End User License Agreement (EULA)
This End User License Agreement (“Agreement”) is a legal agreement between you (“User,” “you,” or “your”) and SymbiaAI, Inc. (“Company,” “we,” “us,” or “our”) for the use of SymbiaAI’s services, software, and related documentation (collectively, the “Software”). By accessing, downloading, installing, or using the Software, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not access, download, install, or use the Software.
1. License Grant
Subject to the terms of this Agreement, Company grants you a non-exclusive, non-transferable, revocable license to access and use the Software for your personal or internal business purposes. You may install and use the Software on a compatible device that you own or control, and as permitted by the usage rules set forth in the App Store or Google Play Terms of Service.
2. Restrictions
You shall not: a. Copy, modify, or create derivative works based on the Software; b. Distribute, transfer, sublicense, lease, lend, or rent the Software to any third party; c. Reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law; d. Remove, alter, or obscure any proprietary notices, labels, or marks on the Software; e. Use the Software for any unlawful purpose or in violation of any applicable laws or regulations; f. Use the Software to infringe the rights of any third party, including intellectual property, privacy, or publicity rights.
3. Intellectual Property
The Software and all related content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, and software, are the property of Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership rights by using the Software.
4. Updates and Upgrades
Company may, at its sole discretion, provide updates, upgrades, or enhancements to the Software. These updates, upgrades, or enhancements may be subject to additional terms and conditions, which will be provided to you at the time of installation.
5. Term and Termination
This Agreement is effective upon your acceptance and will remain in effect until terminated. Company may terminate this Agreement at any time without notice if you breach any term of this Agreement. Upon termination, you must cease all use of the Software and delete all copies of the Software in your possession or control.
6. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY 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 USE OR INABILITY TO USE THE SOFTWARE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE BY ANY THIRD PARTY; (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SOFTWARE; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SOFTWARE EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO COMPANY FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (a) your use of the Software; (b) any violation of this Agreement; (c) any violation of applicable laws or regulations; and (d) any third-party claims arising out of or relating to your use of the Software.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in [Your County], [Your State], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
10. Miscellaneous
a. Entire Agreement: This Agreement constitutes the entire agreement between you and Company regarding the Software and supersedes all prior or contemporaneous understandings and agreements, whether written or oral. b. Amendments: Company may amend this Agreement at any time by posting the amended terms on its website or by providing notice to you. Your continued use of the Software after any such amendment constitutes your acceptance of the new terms. c. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. d. Waiver: The failure of Company to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. e. Assignment: You may not assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Company. Company may freely assign this Agreement.
11. Contact Information
If you have any questions about this Agreement, please contact us at: info@symbiaai.com