Terms of Use and End User License Agreement
I. INTRODUCTION
This Terms of Use and End User License Agreement (collectively, the "Agreement"), along with all referenced documents, constitutes a binding legal agreement between you, as an individual ("you," "your," or "user"), and App ("we," "us," or "our"), governing your access to and use of the App software application for mobile devices (the "App"). The App's title may differ in regions outside the United States and is subject to change without prior notice. All related documents are expressly incorporated into this Agreement by reference.
Please review this Agreement thoroughly before downloading, installing, or using the App. By proceeding with any of these actions, you confirm that you have read, understood, and agreed to the terms of this Agreement, which become effective upon your download, installation, or use of the App. Your continued use of the App constitutes your acceptance of and compliance with this Agreement.
If you do not agree with this Agreement, or even with any specific provision of it, you are prohibited from accessing, downloading, installing, or using the App. In such a case, you must immediately cease all such activities and promptly delete the App from any device in your possession or control.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to amend or modify this Agreement at any time and for any reason. Any updates to this Agreement will be reflected by revising its contents, and you acknowledge and agree that you waive any right to receive individual notifications regarding such changes.
It is your responsibility to review this Agreement periodically to remain informed of any modifications. By continuing to use the App after the revised Agreement has been posted, you will be deemed to have read, understood, and accepted the changes. Your continued use constitutes binding acceptance of the updated terms.
III. RESTRICTIONS ON WHO CAN USE THE APP
To download, install, access, or use the App, you must meet the following requirements:
You must be at least eighteen (18) years of age. Users under the age of eighteen (18)
but above the minimum age of thirteen (13) in their jurisdiction may use the App only with the permission
and under the direct supervision of a parent or legal guardian. If you are between the ages of thirteen (13)
and seventeen (17), you must:
(i) Confirm that your parent or legal guardian has read and agreed to this
Agreement prior to your use of the App, and
(ii) Ensure that you have the legal capacity to enter into a
binding contract under applicable laws.
Parents and guardians are required to directly supervise any use of the App by minors.
Persons under the age of thirteen (13) are strictly prohibited from downloading, installing, accessing, or using the App.
By accessing or using the App, you affirm that you meet one of the following criteria:
Furthermore, you confirm that you possess the legal capacity to enter into this Agreement and to fully comply with its terms, conditions, obligations, affirmations, representations, and warranties.
IV. GENERAL TERMS
The App is a utility program designed to enhance your device experience by generating dynamic videos and audio content based on the text inputs you provide. The App is intended solely for personal, non-commercial use. You are permitted to use the App exclusively for the purposes described herein and for no other purpose.
V. PRIVACY POLICY
Your privacy is of utmost importance to us. To ensure transparency, we have developed a Privacy Policy that explains how we process, use, and store information, including personal data. Access to the App and use of its Services are governed by the Privacy Policy. By accessing the App or continuing to use the Services, you acknowledge and accept the Privacy Policy, including the methods by which we process your information and the legal bases for such processing as outlined therein.
We reserve the right to modify the Privacy Policy at any time. If you do not agree with any part of the Privacy Policy, you must cease using the App and its Services immediately. We strongly encourage you to review the Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT
By using the App, you agree to respect our intellectual property rights, which include, but are not limited to, the App's source code, UI/UX design, content, copyrights, and trademarks (collectively, the "Intellectual Property Rights"), as well as those owned by third parties. Subject to your continued compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the App (the "License").
The App's source code, design, and content—comprising information, photographs, illustrations, artwork, graphics, audio, music, and videos (collectively, the "Works")—along with names, logos, and trademarks (the "Means of Individualization") are protected by copyright laws, applicable international treaties, and other relevant legislation. These materials belong to us, our partners, or contracted third parties, as applicable. The Works and Means of Individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or otherwise used, in whole or in part, without express prior permission from us or the relevant rights holders.
All rights, title, and interest in the App, its content, Works, Means of Individualization, and functionalities:
We reserve all rights not expressly granted in this Agreement and will take appropriate legal action to protect our trademarks, names, and symbols from unauthorized use. Any misuse or infringement will be pursued to enforce and restore our rights.
Please note that any mention of third-party products or company names may refer to the trademarks of their respective owners.
VII. PROHIBITED BEHAVIOUR
By using the App, you agree not to engage in any of the following prohibited activities:
Additionally, you agree not to:
You acknowledge and accept that we are not responsible for how you use the App. Any misuse or violation of this Agreement may result in legal action, and we reserve the right to pursue all remedies available under applicable laws.
All disputes arising from the use of the App will be governed by the laws of the United States of America and resolved exclusively in the competent courts of New York, United States of America.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
To use the App, you must have a compatible mobile phone or tablet with internet access. The App is available for download and installation on handheld devices running the Apple iOS operating system. We do not guarantee that the App will be compatible with all hardware or software configurations you may use.
We make no representations or warranties that access to the App will be uninterrupted, timely, or error-free. You acknowledge that the App is delivered via the internet and mobile networks, and its quality and availability may be influenced by factors beyond our reasonable control.
The App may be updated periodically to introduce new features or services. We reserve the right to modify or update the App and its content without prior notice. If necessary, we may suspend access to the App or discontinue it entirely without obligation to provide notice.
You warrant that any information you submit to us is true, accurate, and complete and agree to keep it current at all times.
You may discontinue using the App at any time by managing your preferences in your iTunes Account Settings. If you no longer wish to use the App, you should uninstall it from your device.
