Hivemind End User License Agreement

This End User License Agreement ("EULA") governs your access to and use of the Hivemind mobile application, including updates, features, artificial-intelligence features, user-generated content features, subscriptions, in-app purchases, and app-based services made available through the application (together, the "App").

The App is provided by:

Aether Technologies UG (haftungsbeschränkt)

Donaustraße 44

12043 Berlin

Germany

c/o CODE Education GmbH

Phone: +49 172 9789410

Email: support@gethivemind.app

In this EULA, "Aether", "we", "us", or "our" means Aether Technologies UG (haftungsbeschränkt). "You" means the person using the App.

This EULA is concluded between you and Aether only, and not with Apple. Aether, not Apple, is solely responsible for the App and its content, subject to this EULA and applicable law.

By downloading, installing, accessing, or using the App, you agree to this EULA. If you do not agree to this EULA, do not use the App and delete it from your device.

The App is licensed, not sold.

## 1. Relationship to other terms

This EULA governs your license to use the App and your use of App-based features, including AI-generated content, User Content, uploads, feed features, tutor or chat features, and community or sharing features.

Additional terms may also apply, including our Privacy Policy, any Terms of Use made available in the App or on the Hivemind website, Apple’s Media Services Terms and Conditions, and applicable third-party terms.

Our Privacy Policy is available at:

https://gethivemind.app/privacy

If there is a conflict between this EULA and other Hivemind terms, this EULA controls for the App license, Apple App Store minimum terms, device-based use of the App, AI-generated Outputs, User Content licenses, and ownership of the App. Separate Terms of Use, if provided, control account, subscription, cancellation, refund, website, and broader service matters to the extent they do not conflict with this EULA or mandatory law.

## 2. Age and minors

The App is not directed to children under 13.

You may use the App only if you are at least 13 years old and legally allowed to use the App in your country.

If you are under the age of majority in your country, your parent or legal guardian must review and agree to this EULA for you, and they are responsible for your use of the App.

If you are a parent or legal guardian and you allow a minor to use the App, this EULA applies to you, and you are responsible for the minor’s activity in the App.

Some features, including AI features, account features, upload features, sharing features, community features, subscriptions, or paid features, may be restricted or unavailable to users below certain ages where required by law, platform rules, App Store age ratings, third-party provider terms, safety requirements, or product settings.

By using the App, you confirm that you meet these requirements.

The App is intended for educational, informational, and entertainment use.

## 3. License to use the App

Subject to this EULA and Apple’s Media Services Terms and Conditions, Aether grants you a limited, non-exclusive, non-transferable, revocable license to use the App on Apple-branded products that you own or control, and as permitted by Apple’s usage rules.

Where permitted by Apple’s rules, the App may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing.

You may not:

- copy the App, except as permitted by this EULA, Apple’s usage rules, or applicable law;

- sell, rent, lease, lend, distribute, sublicense, or otherwise transfer the App;

- make the App available over a network where it could be used by multiple devices at the same time, except as permitted by Apple’s rules;

- reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of it, except to the extent this restriction is prohibited by applicable law;

- remove, obscure, or alter legal notices, copyright notices, trademarks, or proprietary notices in the App;

- use the App in a way that violates this EULA, Apple’s rules, third-party terms, or applicable law.

If the App includes open-source software components, those components may be governed by their own license terms. To the extent required by those open-source license terms, those terms control for the relevant component.

## 4. Ownership of the App and Aether Content

Aether and its licensors retain all rights, title, and interest in and to the App.

This includes all rights in the App’s software, source code, object code, architecture, design, user interface, features, workflows, learning structures, feed format, templates, prompts, system instructions, recommendation logic, model orchestration, branding, trademarks, logos, visual identity, curated content, documentation, and other materials provided by Aether ("Aether Content").

Except for the limited license expressly granted to you in this EULA, no rights in the App or Aether Content are transferred to you.

You may not use the names, trademarks, logos, branding, or visual identity of Hivemind, Aether, or any related product without our prior written permission.

## 5. User Content

"User Content" means content or information that you submit, upload, enter, import, link, rate, vote on, report, publish, share, or otherwise provide through the App.

