AugmentAI

AUGMENTAI PRODUCTS TERMS OF USE

AugmentAI LLC (“AugmentAI”, “augmentai.com”) Products Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE PRODUCT.

By clicking the “accept” or “ok” button, installing and/or using AugmentAI’s web applications, mobile software
applications, the AugmentAI plugins or when calling the a AugmentAI API (collectively, the “Software”
or the “Applicable Product“) you expressly acknowledge and agree that you are entering into a legal
agreement with AugmentAI LLC. You have understood and agree to comply with, and be legally bound by, the terms and
conditions herein (“Agreement“). You hereby waive any applicable rights to require an original
(non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under
applicable law.

Background. Using the Software, based on text and/or audio and/or photos/optics submitted by you
(“Input“) or provided by AugmentAI, you will be able to, as applicable: (i) get a generated
output (“Output“); and/or (ii) create animations and/or videos (collectively,
“Animations“) to guide the speech of the target still photo, all using templates of movement
provided by us(“Templates“). The above uses of the Software are subject to the credits granted
according to your Plan (as defined below) (“Credits”).
Ability to Accept. By installing and/or using the Software you affirm that you are over eighteen
(18) years of age. If you are not over eighteen (18) years of age, do not install and/or use our Software.
Software Right of Use. Subject to the terms and conditions of this Agreement, we hereby grant you
a limited, personal, revocable, non-exclusive, non-assignable, non-transferable right of use (“Right of
Use”) to, as applicable to the Applicable Product: (i) download, install and use the Software on a
mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and
use the Software in accordance with this Agreement and any applicable Usage Rules (as defined below).
1. The specific Rights of Use which we are granting you depend on the user category you belong to, as follows:
2. When registering an Account on the Software for payment, where applicable, you will be considered a “Paying
  User”. Subject to a membership payment in accordance with AugmentAI LLC’s Memberships (“Memberships”), which
  is available on the Software and may be amended by AugmentAI LLC from time to time, you wil be able to use the
  Software as set for in the Membership with respect to your selected membership plan (“Plan”).
3. Change of Plans is possible either through the Software or by contacting us at support@augmentai.com, and
  shall be subject to the applicable subscription fee, as set forth below.
Usage Restrictions.
1. General. You agree not to, and not to permit any third party to: (i) transfer, redistribute,
  sell, lease, lend or rent the Software; (ii) make the Software or access to it thereof, available over a
  network where it could be used by multiple devices owned or operated by different people at the same time;
  (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the
  Software; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Software
  or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the
  Software or features that prevent or restrict use or copying of any content or that enforce limitations on use
  of the Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright,
  trademark, patent or other notices, contained in or displayed on or via the Software; (vii) use any
  communications systems provided by the Software to send unauthorized and/or unsolicited commercial
  communications; (viii) use the AugmentAI name, logo or trademarks without our prior written consent; and/or
  (ix) use the Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful,
  irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
2. Synthetic and other marks. All Animations contain a synthetic mark, in order to clarify that the Animations
  are edited, and to avoid any misleading of the public with regard to the Animations’ synthetic nature
  (“Synthetic Mark“). We reserve the right to change the Synthetic Mark at our sole discretion
  and at any time. You shall not, and shall not permit any third party to, remove, hide or minimize the
  Synthetic Mark and/or any Watermarks.
3. App Usage Rules. If the Applicable Product is a mobile software application offered by us
  (“App“) and you are downloading such App from a third-party mobile device platform or service
  provider (“Distributor“), please be aware that the Distributor may have established usage
  rules which also govern your use of the App (“Usage Rules“). We specifically refer to the
  Usage Rules of certain Distributors in the section below entitled ‘Distributor Requirements and Usage
  Rules‘, but other Usage Rules may be applicable depending on where the App has been downloaded from.
  You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review
  and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the
  App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any
  applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a
  representation you are prohibited from installing and/or using the App.
Account.In order to use the Software features you will have to create or use an account