IX. CHARGES
The App is provided free of charge, offering access to its basic features upon download. However, some services and/or additional features within the App are available through paid subscriptions. A full list of Premium options and pricing is provided on the App’s page. Some users may have the opportunity to try Premium features during a free trial period.
After the free trial period ends, a paid, auto-renewing subscription will begin. You will be automatically charged unless you cancel your subscription at least 24 hours before the end of the free trial. If you cancel your subscription, you will retain access to the App's basic features, but Premium features will no longer be available. Premium options are accessible throughout the free trial period.
Subscription options vary, and prices are listed in U.S. dollars but may differ in regions outside the United States. You will be provided with all relevant information regarding your subscription plan and the duration of the free trial before purchase. Any unused portion of a free trial, if applicable, will be forfeited when a paid subscription is purchased.
We reserve the right to modify, terminate, or adjust our subscription plans at any time. Your subscription will be automatically renewed within 24 hours before the end of the current period unless you turn off the auto-renew feature in your AppStore Account Settings at least 24 hours prior to the subscription's expiration. Payment will be charged to your AppStore Account upon confirmation of the purchase.
Please note that cancellations cannot be made during the active subscription period. Subscriptions are managed by you, and deleting the App from your device does not deactivate your subscription.
Certain services within the App may be offered as In-App Purchases. You may incur charges from your mobile service provider for downloading and/or accessing the App on your mobile device, including possible data roaming charges if accessed outside your home territory. These charges are your responsibility. If someone else is paying for your mobile phone or tablet service, you confirm that you have obtained their permission to incur these charges.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may contain links to third-party websites or mobile applications in order to provide certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which the App links, unless we are the provider of those linked sites or applications. These linked websites and mobile applications are offered "as is" solely for your convenience, with no warranties, either express or implied, regarding the information they provide.
You acknowledge that you are solely responsible for and assume all risks associated with your use of any third-party websites or resources. Any queries, concerns, or complaints regarding third-party websites or mobile applications—such as issues related to products, orders, faulty items, or refunds—should be directed to the operator of the respective third-party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
You agree that your use of the App and its services is at your own risk. The services and all materials, information, software, and content integrated into the App are provided "as is" and "as available." We make no warranties of any kind, either express or implied, regarding the merchantability, technical compatibility, or fitness for a particular purpose of any service, product, or material provided under this Agreement.
We do not guarantee that the functions contained within the App or services will be uninterrupted or error-free, that defects will be corrected, or that the services or servers hosting the App are free of viruses or other harmful components.
While we do not provide any guarantees regarding the proper functionality of the App, if you believe the App has not met your expectations, you may contact Apple, who may offer a refund of the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no further warranty obligations with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses resulting from a failure to meet any warranty will not be our responsibility.
XII. LIMITATION OF LIABILITY
In no event shall we be liable for any damages of any kind, whether direct or indirect, arising out of or in any way related to the App or the services provided by the App. We shall not be liable under any circumstances for special, consequential, incidental, exemplary, or punitive damages, or loss of profits or revenues, even if we have been advised of the possibility of such damages.
We shall not be liable for damages arising out of or in any way related to products, services, and/or information offered or provided by third parties and accessed through the App or by other means. You acknowledge that we are not liable for costs or damages arising from private or governmental legal actions related to your use of the App and its services in any country.
Apple is not responsible for addressing any claims related to the App or your
possession and/or use of the App, including, but not limited to:
(i) product liability claims;
(ii)
any claim that the App fails to comply with applicable legal or regulatory requirements;
(iii) claims
arising under consumer protection, privacy, or similar legislation.
XIII. LEGAL COMPLIANCE
You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present Terms of Use and EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use and EULA as a third party beneficiary thereof.
XV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the
State of New York. We make no representations that the App is appropriate or available for use in other
locations. Those who access or use the App from other jurisdictions do so at their own risk and are
responsible for ensuring compliance with local laws. If you choose to access or use the App from or in
locations outside the United States, you are responsible for:
a) ensuring that your actions in that
country are legal; and
b) complying with all applicable laws, regulations, bylaws, codes of practice,
licenses, registrations, permits, and authorizations.
Any claims will be exclusively adjudicated by the courts of competent jurisdiction in New York, New York, and applicable Federal law shall govern, without regard to principles of choice of law.
If you wish to seek any relief from us, you agree to waive your right to pursue a class action. If any dispute, claim, or allegation (including non-contractual claims) arises from or relates to the App, the Services, or this Agreement, both you and we agree to send written notice to each other, providing a reasonable description of the dispute along with a proposed resolution. The notice should be sent to the most recent contact information.
For sixty (60) days from the date of receipt of such notice, both parties will engage in a dialogue to attempt to resolve the dispute. However, nothing in this process will require either party to resolve the dispute on terms that either party, in its sole discretion, finds uncomfortable.
XVI. TERMINATION
We reserve the right to terminate this Agreement at any time, at our sole discretion, for any reason. Upon termination:
(a) the rights and licenses granted to you under this Agreement shall immediately cease;
(b) you must discontinue all use of the App.
XVII. SEVERABILITY
If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be modified to the extent necessary to make it legal, valid, and enforceable, or if this is not possible, it shall be deleted. The remaining provisions of this Agreement shall continue in full force and effect.
You shall not assign, transfer, or attempt to assign or transfer this Agreement to any other person.
XVIII. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you have any questions about this Agreement or the App, or wish to submit a support request, please contact us at [email protected]