User Content may include:

- prompts, questions, searches, topics, and instructions;

- chat messages and tutor interactions;

- uploaded files, PDFs, photos, screenshots, audio, video, or other materials;

- URLs, YouTube links, website links, research links, and other third-party references;

- ratings, votes, reactions, comments, reports, feedback, and support messages;

- profile information or other information you choose to provide.

You retain any rights you have in your User Content. Aether does not claim ownership of your User Content.

You are responsible for your User Content. You represent and warrant that:

- you have the rights, permissions, and legal basis needed to submit and use your User Content in the App;

- your User Content does not infringe intellectual-property rights, privacy rights, publicity rights, confidentiality duties, contractual duties, or other rights of any person or organization;

- your User Content does not violate applicable law, this EULA, third-party terms, or platform rules;

- if your User Content includes personal data about another person, you have a lawful basis to submit and process that data through the App;

- if you submit third-party content, including URLs, videos, PDFs, articles, images, audio, or documents, your use of that content through the App is lawful and permitted.

You should not submit confidential, highly sensitive, regulated, proprietary, or third-party restricted materials unless you have the right to do so and understand that the App will process them as described in this EULA and our Privacy Policy.

## 6. License you grant to Aether for User Content

You grant Aether a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, technically modify, analyze, and use your User Content as necessary to:

- provide, operate, maintain, and improve the App;

- generate, personalize, display, and store AI-generated Outputs;

- process uploads, links, documents, prompts, and chat interactions;

- provide search, feed, tutor, quiz, summary, recommendation, image, audio, video, and other App features;

- provide customer support and troubleshoot issues;

- maintain security, integrity, safety, and abuse prevention;

- moderate content and enforce this EULA;

- comply with law, legal process, regulatory obligations, platform rules, and lawful requests;

- analyze usage and improve App performance, reliability, quality, safety, and user experience, in each case as described in our Privacy Policy.

This license includes the right to share User Content with service providers, processors, infrastructure providers, AI or model providers, moderation providers, support providers, analytics providers, payment providers, and other technical partners where reasonably necessary to provide, secure, improve, moderate, or support the App, subject to our Privacy Policy and applicable law.

For private User Content, Aether does not permit third-party model providers to use it to train their general-purpose foundation models unless this is clearly disclosed in our Privacy Policy and permitted by applicable law and, where required, your consent. This does not prevent providers from processing User Content to deliver App features, enforce safety, prevent abuse, maintain security, or comply with law.

If you choose to publish or share User Content publicly in the App, or make it visible to other users, you also grant Aether a worldwide, non-exclusive, royalty-free license to host, reproduce, display, distribute, make available, moderate, remove, and promote that public User Content in connection with the App, including in feeds, previews, screenshots, app-store materials, and product-related communications.

For private User Content, the license continues for as long as reasonably necessary to provide the App, comply with law, resolve disputes, enforce this EULA, maintain security, handle backups, prevent abuse, and protect legitimate business interests.

For User Content that you choose to share publicly or make available to other users, the license continues for as long as the content remains available in the App or is reasonably needed for moderation, safety, legal, archival, or technical purposes.

Deleting your account or content may not remove copies that were already accessed, saved, shared, cached, exported, or retained by other users, except where applicable law requires otherwise.

## 7. Feedback

If you submit ideas, suggestions, bug reports, feature requests, or other feedback about the App ("Feedback"), you grant Aether a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works from, publish, distribute, and otherwise exploit the Feedback for any lawful purpose, without compensation to you.

This does not affect your privacy rights in personal data contained in Feedback.

## 8. AI-generated Outputs

The App uses artificial intelligence and machine-learning systems to generate or assist with content, including feeds, summaries, explanations, lessons, quizzes, flashcards, tutor responses, recommendations, images, audio, narration, videos, and other learning or entertainment content ("Outputs").

As between you and Aether:

- you retain your rights in your User Content;

- Aether retains its rights in the App and Aether Content;

- subject to this EULA, you may save, display, export, publish, and share Outputs generated for you through the App for personal, educational, and non-commercial purposes;

- you may not sell, license, monetize, use in paid products or services, use in advertising, use as client work, or otherwise commercially exploit Outputs unless a paid plan, product feature, separate agreement, or written permission from Aether expressly allows that use;

- to the extent Aether owns rights in a user-specific Output generated for you, Aether grants you a worldwide, non-exclusive, royalty-free license to use that Output as described in this section.

