EDGIN End User License Agreement
This End User License Agreement ("Agreement") governs your use of the EDGIN application ("Licensed Application"). This Agreement incorporates the protections required under Apple's App Store Licensed Application End User License Agreement to the extent required by Apple's App Store Review Guidelines. In the event of any conflict between this Agreement and Apple's standard terms, this Agreement governs the relationship between you and ZenGeneration LLC.
You and ZenGeneration LLC acknowledge that this Agreement is concluded between you and ZenGeneration LLC only, and not with Apple, Inc. ("Apple"). ZenGeneration LLC, not Apple, is solely responsible for the Licensed Application and the content thereof.
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement ("Standard EULA"), or a custom end user license agreement between you and the Application Provider ("Custom EULA"), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the "Licensed Application." The Application Provider or Apple as applicable ("Licensor") reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof, except as permitted by this license, the Usage Rules, applicable law, or applicable open-source license terms.
You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
For the EDGIN application, you acknowledge and agree that uploaded videos, images, analysis inputs, and related technical data may be processed by automated systems, including artificial intelligence, machine learning, and computer vision technologies, for the purpose of generating movement analysis, performance metrics, coaching-style feedback, visualizations, tutorial recommendations, and related application functionality. Such processing is further governed by ZenGeneration LLC's Privacy Policy.
This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
In addition to the foregoing, ZenGeneration LLC may immediately suspend or terminate your access to the Licensed Application, without prior notice or liability, for any of the following reasons: misuse or abuse of the Licensed Application or its features; fraudulent activity; violation of any provision of this Agreement; uploading content that infringes third-party rights or violates applicable law; conduct that creates legal, safety, or reputational risk to ZenGeneration LLC or other users; or any other conduct that ZenGeneration LLC reasonably determines to be harmful or inappropriate. Upon termination, your right to use the Licensed Application ceases immediately.
You agree not to use the Licensed Application for any of the following purposes:
Violation of any prohibited use may result in immediate termination of your access to the Licensed Application.
The Licensed Application may enable access to Licensor's and/or third-party services and websites, collectively and individually, "External Services." You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and Licensor is 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. Licensor 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.
The Licensed Application may recommend or provide access to third-party educational content, including tutorial videos or external learning resources. Such content is provided for general informational and educational purposes only. Licensor does not create, control, verify, endorse, or guarantee the accuracy, completeness, availability, or suitability of any third-party content unless explicitly stated.
For Licensed Applications provided by ZenGeneration LLC that include AI-powered analysis features:
You expressly acknowledge and agree that the Licensed Application uses artificial intelligence, machine learning, computer vision, and automated systems to analyze user-submitted videos and generate outputs, including but not limited to movement analysis, performance metrics, visualizations, coaching-style feedback, tutorial recommendations, and educational insights ("AI Outputs").
AI Outputs are automatically generated and may be inaccurate, incomplete, inconsistent, delayed, misleading, or unsuitable for your specific circumstances. Licensor makes no representation or warranty regarding the accuracy, reliability, completeness, usefulness, or correctness of any AI Output.
The Licensed Application is provided for informational and educational purposes only and is not a substitute for professional ski instruction, certified coaching, supervision, medical advice, rehabilitation guidance, injury prevention advice, or personal judgment.
Skiing, snowboarding, and related snow sports are inherently dangerous activities involving risk of falls, collisions, serious injury, permanent disability, or death.
The Licensed Application is not a safety monitoring system, emergency warning service, or decision-making authority.
You remain solely responsible for:
Never rely solely on the Licensed Application or any AI Output when making safety-related, technical, or training decisions.
Analysis quality depends on factors outside Licensor's control, including but not limited to video angle, framing, visibility, lighting, terrain, subject positioning, motion blur, recording quality, device performance, and processing limitations. As a result, analysis may fail, be delayed, unavailable, incomplete, or inaccurate.
Licensor does not guarantee skiing improvement, coaching effectiveness, athletic progress, race outcomes, technical improvement, or reduced injury risk. Individual results may vary.
BY DOWNLOADING, INSTALLING, OR USING THE LICENSED APPLICATION, YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND ACCEPT THE FOLLOWING:
If you do not agree to assume these risks, do not use the Licensed Application.
The Licensed Application is intended for users who are 13 years of age or older. By using the Licensed Application, you represent and warrant that you are at least 13 years of age.
If you are under 18 years of age (or the age of majority in your jurisdiction), you may only use the Licensed Application with the consent, supervision, and involvement of a parent or legal guardian. By permitting a minor to use the Licensed Application, the parent or legal guardian agrees to these Terms of Use on behalf of the minor and assumes full responsibility for the minor's use of the Licensed Application, including any skiing or snow sports activities undertaken in connection with such use.
