and delete all copies of the Licensed Application from your devices.
5. External Services
The Licensed Application may enable access to the Application Provider's services and/or third-party services, content, or websites (collectively and individually, "External Services"). You agree that your use of any External Services will be at your sole risk and that neither the Application Provider nor Apple is responsible for examining or evaluating the content, accuracy, availability, security, legality, or any other aspect of such External Services.
AI-powered External Services
The Licensed Application is AI-powered and uses artificial intelligence ("AI") to generate content, recommendations, and other outputs. These AI-powered External Services may involve the processing of content and data that you submit (for example, photos and text prompts) by third-party AI service providers (such as OpenAI, Google Gemini, and Groq) in order to operate. Any such processing is subject to our Privacy Policy, which explains what data may be sent, how it is used, and under what conditions it may be shared with third parties.
Because the core functionality of the Licensed Application depends on AI, you will not be able to use the Licensed Application unless you consent to this AI processing. You should not submit any content to AI-powered External Services that you do not have the right to share or that you do not wish to be processed in this way. To the extent required by applicable law, we will obtain your consent before sharing Personal Data with third-party AI service providers, and you may withdraw such consent as described in our Privacy Policy; if you withdraw consent, you may no longer be able to use some or all of the features of the Licensed Application.
Data or content displayed by any Licensed Application or External Service, including but not limited to financial, medical, fashion, or location information, is provided for general informational purposes only and is not guaranteed by the Application Provider, Apple, or their respective agents. You will not use the External Services in any manner that is inconsistent with this Agreement or that infringes any intellectual property or other proprietary rights of the Application Provider, Apple, or any third party.
You agree not to use the Licensed Application or any External Services to harass, abuse, stalk, threaten, defame, or otherwise harm any person or entity, and you acknowledge that the Application Provider and Apple are not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
The Application Provider reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE APPLICATION PROVIDER, APPLE, OR THEIR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER, APPLE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE APPLICATION PROVIDER OR APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE APPLICATION PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (U.S. $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Export and Sanctions
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country and are not on any such list. You also agree that you will not use the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
9. U.S. Government End Users
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement. Unpublished rights are reserved under the copyright laws of the United States.
10. Governing Law and Jurisdiction
Except to the extent expressly provided below, this Agreement and the relationship between you and the Application Provider shall be governed by the laws of the State of California, U.S.A., excluding its conflicts of law provisions. You and the Application Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California, to resolve any dispute or claim arising from this Agreement or your use of the Licensed Application.
If (a) you are not a United States citizen; (b) you do not reside in the United States; (c) you are not accessing the Service from the United States; and (d) you are a citizen of any European Union country or Switzerland, Norway, or Iceland, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law of your usual place of residence and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in that state, province, or country.
Specifically excluded from application to this Agreement is that body of law known as the United Nations Convention on the International Sale of Goods (CISG).
11. Contact
If you have any questions about this Agreement or the Licensed Application, you can contact us at admin@ellise.ai.