Your rights in Outputs are subject to:

- this EULA;

- applicable law;

- third-party rights;

- rights in Aether Content;

- rights and restrictions attached to any User Content or third-party content used to generate the Output;

- any additional restrictions displayed in the App, at the point of purchase, or in a paid plan.

Aether does not transfer ownership of the App, Aether Content, templates, prompts, workflows, learning structures, feed formats, system instructions, branding, recommendation logic, model orchestration, or platform technology through any Output.

Outputs may not be unique. The same or similar Outputs may be generated for other users. Aether may independently create, develop, use, publish, commercialize, or provide content, features, or Outputs that are similar or identical to Outputs generated for you.

Aether does not guarantee that any Output is protectable by copyright or other intellectual-property rights. Aether does not guarantee that an Output will not resemble content generated for others or content available from third parties.

Your rights in Outputs do not give you rights in third-party content, third-party intellectual property, or third-party personal data. If an Output is based on content you did not have the right to submit or use, you are responsible for that use.

You are responsible for how you use Outputs. Before publishing, distributing, relying on, submitting, or commercially using an Output, you must review it carefully and ensure that your use is lawful, accurate, appropriate, and does not infringe third-party rights.

You may not use Outputs, User Content, Aether Content, or App data to train, fine-tune, evaluate, benchmark, develop, or improve a competing AI model, AI system, content-generation system, or substantially similar service without Aether’s prior written permission.

## 9. AI transparency

The App is presented and marketed as an AI-generated content app.

You understand that the App uses AI systems and that content in the App, including feeds, explanations, chats, tutor responses, summaries, quizzes, images, audio, narration, videos, recommendations, and other materials, may be generated, modified, summarized, selected, ranked, personalized, or assisted by AI.

Where the App displays AI-related labels, notices, metadata, provenance signals, watermarking, machine-readable markings, or other transparency measures, you may not remove, obscure, alter, falsify, or misrepresent them.

If you publish, share, export, or distribute Outputs outside the App, you are responsible for making any disclosures required by applicable law, platform rules, academic rules, professional rules, or third-party terms. This includes disclosures for synthetic or AI-generated text, image, audio, or video content where required.

You may not present AI-generated content as human-created, professionally verified, or factually certain where doing so would be misleading, unlawful, or harmful.

## 10. AI accuracy and educational disclaimer

AI-generated content can be wrong.

Outputs may be inaccurate, incomplete, outdated, misleading, biased, offensive, inappropriate, or unsuitable for your specific situation. Outputs may misunderstand your prompt, omit important context, invent facts, cite unreliable information, or present uncertain information confidently.

The App is provided for educational, informational, and entertainment purposes only.

The App does not provide medical, legal, financial, psychological, tax, investment, insurance, immigration, safety-critical, or other professional advice. Outputs are not a substitute for a qualified professional, teacher, school, university, textbook, academic authority, doctor, lawyer, financial adviser, therapist, or other expert.

You are responsible for verifying important information before relying on it.

You must not rely on the App or any Output for decisions that could affect health, safety, legal rights, finances, education outcomes, employment, insurance, immigration, housing, credit, access to essential services, or other significant matters.

You must not use Outputs relating to a person to make decisions about that person that may have legal, financial, educational, employment, housing, insurance, medical, or similarly significant effects.

Aether does not guarantee that using the App will improve your grades, exam performance, learning outcomes, productivity, admissions prospects, career prospects, financial situation, or any other result.

## 11. Academic integrity

You must use the App responsibly.

You may not use the App to cheat, plagiarize, impersonate another person, violate school or university rules, bypass examination rules, submit AI-generated work as your own where prohibited, or misrepresent the source, authorship, or assistance involved in academic work.

You are responsible for understanding and following the rules of your school, university, employer, examination provider, publisher, platform, or other institution.

