We have updated our Terms of Service, effective from November 3, 2021, to:
- Disclose the addition of an arbitration clause and class action/jury trial waiver; and
- Disclose that we may, without prior notice, change the Site or Personal.AI Services; stop providing the Personal.AI Services, Site or features of the Site, to you or to Users generally; or create usage limits for the Site or Personal.AI Services and permanently or temporarily terminate or suspend your access to the Personal.AI Services or Site without notice and liability for any reason; and
- Disclose the addition of terms for mobile applications.
If you have any questions about these changes, do not hesitate to contact us at firstname.lastname@example.org.
Prior versions of this Terms of Service are available here
November 3, 2021
Welcome to www.personal.ai
, a website of Human AI Labs Inc. (“Personal.ai”, “us” or “we”) that provides an online platform for (i) the creation and retention of your Memory Stack (a structured timeline of Memory Blocks , an architecture primarily driven by a neuroscientific understanding of human memory in technological form that are stored in a stack that is private to an individual and well secured both internally and externally created via the ingestion of data derived from speech and text) and (ii) the creation of your AI (a personal AI) utilized for the recall of your memory stack (collectively, the “Personal.ai Services” or “Personal AI”).
These Personal.ai Terms of Service (“Terms” or “Agreement”) outline the terms that govern your use of the Personal.ai Services. Please read these Terms carefully. They are a legally binding contract between you and Personal.ai. By accepting these Terms, using or accessing the Personal.ai Services or by registering for a Personal.ai account, you are agreeing to be bound by these Terms. If you do not agree with these Terms, do not accept these Terms or use the Personal.ai Services. To use the Personal.ai Services you must be, and represent and warrant that you are, at least 16 years of age and competent to agree to these Terms. If Personal.ai has previously prohibited you from accessing or using the Personal.ai Services, you are not permitted to access or use the Personal.ai Services.
If you are using the Personal.ai Services on behalf of an organization, you are agreeing to these Terms for that organization and represent and warrant to Personal.ai that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Personal.ai Services.
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Changes to these Terms
We reserve the right to modify these Terms. We will post the most current version of these Terms at personal.ai (the “Personal.ai Website”). If we make material changes to these Terms, we will notify you via the Personal.ai Services and/or by email to the address associated with your account. Your continued use of the Personal.ai Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
2. Your Personal.ai Account
Use of the Personal.ai Services requires you to first obtain an account by completing a registration form and designating a user ID and password. When registering with Personal.ai you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete. You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Personal.ai Services. Only you may use your Personal.ai account and you are responsible for your account. If you become aware of any unauthorized use of the Personal.ai Services or your account, or have any questions about your account please contact Personal.ai at email@example.com.
3. User Content
Your Memory Stack is a structured timeline of Memory Blocks created via the ingestion of your data. Such data consists of audio recordings, videos, images, messages, text, attachments, files, conversations, associated metadata, and other content submitted through or uploaded to the Personal.ai Service by you (collectively, your “User Content”). You own (and shall continue to own) any and all rights in and to any such User Content. We do not control, verify or endorse the User Content that you upload into the Personal.ai Services. You are responsible for: (a) all User Content you share and upload through the Personal.ai Services, (b) making sure that you have all the rights you need to the User Content, and (c) using the tools we provide to you in a manner that complies with all legal requirements that apply to you, regardless of whether you, upload or share this User Content. You agree the Personal.ai Services may provide the ability to record individual conversations and/or upload recorded conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location, and we encourage you to review such applicable laws to ensure your compliance with them. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any and all such recordings as required under applicable law. You are solely responsible for ensuring that the provision of User Data to the Personal.ai Services is in compliance with all applicable laws. You shall not process or submit to the Personal.ai Services any User Data that is “protected health information” (as defined under the Health Insurance Portability and Accountability Act), payment card information (subject to the Payment Card Industry Data Security Standard), or other health-related data.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Personal.ai Services only for your own internal use, and only in a manner that complies with all legal requirements that apply to you or your use of the Personal.ai Services, including the Personal.ai Privacy Notice and these Terms. Personal.ai may revoke this license at any time, in its sole discretion.
5. Personal.ai Proprietary Rights
All contents of the Personal.ai Website and Personal.ai Services including but not limited to logo, design, text, software, other files, and their selection and arrangement and Personal.ai Confidential Information belong to Personal.ai, and/or its suppliers or licensors. Personal.ai or its licensors own and reserve all right, title and interest in and to the Personal.ai Services and all software and other items used to provide the Personal.ai Services, other than the rights we expressly grant to you to use the Personal.ai Services and Personal.ai Confidential Information. No title to or ownership of any proprietary rights related to the Personal.ai Services or Personal.ai Confidential Information is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Personal.ai about the Personal.ai Services (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Personal.ai.
6. Acceptable Use
You must comply with the following rules regarding acceptable use of the Personal.ai Services and you agree you shall not:access or tamper with the Personal.ai Services, Personal.ai's computer systems, or the technical delivery systems of Personal.ai's providers;
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
access or search the Personal.ai Services by any means other than Personal.ai's publicly supported interfaces;
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources;
or interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Personal.ai Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Personal.ai Services.
Misuse of the Personal.ai Services.
You may not utilize the Personal.ai Services to carry out, promote or support:
any unlawful or fraudulent activities;
the publishing or posting of other people’s private or personal information without their express authorization and permission;
or the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer.
User Content Standards Within the Personal.ai Services.
You may not post any User Content on the Personal.ai Services that:
violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement), defamatory, libelous or threatening; contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Personal.ai's prior written consent;
contains viruses, bots, worms, or similar harmful materials;
or contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
In addition to any other remedies that may be available to us, Personal.ai reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Personal.ai Services, upon notice and without liability for Personal.ai should you fail to abide by the rules in this Section 6 or if, in Personal.ai's sole discretion, such action is necessary to prevent disruption of the Personal.ai Services for other users.
