Odyssey Espresso App License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("User") and Odyssey Espresso ("Company") for the use of the Odyssey Espresso App (the "Software") designed to interface with the Argos espresso machine (the "Device"), collectively referred to as the "Licensed System."

By downloading, installing, or using the Software, you agree to the terms of this Agreement.

1. License Grant

The Company grants you a non-exclusive, non-sublicensable, revocable license to install and use the Odyssey Espresso App solely in conjunction with a licensed and authenticated Argos espresso machine. This license is electronically delivered and confers no right to physical media.

2. License Scope

  • The Software is licensed, not sold, and may only be used to operate or enhance the functionality of your paired espresso machine.
  • Certain features of the Software are accessible only when paired with a verified hardware device.

3. Transferability

This license is conditionally transferable:

  • Only if transferred with ownership of the associated espresso machine.
  • Provided that the original user retains no access to the functionality in the Software that is associated with the espresso machine.
  • And the new user accepts and agrees to this License Agreement.

4. Digital Delivery & Customs Status

The Software is delivered electronically and is classified as an intangible digital license. It has no physical form or medium, and is not subject to customs duties or harmonized tariff classifications.

5. Ownership

All rights, title, and interest in the Odyssey Espresso App remain with the Company. The User receives a limited right to use the Software under this License; no ownership is transferred.

6. Updates and Connectivity

The Software may receive updates periodically. Full functionality may require a Bluetooth or Wi-Fi connection with a registered espresso machine. Offline access may be limited.

7. Termination

This License terminates automatically if:

  • You breach any provision of this Agreement.
  • The Software is used independently of a licensed espresso machine.
  • You attempt to sublicense or commercially redistribute the Software.

8. Governing Law

This Agreement is governed by the laws of the United States, excluding its conflict of law rules. Any disputes arising shall be resolved in the courts of the United States.

9. Limitation of Liability

To the maximum extent permitted by law, Odyssey Espresso and its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • (a) your access to or use of, or inability to access or use, the Odyssey Espresso App;
  • (b) any conduct or content of any third party on the App or connected services;
  • (c) any unauthorized access, use, or alteration of your transmissions or data;
  • (d) the use of the App in a manner not in accordance with this Agreement.

In no event shall Odyssey Espresso’s total liability exceed the amount paid by you (if any) for the license to use the Odyssey Espresso App.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in full.

10. Arbitration and Class Action Waiver

10.1 Agreement to Arbitrate:
You and Odyssey Espresso agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Odyssey Espresso App, or their use shall be resolved exclusively through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

10.2 Arbitration Procedure:
Arbitration shall be conducted confidentially by a single arbitrator under the rules of the [American Arbitration Association (AAA) / Canadian Arbitration Association (CAA) / Arbitration Institute of the Stockholm Chamber of Commerce (for EU)] or another mutually agreed arbitration provider. The arbitration shall take place in [Your Jurisdiction], unless otherwise agreed.

10.3 Class Action Waiver:
Both you and the Company waive any right to participate in a class action lawsuit or class-wide arbitration. Any arbitration or litigation shall be conducted on an individual basis only.

10.4 Exceptions:
This arbitration provision does not prevent you from filing a complaint with a government agency or participating in a government enforcement action.

 

By installing or using the Odyssey Espresso App, you confirm that you have read, understood, and agreed to be bound by this License Agreement.