本协议仅提供英文版本。由于英文文本为具有法律约束力的版本，故不提供译文。
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 the AiPal Privacy Policy and any rules, policies and guidelines published on the aipalassist.com website (the “Site”), which this EULA incorporates by reference. Paid subscriptions are sold and billed by Apple or Google under their terms, renew automatically until cancelled in your store account, and are not cancelled by deleting the App or your account.
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 lets you voice and type personal matters, private thoughts, plans and life details. This content is stored in your AiPal account with our cloud infrastructure provider so it can sync across your devices, and it is processed by our AI provider only after you give permission in the App. How we collect, use, protect and delete this information is described in the Privacy Policy, which you can review at any time.
Although we take reasonable measures to protect your information, no service is completely secure and we cannot control the actions of third parties, such as someone with access to your unlocked device. To the extent permitted by law, AIPAL is not liable for unauthorised access that results from circumstances outside our reasonable control. Nothing in this EULA limits any rights you have under applicable data protection law.
6No Notice of Updates
AIPAL may modify this EULA from time to time. The latest version, with its revision date, 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.
10App Store and Google Play
10.1. Apple App Store
If you obtained the App from Apple’s App Store, the following also applies. This EULA is between you and AIPAL only, not Apple, and AIPAL, not Apple, is solely responsible for the App and its content. Your license is limited to using the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. AIPAL, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws, and for the investigation, defence, settlement and discharge of any claim that the App or your use of it infringes a third party’s intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of this EULA and, once you accept it, Apple has the right to enforce it against you as a third-party beneficiary.
10.2. Google Play
If you obtained the App from Google Play, your use of Google Play is also governed by the Google Play Terms of Service. Where this EULA conflicts with those terms as they apply to your purchase of the App, the Google Play terms prevail.
11Contact
Questions, complaints or claims about the App can be sent to AIPAL at info@aipalassist.com.