## 12. Acceptable use

You may not use the App, User Content, Outputs, Aether Content, or any related service to do or attempt to do any of the following:

- violate any law, regulation, court order, contract, platform rule, or third-party right;

- create, request, upload, share, promote, or distribute illegal content;

- create, request, upload, share, promote, or distribute content that is defamatory, harassing, hateful, discriminatory, threatening, violent, sexually explicit, exploitative, abusive, or otherwise objectionable;

- create, request, upload, share, promote, or distribute content involving child sexual abuse, sexual exploitation of minors, grooming, or any sexualized depiction of a minor;

- promote suicide, self-injury, eating disorders, or serious physical harm;

- threaten, harass, bully, stalk, intimidate, exploit, or harm another person;

- create or distribute malware, phishing materials, spam, scams, or deceptive content;

- impersonate another person or organization, misrepresent your affiliation, or deceive others about the origin of content;

- create or share synthetic audio, image, video, text, voice, avatar, or likeness content that impersonates or resembles a real person in a misleading, harmful, unlawful, non-consensual, or deceptive way;

- use another person’s name, image, likeness, voice, identity, biometric characteristics, or personal data without the rights or consent required by law;

- violate privacy, publicity, personality, confidentiality, trade-secret, copyright, trademark, database, or other rights;

- upload or process content that you do not have the right to use;

- circumvent paywalls, access controls, technical protection measures, or rights-management systems;

- scrape, crawl, harvest, extract, copy, or bulk-download data, content, Outputs, feeds, prompts, or user information from the App;

- use bots, scripts, automation, or non-human access methods except where Aether expressly permits them;

- reverse engineer, model extract, prompt extract, infer system prompts, bypass technical limits, or attempt to discover non-public features, prompts, system instructions, model behavior, source code, parameter weights, or security mechanisms;

- bypass, disable, overload, probe, interfere with, or circumvent safety systems, rate limits, access controls, authentication systems, subscription controls, moderation systems, or technical protections;

- use prompt injection, jailbreaks, adversarial prompts, or similar techniques to bypass safety rules, provider rules, or access non-public information;

- use the App, Outputs, User Content, Aether Content, or App data to train, fine-tune, evaluate, benchmark, or develop a competing AI model, AI system, content-generation system, or substantially similar service;

- sell, resell, sublicense, rent, lease, or commercially exploit access to the App except where Aether expressly permits it;

- use the App in a way that could damage, disable, overburden, impair, or compromise the App, Aether systems, Apple systems, third-party systems, or other users;

- use the App for high-risk, safety-critical, regulated, or legally significant decisions without appropriate human review and professional oversight;

- encourage, assist, or enable another person to do any of the above.

Aether may investigate suspected violations and may restrict, suspend, or terminate access where it reasonably believes that a violation occurred or may occur.

## 13. Objectionable content, reporting, blocking, and moderation

There is no tolerance for objectionable content or abusive users in the App.

Objectionable content includes content that is unlawful, defamatory, harassing, threatening, sexually explicit, hateful, discriminatory, violent, exploitative, abusive, harmful, or otherwise offensive.

Where the App allows user-generated content, social features, comments, sharing, profiles, feeds, or other user-visible content, Aether may use automated and manual systems to filter, review, restrict, remove, label, or moderate content.

The App provides mechanisms to report objectionable content and to block abusive users where user-to-user interaction or user-visible content is available.

You may also report concerns by contacting:

support@gethivemind.app

Aether reviews reports in a timely manner. Where Aether determines that content, conduct, or an account violates this EULA, applicable law, App Store requirements, community standards, safety rules, or third-party rights, Aether may take appropriate action. This may include removing content, restricting visibility, applying labels, warning users, blocking users, suspending accounts, terminating accounts, disabling features, preserving evidence, or reporting conduct to authorities where legally required or appropriate.

Aether is not required to host, display, preserve, or restore any User Content or Output. Aether may remove or restrict content at any time where it reasonably believes this is necessary to protect users, comply with law, enforce this EULA, comply with platform rules, protect third-party rights, or protect the App.

