This End User License Agreement (“Agreement”) is an agreement between PLUME.D Inc., its subsidiaries and affiliates (“PLUME.D”) and any person who downloads, installs or uses the Application (“You”).

This Agreement governs Your use of the PLUME.D services , and all related software, documentation, updates and upgrades that replace or supplement the application and are not distributed with a separate license (together, the “Application”).

By downloading and installing the Application, You consent to be bound by this Agreement. In the event You can bypass installing the Application, then You shall be deemed to have accepted to be bound by this Agreement by copying, downloading, accessing or otherwise using the Application. Furthermore, You accept to be bound by this Agreement every time You enter or re-enter the Application.

BEFORE DOWNLOADING OR INSTALLING AVAKIT PLEASE CAREFULLY READ THE FOLLOWING AGREEMENT. AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HOLOTECH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST PLUME.D RESOLVED BY A JURY OR IN A COURT OF LAW.
You hereby affirm that You have reached the legal age of majority in Your country of residence, understand and accept the entirety of this Agreement, or, if You are under the legal age of majority in Your country of residence, then Your parent or legal guardian has consented to this Agreement, acting under the parental authority or power of guardianship legally vested in them by law.

1. License usage

PLUME.D will license the software to you only if you accept all of the terms contained in this License Agreement. Therefore, You should read this agreement carefully.
By downloading, copying and/or installing the software you accept all the terms in this License Agreement.

1.1 Personal License

As a natural person (as opposed to a company), You may use AVAKIT for any commercial purposes as long as you follow the terms of this agreement. You may do so without purchasing any paid version(which will be announced later) or additional plugins.
However, if You use AVAKIT commercially (superchats, monetized YouTube, etc.) and can afford it, please consider buying the paid version of AVAKIT to support the future development!
By using AVAKIT, You grant PLUME.D the right to publicly advertise the fact that You are using AVAKIT on any social media channels, for example by (but not limited to) retweeting Your social media posts.

1.2 Enterprise License

Enterprise Licenses which is basically subscription-based are required for enterprise including the company, firm, corporation, incorporated, and limited with a total income in the previous fiscal year above the equivalent of $200 000 US dollars or where PLUME.D arbitrarily determines that an ENTERPRISE LICENSE is required.

If You have paid the license fee for an ENTERPRISE LICENSE You can define an enterprise that becomes the license holder. PLUME.D grants that enterprise a non-exclusive and non-transferable license for the software. The company, represented by all members of the enterprise, can install and use the software. Even if the enterprise installs the app on multiple devices, only one ENTERPRISE LICENSE is needed. However, the app has to be purchased on the store for each device as a (personal) paid version.

For enterprise licensing details, please contact
contact@plumed.kr

IMPORTANT By purchasing an ENTERPRISE LICENSE, you grant PLUME.D the right to publicly advertise the fact that Your enterprise is using AVAKIT on any special media channels or other advertising and marketing channels. This includes the right to display Your enterprise logo on the PLUME.D website in the "Partners" section. If You do not wish to grant this right to PLUME.D, please state this point clearly before making a purchase as this will result in an increased license fee.

2. Patches and Updates
You acknowledge and agree that PLUME.D may maintain and provide patches, updates, and modifications to the software in order for You to continue to use the software, but does not have any maintenance or support obligations with respect to the Application. This Agreement shall apply to any such updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

PLUME.D may update the Application remotely, including, without limitation, the Application and related software residing on Your device(s), without Your knowledge or consent, and You hereby grant to PLUME.D Your consent to deploy and apply such patches, updates and modifications to the Application.

When using the Application, You may create and save custom content. If upgrades or patches are provided or deployed by PLUME.D, this content or its format may be reset when a particular build, patch or update completes the testing phase and is made available to You, and access to any previous version(s) of the Application and content therein stored may be ended upon the availability of such updates, upgrades and/or implementation of any additional features, without any prior notice to You from PLUME.D.

3. Interaction with Third Party Platforms and Services
The Application may allow You to interact with third-party websites, web browsers and web services (“Links”) such as platforms or websites for live-streaming. The Links are not under the control of PLUME.D and PLUME.D is not responsible for the content of any Links, including without limitation any link contained in a Link or any changes or updates to a Link. PLUME.D may provide Links only as a convenience and the inclusion of any Link does not imply endorsement by PLUME.D of the Link or any association with its operators. You are solely responsible for any consequences of accessing a Link as well as for viewing and abiding by the privacy statements and terms of use posted in connection with those Links.