Licensor does not knowingly collect personal information from children under 13. If Licensor becomes aware that a child under 13 has provided personal information without verifiable parental consent, Licensor will take steps to delete such information.
The EDGIN application and all related software, trademarks, algorithms, visualizations, AI models, coaching-style feedback systems, and content are owned by ZenGeneration LLC and protected by applicable intellectual property laws, including copyright, trademark, trade secret, and patent laws. Nothing in this Agreement transfers any ownership interest in the Licensed Application or its underlying technology to you. All rights not expressly granted herein are reserved by ZenGeneration LLC.
You retain full ownership of any videos, images, or other content you upload or submit through the Licensed Application ("User Content"). By uploading User Content, you grant ZenGeneration LLC a worldwide, non-exclusive, royalty-free license to host, store, process, analyze, reproduce, and display such User Content solely to provide, operate, and improve the Licensed Application and its features. This license terminates when you delete the User Content or your account, subject to ZenGeneration LLC's data retention practices described below and in the Privacy Policy.
You represent and warrant that you own or have the necessary rights to upload your User Content and that doing so does not violate any third-party rights or applicable law.
Uploaded content and associated analysis data may be stored temporarily or until deleted by you, subject to ZenGeneration LLC's Privacy Policy and applicable data retention practices. You may request deletion of your User Content at any time through the Licensed Application or by contacting ZenGeneration LLC. ZenGeneration LLC will make reasonable efforts to delete or anonymize such content within a reasonable timeframe, except where retention is required by law or legitimate business necessity.
The Licensed Application does not provide medical advice, diagnosis, or treatment. No content, AI Output, analysis, feedback, recommendation, or other information provided by the Licensed Application should be construed as medical advice or used as a substitute for professional medical consultation, diagnosis, or treatment. Always seek the guidance of a qualified healthcare provider before beginning or modifying any physical training program, particularly if you have any pre-existing injury, medical condition, or physical limitation. Never disregard professional medical advice or delay seeking it because of information you have received through the Licensed Application.
ZenGeneration LLC is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this Agreement or as required under applicable law. You and ZenGeneration LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
You and ZenGeneration LLC acknowledge that ZenGeneration LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You and ZenGeneration LLC acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, ZenGeneration LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if you use the Licensed Application while connected to a wireless data network, you must not be in violation of your wireless data service agreement.
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 LICENSOR 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 NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE 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 EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, Licensor specifically disclaims any warranty that AI-generated analysis, recommendations, coaching-style feedback, metrics, visualizations, tutorial recommendations, or educational outputs will be accurate, complete, reliable, safe, suitable, or fit for any particular purpose.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be ZenGeneration LLC's sole responsibility.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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, WHETHER CONTRACT, TORT, OR OTHERWISE, AND EVEN IF LICENSOR 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 Licensor'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 ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Without limiting the foregoing, Licensor shall not be liable for any injury, accident, death, loss, damage, or claim arising from or related to reliance on AI-generated outputs, training decisions, coaching interpretations, skiing or snow sports activities, or inaccurate, incomplete, delayed, or unavailable analysis generated by the Licensed Application.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
This indemnification obligation will survive the termination of these Terms of Use and your use of the Licensed Application.
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 into any U.S.-embargoed countries or 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 or on any such list. You also agree that you will not use these products 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.
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 only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
This Agreement and the relationship between you and Licensor shall be governed by the laws of the State of Wyoming, excluding its conflicts of law provisions, except to the extent that applicable mandatory consumer protection laws of your jurisdiction of residence require otherwise.
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.
Questions, complaints, or claims with respect to the Licensed Application should be directed to:
ZenGeneration LLC
State of Wyoming, United States
Email: support@edginapp.com
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Resolution. Before initiating any formal dispute resolution, you agree to first contact Licensor and attempt to resolve any dispute informally for at least 30 days.
Binding Arbitration. Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the Licensed Application (including AI Outputs, skiing activities, or use of results) that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in the State of Wyoming (or your jurisdiction, as applicable). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Exceptions. Either party may seek emergency injunctive relief from a court of competent jurisdiction to prevent irreparable harm. This arbitration agreement does not apply to claims by public prosecutors acting under governmental authority.
If the class action waiver is found unenforceable as to a particular claim, then that claim shall be litigated in court and severed from any arbitrable claims.
Applicability. To the extent that binding arbitration or the class action waiver set forth in this section is prohibited or unenforceable under applicable law (including the laws of EU member states), that provision shall not apply, and any dispute shall be resolved by courts of competent jurisdiction in accordance with Section i (Governing Law).
You and ZenGeneration LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.