## 14. Rights complaints and takedown requests

If you believe that content in the App infringes your intellectual-property rights, privacy rights, publicity rights, or other legal rights, contact:

support@gethivemind.app

Your notice should include:

- your name and contact information;

- a description of the content or material at issue;

- the location of the content in the App, if available;

- a description of the rights you believe are being infringed;

- enough information for Aether to understand and investigate the issue;

- a statement that the information in your notice is accurate.

Aether may remove, restrict, disable, or preserve content while investigating a rights complaint. Aether may also request additional information before taking action.

Submitting a false, misleading, or abusive notice may result in restriction or termination of your access to the App and may expose you to legal liability.

## 15. Subscriptions, credits, and in-app purchases

Some App features may be free. Other features may require a paid subscription, consumable credits, or another in-app purchase.

Where purchases are made through Apple, they are processed by Apple and are subject to Apple’s payment, subscription, cancellation, refund, and App Store terms.

Before you purchase a subscription or in-app purchase, the App or Apple purchase screen will display the relevant price, billing period, included features, trial terms if any, renewal terms if any, and other purchase information required by Apple or applicable law.

Auto-renewable subscriptions renew automatically unless cancelled in accordance with Apple’s rules. You can manage or cancel Apple subscriptions through your Apple account settings.

Deleting the App or deleting your Hivemind account does not automatically cancel a subscription billed by Apple. If you have an active Apple subscription, you must cancel it through Apple unless Apple provides another cancellation method.

Refund requests for purchases made through Apple are handled by Apple, except where applicable law provides otherwise.

Credits, if offered, may be used only in the App and have no cash value. Credits are not transferable and are not redeemable for money except where required by law or Apple’s rules.

Aether may change free features, paid features, plans, limits, credits, pricing, or availability prospectively, subject to applicable law, Apple’s rules, and any purchase terms shown to you at the time of purchase.

Nothing in this EULA limits withdrawal, cancellation, refund, warranty, or consumer rights that cannot be excluded or limited under applicable law.

## 16. Account deletion and privacy requests

Deleting the App from your device does not necessarily delete your account or personal data.

Where the App allows account creation, the App will offer a way to initiate or request account deletion as required by Apple’s rules and applicable law.

Account deletion, data deletion, and privacy requests are handled as described in our Privacy Policy and in the App where applicable.

Some information may be retained where required or permitted by law, including for security, fraud prevention, accounting, tax, legal compliance, dispute resolution, enforcement, backup, or legitimate business purposes.

If your account includes User Content visible to others, deletion may not remove copies already accessed, saved, shared, exported, or retained by other users, except where applicable law requires otherwise.

For privacy questions or deletion requests, contact:

support@gethivemind.app

## 17. Third-party services, model providers, and content

The App may use or link to third-party services, including AI or model providers, infrastructure providers, hosting providers, analytics providers, payment providers, content sources, websites, media platforms, and other services.

You must comply with all applicable third-party terms when using the App. This includes Apple’s terms, wireless or data-service terms, third-party website terms, content-platform terms, AI-provider terms where applicable, and terms that apply to materials you submit or link through the App.

Aether is not responsible for third-party services, websites, platforms, content, models, outputs, policies, availability, or practices, except where applicable law provides otherwise.

If you submit a URL, YouTube link, document, file, image, audio, video, or other third-party material to the App, you are responsible for ensuring that your use of that material through the App is lawful and permitted.

The App may display, summarize, transform, or link to third-party content. Such use does not mean that Aether owns, endorses, verifies, or is affiliated with that third-party content.

Third-party services may change, suspend, limit, or terminate their services at any time. This may affect App features.

## 18. Privacy

Aether processes personal data as described in the Privacy Policy.

The Privacy Policy explains what data we collect, how we use it, how we share it, how long we retain it, how deletion requests work, and what rights you may have.

By using the App, you understand that User Content, Outputs, device data, usage data, account data, purchase data, diagnostics, and other information may be processed as described in the Privacy Policy.

If you do not want particular information processed by the App, do not submit it.

## 19. Changes to the App

Aether may update, modify, suspend, remove, replace, limit, or discontinue parts of the App from time to time.

This may happen for reasons including security, safety, legal compliance, platform compliance, third-party service changes, technical changes, product improvements, abuse prevention, maintenance, business changes, or user experience improvements.