4. Development Versions of the Application
You acknowledge that PLUME.D may put at Your disposal in-development versions of the Application (each, a “Beta”). You may use any Beta in accordance with the terms and conditions of this Agreement. Betas may not include all functionality and features accessible as part of the Application. PLUME.D has the right to terminate a Beta at any time for any reason. Your use of in-development versions of the Application is strictly voluntary and done solely for Your personal enjoyment. You may stop using in-development versions of the Application at any time that You wish.

5. Permitted Use for the Audio and Video Content created with the Software
By using Application, You can create and publish audio and video content, featuring one or several of the following:

Avatars, defined as three-dimensional graphical representations, icons, figures or animations, whether generic or user-personalized, depicting the user, the user’s alter ego or a character;

Backgrounds, defined as the images, animations or otherwise varied compositions displayed behind Avatars, whether generic or user-personalized;

Stickers, defined as two-dimensional or three-dimensional graphical representations, figures or animations, whether generic or user-personalized, used to personalize Avatars and/or Backgrounds. References to “Props” which may be made in this Agreement or other documents relating or applicable to the Application shall be considered references to Accessories;

Audio Assets, defined as sound samples either pre-recorded or generated on-the-fly by the application through capturing and processing microphone input

(Together, defined as "User-generated Content")

This audio and video content may be kept private or made public without restrictions. This includes but is not restricted to commercial usage in YouTube videos, live-streamings, TV commercials, broadcasts, or public events. (even booths)

When creating content by using community-created assets (Avatars, Backgrounds or Stickers), additional limitations on allowed content use or ownership may apply on a case by case basis, as dictated by their creators. You must verify the nature of these limitations and comply with them.

6. Community Made Content
From time to time, PLUME.D may publish software to allow You to create custom backgrounds, stickers, costumes for Avatars or other custom items that interoperate or are integrated with the Application (“Community Made Content”).

You may distribute Your Community Made Content to third parties only as permitted by PLUME.D and in strict accordance with the specifications that are part of the Community Tools.

You hereby acknowledge and agree that PLUME.D does not own the copyright to Your own Community Made Content. You hereby grant PLUME.D and its affiliates the non-exclusive, irrevocable right to use, modify, create derivative works from, distribute to PLUME.D’s development partners, broadcast, and otherwise communicate and publicly display Your Community Made Content, and derivative works of Your Community Made Content for development, promotion and marketing purposes. You represent and warrant to PLUME.D that You have sufficient rights in all Community Made Content to grant PLUME.D and other affected parties such licenses. This includes, without limitation, all intellectual property rights or other proprietary or personal rights affected by or included in the Community Made Content.

More rights, including but not limited to sale and/or distribution of Your Community Made Content to third parties, other than PLUME.D’s development partners, may be given to PLUME.D only if they are such stated in a specific licensing agreement signed between You and PLUME.D. PLUME.D may assign or sublicense any of the before mentioned rights to third parties in its sole discretion.

You hereby acknowledge that PLUME.D has no support, warranty, indemnification or other obligation or liability with respect to Your Community Made Content or its interaction or use with the Application.

7. Acknowledgement to obligation
The Application is copyrighted and You have only the rights granted to You by the licenses above. Unless it is not allowed by applicable law, YOU MAY NOT MODIFY, DECOMPILE, REVERSE ENGINEER OR RIP THE APPLICATION. You may not, under any circumstances:

• distribute or publish copies of the Application or resell, lease, rent, transfer, sublicense, or transfer rights to the Application at any other way;

• create derivative works based upon the Application and its components;

• create license files for the Application or attempt to modify the license file and/or or bypass the license verification procedure of the Application.

8. Branding
If you would like to use the logo of the Application and other branding in Your User-generated Content, You must not modify them. You may use them, but must do so only in a way that does not make it appear as if your prokect or stream is officially related to or partnered with the Application or PLUME.D.

9. Further terms and contacts
You may contact PLUME.D for any questions, complaints, suggestions or claims at the following address:
contact@plumed.kr