Scentience End-User License Agreement (EULA)

Effective Date: 25 December 2024

This End-User License Agreement (“Agreement” or “EULA”) is a legally binding contract between you (“User” or “you”) and Scentience, Inc. (“Scentience,” “we,” “us,” or “our”), including its officers, directors, employees, developers, and other authorized representatives. This EULA governs your use of the Scentience mobile application (the “App”) and all related features, including (but not limited to) the pairing of Scentience devices via Bluetooth, the transmission of olfaction data, the use of the Scentience scent vision language model, and any other services, software, or content provided by Scentience (collectively, the “Services”). By downloading, installing, or using the App, you affirm that you have read, understood, and agree to be bound by this EULA.

If you do not agree with all of these terms, do not download, install, or use the App.

1.1 Limited License. Subject to your compliance with the terms and conditions of this EULA, Scentience grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and use the App solely on devices that are owned or controlled by you.
• Use the App only in connection with authorized Scentience products and within the Scentience ecosystem.

1.2 No Implied License. No licenses or rights are granted to you by implication or otherwise except for those licenses and rights expressly granted in this EULA.

2.1 Authorized Use Only. You may use the App solely for personal, non-commercial purposes in accordance with this EULA, and only with Scentience devices, services, or products that are officially compatible with the App.

2.2 Prohibited Activities. You agree not to:

• Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the App, except to the extent expressly permitted by law.
• Modify, adapt, translate, or create derivative works of the App.
• Use the App for any unlawful, harassing, abusive, fraudulent, or obscene purpose.
• Circumvent, disable, or otherwise interfere with security features of the App, or features that enforce limitations on use of the App.
• Sell, rent, lease, distribute, or otherwise transfer the App or any rights thereto.

3.1 Generative Model. The App includes access to a olfactionvision language model (“Model”), which uses the device’s camera, sensor data from Scentience devices, and a large language model to analyze real-time air quality, chemical sources, and generate content based on collected data. You acknowledge that this Model relies on advanced artificial intelligence techniques and may occasionally produce content (“AI Content”) that is imprecise, inaccurate, or may be perceived as “hallucinations.”

3.2 No Reliance. You understand that any AI Content provided by the Model:

• Is generated automatically and may contain factual or interpretive errors.
• Is provided strictly for informational or entertainment purposes.
• Should not be relied upon as professional, legal, medical, or safety advice.

3.3 No Liability for AI Content. Scentience assumes no liability or responsibility for the accuracy, completeness, or reliability of AI Content. You agree to use AI Content at your own risk.

4.1 Data Collection. The App may collect and transmit certain information from your mobile device and/or connected Scentience devices, including but not limited to olfaction data, geolocation data, camera feeds (for the scent vision language model), and other diagnostics necessary to provide and improve the Services.

4.2 Privacy Policy. Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into this EULA. Please read the Privacy Policy carefully to understand how we collect, use, and share your information.

All rights, title, and interest in and to the App and the Services, including any updates, modifications, enhancements, and AI Content generated, are owned by or licensed to Scentience. Nothing in this EULA transfers or assigns any such rights to you. You are granted only a limited license as described above.

6.1 “AS IS” and “AS AVAILABLE”. You expressly acknowledge and agree that the App and all related Services, including the Model, AI Content, and any other features, are provided on an “AS IS,” “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.

6.2 Disclaimer of Warranties. To the maximum extent permitted by law, Scentience expressly disclaims all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of results
• That the App, Services, or AI Content will be error-free, uninterrupted, or secure

7.1 Exclusion of Damages. To the maximum extent permitted by law, Scentience, its affiliates, suppliers, licensors, developers, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill.

7.2 Cap on Liability. In no event shall Scentience’s total liability arising out of or related to this EULA exceed the amount you paid to Scentience for the specific Services (if any) during the twelve (12) months preceding the event giving rise to the liability. If you have paid no fees to Scentience for use of the App, Scentience shall have no liability whatsoever.

7.3 Generative AI Disclaimers. You acknowledge that AI Content may be unpredictable, inaccurate, or offensive. Scentience, including its developers and employees, is not liable for any harm, loss, or damages caused by your reliance on or use of AI Content, including any decisions, actions, or omissions you take based on AI-generated results.

You agree to indemnify, defend, and hold harmless Scentience, its affiliates, officers, directors, developers, employees, agents, licensors, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

1. Your use or misuse of the App or Services.
2. Your violation of this EULA.
3. Your violation of any applicable law or any rights of a third party.

This indemnification covers all persons and entities included within Scentience’s corporate structure and working under its authority, including but not limited to the App’s creator(s) and developer(s), such as Kordel France.

9.1 Termination by Scentience. Scentience may, at its sole discretion, suspend or terminate your license to use the App and Services at any time, with or without notice, for any reason, including for non-compliance with this EULA.

9.2 Effect of Termination. Upon termination of this Agreement:

• All rights granted to you under this EULA will immediately cease.
• You must cease all use of the App and delete all copies of the App in your possession or control.

This EULA and your use of the App shall be governed by and construed in accordance with the laws of Texas, Delaware, and the United States of America, without regard to its conflicts of law principles.

Any dispute arising out of or in connection with this EULA shall first be attempted to be resolved by negotiation between the parties. If the dispute is not resolved by negotiation, it shall be settled by binding arbitration or in a court of competent jurisdiction, as agreed upon by the parties. Nothing herein shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

If any provision of this EULA is held to be invalid or unenforceable under applicable law, such provision shall be struck and the remaining provisions shall remain in full force and effect.

We reserve the right, at our sole discretion, to modify or replace this EULA at any time. If we make material changes to this EULA, we will notify you via the App or by other reasonable means. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised EULA.

This EULA, together with the Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and Scentience regarding your use of the App and supersedes all prior agreements or understandings (whether written or oral) relating to its subject matter.

If you have any questions about this EULA or the App, please contact us at:

Alchemy Technologies, LLC DBA Scentience Robotics, LLC.
Phone: 1.208.360.2296
Email: info@scentience.ai

BY CLICKING “ACCEPT” (OR SIMILAR LANGUAGE), DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.