Where a change materially affects a paid feature during an active paid period, Aether will act in accordance with applicable law, Apple’s rules, and the purchase terms shown to you.

The App may not be available at all times, in all languages, in all countries, or on all devices.

## 20. Updates

Aether may provide updates, bug fixes, patches, improvements, or new versions of the App.

Some updates may be required to continue using the App. If you do not install required updates, parts of the App may become unavailable, unstable, insecure, or incompatible.

This EULA applies to updates unless Aether provides different terms with the update.

## 21. Maintenance and support

Aether is solely responsible for providing maintenance and support for the App as described in this EULA or as required by applicable law.

Apple has no obligation to provide maintenance or support for the App.

For support, contact:

support@gethivemind.app

## 22. Warranty

To the maximum extent permitted by applicable law, the App and related services are provided "as is" and "as available".

Aether does not guarantee that the App will be uninterrupted, error-free, secure, accurate, complete, current, or suitable for your particular purpose.

Aether is solely responsible for any warranties, whether express or implied by law, to the extent they cannot be effectively disclaimed.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Aether’s responsibility, not Apple’s.

Nothing in this EULA limits mandatory consumer rights, statutory warranty rights, digital-content conformity rights, or other rights that cannot be excluded or limited under applicable law.

## 23. Product claims

Aether, not Apple, is responsible for addressing claims by you or any third party relating to the App or your possession or use of the App.

This includes:

- product-liability claims;

- claims that the App fails to conform to legal or regulatory requirements;

- consumer-protection claims;

- privacy or data-protection claims;

- claims relating to AI-generated content, User Content, or Outputs;

- claims relating to safety, moderation, or App functionality.

Nothing in this EULA limits Aether’s liability beyond what is permitted by applicable law.

## 24. Intellectual-property claims

If a third party claims that the App or your possession and use of the App infringes that third party’s intellectual-property rights, Aether, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.

If you believe content in the App infringes your rights, contact:

support@gethivemind.app

Your notice should include enough information for us to understand and investigate the issue.

## 25. Limitation of liability

Nothing in this EULA excludes or limits liability where liability cannot be excluded or limited under applicable law.

In particular, nothing in this EULA excludes or limits liability for:

- intent;

- gross negligence;

- injury to life, body, or health;

- fraud or fraudulent misrepresentation;

- guarantees expressly given by Aether;

- liability under mandatory product-liability law;

- mandatory consumer-protection rights;

- any other liability that cannot be excluded or limited under applicable law.

For users who are consumers, mandatory statutory rights remain unaffected.

For liability caused by simple negligence, Aether is liable only for breach of essential contractual obligations, and only for foreseeable, typical damages, to the extent permitted by applicable law. Essential contractual obligations are obligations whose fulfillment makes proper performance of this EULA possible and on whose fulfillment you may regularly rely.

To the extent permitted by applicable law, Aether is not liable for indirect, incidental, special, punitive, exemplary, or consequential damages; loss of profits; loss of business; loss of goodwill; loss of data; business interruption; or damages resulting from your failure to verify AI-generated content before relying on it.

The limitations above apply regardless of the legal theory, whether contract, tort, negligence, statutory liability, or otherwise, to the extent permitted by applicable law.

## 26. Indemnity for business users

If you use the App on behalf of a business, organization, or other legal entity, that entity agrees to indemnify and hold harmless Aether, its directors, officers, employees, contractors, and service providers from claims, losses, damages, liabilities, costs, and expenses arising from:

- your breach of this EULA;

- your User Content;

- your use of Outputs;

- your violation of law;

- your violation of third-party rights;

- your misuse of the App.

This section does not apply to consumers to the extent prohibited by applicable law.

## 27. Termination

This EULA remains effective until terminated by you or Aether.

You may terminate this EULA by deleting the App and ceasing all use of the App. If you have an account, you may also request account deletion as described in the Privacy Policy and in the App where applicable.

Deleting the App or terminating this EULA does not automatically cancel Apple-billed subscriptions.

