This End-User License Agreement (“EULA”) is a legal agreement between you and AiPal and its affiliates (“AIPAL”, “we”, or “us”). This EULA governs your use of the AIPAL application and any third-party app that may be distributed with it (collectively, the “App”). AIPAL agrees to license the App to you personally only if you accept every term in this EULA.
By installing, using, copying, or distributing the App, you agree to be bound by this EULA. If you do not agree with any of its terms, do not download, install, or use the App.
Your use of the App is also subject to your agreements with us concerning your use of the AIPAL.com website (the “Site”) and services provided through it. This EULA incorporates by reference the rules, policies, guidelines, and AIPAL Terms of Service published on the Site.
1Conditional License
1.1. License Grant
Subject to your compliance with this EULA, AIPAL grants you a non-exclusive, non-transferable right to use the executable-code version of the App solely for your personal use.
1.2. Restrictions on Use
You may not modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the App. You may not publish, redistribute, sublicense, sell, rent, lease, or otherwise transfer the App or associated materials or rights. You may not use the App in a way that could damage, disable, overburden, or impair the Site, or interfere with another party’s use of it. You agree to use the App lawfully and in compliance with applicable laws, including copyright and intellectual-property laws. You may not perform or release the results of testing of the App to a third party without AIPAL’s prior written consent, or remove, obscure, or alter proprietary notices.
1.3. Intellectual Property Rights
The App is licensed, not sold. All rights not expressly granted are reserved to AIPAL, its licensors, or third-party providers. You acknowledge that they own all right, title, and interest, including Intellectual Property Rights, in the App and information or materials provided through it. “Intellectual Property Rights” includes patent, copyright, mask-work, moral, publicity, trademark, trade-dress, service-mark, goodwill, trade-secret, and other proprietary rights, and all related applications, registrations, renewals, extensions, and restorations worldwide.
2Disclaimer of Warranties
2.1. “As Is”; No Warranty
THE APP IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, AIPAL, ITS LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX AND THE APP MAY CONTAIN ERRORS. THE ENTIRE RISK AS TO QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. AIPAL DOES NOT WARRANT THE APP’S SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE. YOU DOWNLOAD AND USE THE APP AT YOUR OWN DISCRETION AND RISK AND ARE RESPONSIBLE FOR DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM ITS USE.
2.2. Privacy Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, AIPAL DISCLAIMS LIABILITY FOR UNAUTHORISED ACCESS TO OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION OR PRIVATE COMMUNICATIONS BY THIRD PARTIES.
2.3. Jurisdictional Limitations
Some jurisdictions do not allow exclusion of implied warranties, so these exclusions may not apply to you. Where exclusion is not allowed, any implied warranty is limited to ninety (90) days from delivery of the App or the minimum period prescribed by law. You may have other rights that vary by jurisdiction.
2.4. Survival of Disclaimer
Sections 2 and 3 survive termination of this EULA. This does not create a continued right to use the App after termination.
3Limitation of Liability
3.1. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AIPAL, ITS LICENSORS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE, MISUSE, RELIANCE ON, PERFORMANCE, MISPERFORMANCE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP, WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF A LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
3.2. Damages Cap
EXCEPT AS LIMITED BY APPLICABLE LAW, AIPAL’S, ITS LICENSORS’, AND ITS THIRD-PARTY PROVIDERS’ TOTAL LIABILITY UNDER THIS EULA IS LIMITED TO DIRECT DAMAGES NOT EXCEEDING THE FEES PAID FOR THE LICENSED APP GIVING RISE TO THE CLAIM OR ONE US DOLLAR ($1.00), WHICHEVER IS LESS. THESE LIMITATIONS APPLY DESPITE FAILURE OF THE ESSENTIAL PURPOSE OF A LIMITED REMEDY AND CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR MONETARY DAMAGES.
4Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless AIPAL and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees, and agents from claims or demands made by a third party arising directly or indirectly from your conduct, use of the App or its features, alleged violation of this EULA, or alleged violation of law or regulation. AIPAL may, at its expense, assume exclusive defence and control of a matter otherwise subject to indemnification by you; doing so does not excuse your obligations.
5Privacy and Security
The App enables users to voice and type personal issues, private thoughts, life details, weaknesses, and attributes. This may be stored on the user’s device as text and used by the App to recall and adapt to the user’s lifestyle and needs. You agree that AIPAL is not liable for external access to this information.
To prevent transmission of confidential information to AIPAL, do not access such information while the App is active. Although reasonable measures are taken to prevent unauthorised access through the App, we cannot foresee or control third-party actions. Use could expose you to security breaches and loss of privacy or property. To the extent permitted by law, AIPAL is not liable for security breaches resulting from use of the App.
6No Notice of Updates
AIPAL may modify this EULA from time to time without notice. The latest version will be available on the Site. AIPAL may also update or modify the App at its discretion. Continuing to use the App after modifications are posted constitutes acceptance. If you do not agree with a modification, stop using the App.
7Export Controls
You are responsible for compliance with trade regulations and domestic and foreign laws. You acknowledge that the App or its underlying technology may not be downloaded, exported, or re-exported into a country subject to a United States embargo; to anyone on the US Treasury Department’s Specially Designated Nationals list or the US Commerce Department’s Denied Party or Entity List; or to any prohibited country, person, end user, or entity specified by US export laws.
8Term and Termination
8.1. Termination
This EULA takes effect when you install, use, copy, or distribute the App and continues until terminated by AIPAL or you. Unless otherwise agreed in writing, either party may terminate the contractual agreement at any time by notice. This EULA and your right to use the App terminate immediately and without notice from AIPAL if you fail to comply with any provision. On termination, immediately stop using and destroy the App and all copies or portions, including any master copy, and within ten (10) days certify in writing to AIPAL that all copies have been destroyed.
8.2. Survival of Termination
Sections 1.3, 2, 3, 4, 7, 8.2, and 9 survive termination. Termination does not limit AIPAL’s other rights under law.
9Miscellaneous Provisions
9.1. Severance; Waiver
If a court of competent jurisdiction finds a provision or portion unenforceable, it will be enforced to the maximum permissible extent and the remaining provisions remain in full force.
9.2. Audit
At AIPAL’s request, you will certify in writing your compliance with this EULA.
9.3. Assignment
You may not assign this EULA or sublicense, assign, transfer, or delegate a right or duty without AIPAL’s prior written consent. AIPAL may assign or transfer this EULA or granted rights without your prior consent. This EULA binds and benefits the parties’ successors and permitted assigns.
9.4. Entire Agreement
This EULA and the terms incorporated by reference are the entire agreement between the parties concerning its subject matter and supersede all prior or contemporaneous written or oral understandings or agreements on that subject.