We may, without prior notice, change the Site or Personal.ai Services; stop providing the Personal.ai Services, Site or features of the Site, to you or to Users generally; or create usage limits for the Site or Personal.ai Services. We may permanently or temporarily terminate or suspend your access to the Personal.ai Services or Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
7. Privacy and Security
For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Notice
which is incorporated by reference into these Terms.
Personal.ai cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you select a paid Personal.ai Service, you must provide our third-party payment processors with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us and our third-party payment processors to charge your provided payment method for the Personal.ai Services you have selected. We may bill:
(a) in advance;
(b) at the time of purchase;
(c) shortly after purchase; or
(d) if you have elected a subscription service, on a recurring basis.
You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available. To the extent Personal.ai has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Personal.ai Services and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Personal.ai Services.
i. The primary Fee to use the Personal.ai Service shall be the Subscription Fee, which is payable in advance by you in accordance with the pricing plans described on the Personal.ai Website.
ii. Without provision of a valid credit card, Personal.ai reserves the right to refuse you access to the Personal.ai Services.
iii. Personal.ai reserves the right to introduce or change any Fees from time-to-time by giving you no less than 14 days’ written notice. Any new or changed Fees will apply to the next billing period after you have been given such notice.
iv. If you do not accept a change to any Fees, then you may terminate your Personal.ai Services account.
9. Subscription Period
If applicable, where the Personal.ai User obtains a subscription, the user agrees to the following terms:
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the applicable Personal.ai Service purchased): A monthly subscription plan (“Monthly Subscription Plan
”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel. An annual subscription plan (“Annual Subscription Plan
”). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel or downgrade the Personal.ai Services you have selected until the anniversary date. If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
10. Suspension and Termination of the Service
We reserve the right to suspend or terminate your access to the Personal.ai Service at any time if, in our sole discretion, you are in violation of these Terms. You understand that if your account is suspended or terminated, you may no longer have access to the User Content that is stored in the Personal.ai Services. Any termination of this Agreement shall not affect Personal.ai's rights to any payments due to it. Personal.ai may terminate a free account at any time. Upon termination, you may request access to your User Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use terms in Section 6. You must make such a request within 14 days following termination otherwise, any User Content you have stored with the Personal.ai Services may not be retrievable and we will have no obligation to maintain User Content stored in your account after this 14-day period.
11. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
THE PERSONAL.AI SERVICES, WHETHER PROVIDED BY PERSONAL.AI, ITS LICENSORS OR ITS VENDORS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PERSONAL.AI SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, PERSONAL.AI DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE PERSONAL.AI SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PERSONAL.AI SERVICES OR THE SERVER(S) THAT MAKE THE PERSONAL.AI SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PERSONAL.AI OR ITS LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE PERSONAL.AI SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PERSONAL.AI SERVICES, OR ANY LINK PROVIDED ON THE PERSONAL.AI SERVICES, WHETHER OR NOT PERSONAL.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PERSONAL.AI SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 11. Accordingly, some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold Personal.ai and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees and disbursements, made by any third party in connection with or arising out of your use of the Personal.ai Services, your connection to the Personal.ai Services, your violation of the Terms or Personal.ai's Privacy Notice, your violation of an applicable law, your submission, posting, or transmission of User Content to the Personal.ai Services, and/or your violation of any rights of another individual or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you agree to cooperate with us in asserting any available defenses.
14. Third Party Services
Personal.ai may make available to you optional third-party applications, services or products, for use in connection with the Personal.ai Services (“Third-Party Products
”). These Third-Party Products are not necessary for the use of the Personal.ai Services and your use (and any exchange of any information, license, payments etc., are between you and the third-party provider) is solely between you and the applicable third-party provider. Personal.ai makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
15. Copyright Complaints and Removal Policy
Personal.ai respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable User Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
16. Updates to the Personal.ai Services
We can make necessary deployments of changes, updates or enhancements to the Personal.ai Services at any time. We may also add or remove functionalities or features, or we may suspend or stop the Personal.ai Services altogether.
17. Export Restrictions
You acknowledge that the Personal.ai Services are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
You may not assign or otherwise transfer any of your rights under this Agreement without Personal.ai's prior written consent, and any attempted assignment without such consent will be null and of no effect. This Agreement constitutes the entire agreement between you and Personal.ai and supersedes any and all prior agreements, communications and understandings with respect to the subject matter of this Agreement.
By registering with Personal.ai or signing up for the Personal.ai Services, you understand that we may send you (including via email) information regarding the Personal.ai Services, such as:
(a) notices about your use of the Personal.ai Services, including notices of violations of use;
(b) updates to the Personal.ai Services and new features or products; and
(c) promotional information and materials regarding Personal.ai's products and services. You may unsubscribe from promotional messages you receive from us by following the instructions in such applicable message(s). Personal.ai reserves the right to transfer User Data to the U.S. and other countries for processing in connection with its provision of the Personal.ai Services. You expressly request, require and agree that this Agreement, the Privacy Notice and all other related documents be drawn up in the English language.
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver Governing Law.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Diego County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Diego County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Company. For any dispute with Company, you agree to first contact us at [firstname.lastname@example.org] and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims
”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Company agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
Class Action/Jury Trial Waiver.
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
20. Additional Terms for Mobile Applications
We may make available software to access the Service via a mobile device (“Mobile Applications
”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Company User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
Mobile Applications from Apple App Store.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software
”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple
”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, 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 as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Mobile Applications from Google Play Store.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software
”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google
”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.