Aether may suspend or terminate your access to the App, with or without notice, if:

- you breach this EULA;

- your use creates legal, security, operational, or safety risk;

- your User Content or conduct violates applicable law or third-party rights;

- Aether is required to do so by law, court order, regulator, Apple, or another platform provider;

- continued access would harm Aether, users, third parties, or the App;

- Aether discontinues the App or relevant features.

Upon termination, your license to use the App ends immediately. You must stop using the App and delete all copies in your possession, except where applicable law allows otherwise.

Sections that by their nature should survive termination will survive, including sections on ownership, User Content licenses, Feedback, AI-generated Outputs, AI transparency, disclaimers, acceptable use, moderation, privacy, warranty, liability, governing law, and Apple’s third-party beneficiary rights.

## 28. Export compliance and legal compliance

You may not use, export, re-export, import, or transfer the App except as authorized by applicable law, including United States export-control laws and the laws of the jurisdiction where you obtained the App.

You represent and warrant that:

- you are not located in a country or region subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country;

- you are not listed on any U.S. Government list of prohibited or restricted parties;

- you will not use the App for purposes prohibited by applicable law, including the development, design, manufacture, or production of nuclear, missile, chemical, biological, or other weapons.

You are responsible for complying with all laws that apply to your use of the App.

## 29. U.S. Government users

The App and related documentation are "Commercial Items", as that term is defined in 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202.

Consistent with those provisions, the App and documentation are licensed to U.S. Government end users only as Commercial Items and only with the rights granted to all other end users under this EULA.

Unpublished rights are reserved under the copyright laws of the United States and other applicable laws.

## 30. Apple as third-party beneficiary

Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA.

Upon your acceptance of this EULA, Apple has the right, and will be deemed to have accepted the right, to enforce this EULA against you as a third-party beneficiary.

Except for Apple and Apple’s subsidiaries as stated above, no other person or entity is a third-party beneficiary of this EULA unless expressly stated.

## 31. Third-party terms of agreement

When using the App, you must comply with applicable third-party terms of agreement.

This includes Apple’s terms, your wireless data-service agreement, internet-service terms, payment terms, third-party content-platform terms, AI-provider terms where applicable, and terms that apply to websites, media, files, or other materials you access or submit through the App.

## 32. Governing law and consumer rights

This EULA is governed by the laws of Germany, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer and you live in the European Union, the United Kingdom, Switzerland, Norway, Iceland, or another country with mandatory consumer-protection rules, this choice of law does not deprive you of protections that cannot be waived by contract under the law of your habitual residence.

Nothing in this EULA limits mandatory jurisdiction or forum rights available to consumers under applicable law.

If you use the App as a business, merchant, public-law entity, or special fund under public law, the courts of Berlin, Germany, have exclusive jurisdiction to the extent legally permitted.

## 33. Changes to this EULA

Aether may update this EULA from time to time to reflect changes in the App, legal requirements, platform requirements, security needs, business practices, third-party provider terms, or user experience.

If changes are material, Aether will provide notice where required by law, for example in the App or by other reasonable means.

The updated EULA will apply from the date stated in the updated version, unless mandatory law requires a different approach.

If you do not agree to the updated EULA, you must stop using the App.

Changes will not limit mandatory consumer rights.

## 34. Assignment

You may not assign or transfer this EULA or your rights under it without Aether’s prior written permission.

Aether may assign or transfer this EULA in connection with a merger, acquisition, restructuring, sale of assets, change of control, or by operation of law, provided that your mandatory consumer rights are not reduced.

## 35. Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions remain in effect.

Where a provision is invalid, illegal, or unenforceable, applicable statutory law applies.

## 36. No waiver

If Aether does not enforce a provision of this EULA, that does not mean Aether waives the right to enforce that provision later.

## 37. Language

This EULA is written in English.

If Aether provides a translation, the translation is for convenience unless applicable law requires otherwise.

If there is a conflict between the English version and a translation, the English version controls to the extent permitted by applicable law.

## 38. Contact

For questions, complaints, support requests, moderation reports, privacy requests, rights complaints, or legal notices relating to the App, contact:

Aether Technologies UG (haftungsbeschränkt)

Donaustraße 44

12043 Berlin

Germany

c/o CODE Education GmbH

Email: support@gethivemind.app

Phone: +49 172 9789410