(“Account“). You agree not to create an Account for anyone else or use the Account of another
without their permission. If you create an Account, you must provide accurate and complete information for
yourself. You are solely responsible for the activity that occurs in your Account and for your Account security,
and you must, without derogating from the generality of the foregoing, keep your Account password secure and duly
manage any applicable Account access permissions. You must notify us immediately of any unauthorized use of your
Account. As between you and AugmentAI, you are solely responsible and liable for the activity that occurs in
connection with your Account. If you wish to delete your Account and terminate this Agreement, you may send an
email request to AugmentAI at support@augmentai.com.
Location Data. Certain features or functionality (“Features“) of the Software
may collect or be dependent on data related to your geographic location (“Location Data“). If you
wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent
that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do
not provide or make such Location Data accessible, then the Features may be limited or not operate.
Intellectual Property Rights.
1. Ownership. The Software is not sold to you under this Agreement and you acknowledge that AugmentAI and its
  licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the
  Software (and its related software). We reserve all rights not expressly granted herein to the Software.
  “Intellectual Property Rights” means any and all rights in and to any and all trade secrets,
  patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as
  any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or
  regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
2. Software Content. The content on the Software, including without limitation, the Software text, information,
  documents, descriptions, products, graphics, photos, sounds, videos, Templates, interactive features, and
  services (the “Materials“), and the AugmentAI trademarks, service marks and logos contained
  therein (“Marks“, and together with the Materials, the “Software Content“),
  is the property of AugmentAI and/or its licensors and may be protected by applicable copyright or other
  intellectual property laws and treaties. The Applicable Product name and logo, including the Synthetic Mark
  and/or Watermarks, are Marks of AugmentAI and its affiliates. All other Marks used on the Software are the
  trademarks, service marks, or logos of their respective owners. For the avoidance of doubt, Inputs, Outputs,
  User Submissions (as defined below) and/or Animations shall not be regarded as “Software Content”.
3. Use of Content. The Software Content is provided to you “as is” and may not be used, copied, distributed,
  transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes
  whatsoever without our prior written consent and/or unless otherwise provided herein. You must retain all
  copyright and other proprietary notices contained on the Software Content prior to making any use of such
  Software Content.
Payments.
1. You will not be charged for any uses of the Software unless you first agree to such charges, but please be
  aware that any failure to pay applicable charges may result in you not having access to some or all of the
  Software. Subject to the foregoing, it is hereby clarified that we reserve the right to apply charges in the
  future for your use (or continued use) of the Software, even if such use is currently free of charge.
2. Paying Users shall pay AugmentAI a Membership Fee as set forth in the Price List, according to a selected Plan
  (“Membership Fee“). Plans may be offered on a monthly or annual basis (each such applicable
  monthly or annual period, the “Billing Period“). The Subscription Fee shall automatically
  renew for successive Billing Periods. Unused Credits will expire at the end of the applicable Billing Period
  and would not be rolled over to a subsequent Billing Period. You may cancel your automatic subscription at any
  time either through the Software or by contacting us at: support@augmentai.com. In order to avoid
  being billed for the next Billing Period’s Subscription Fee, if cancelling by email you must cancel your
  automatic subscription fifteen (15) days before the end of the applicable Billing Period
  according to your Plan.
3. Change of Plans shall be subject to the applicable Subscription Fee for the new Plan. When upgrading from a
  monthly Plan to a higher monthly Plan, you will be charged for the new Plan at the beginning of the next
  Billing Period, at which point you will also be invoiced the prorated difference for the remainder of the
  previous month (if any) during which the transition occurred. When changing from a monthly to an annual basis
  within a certain Plan, or when upgrading from any monthly Plan to a higher annual Plan, you will be
  immediately charged for the new Plan and the new annual Billing Period shall commence immediately. When
  upgrading from an annual Plan to a higher annual Plan, you will be immediately charged for the new Plan and
  the new annual Billing Period shall commence immediately, and any prepaid and unused Subscription Fee with
  respect to the previous Plan will be credited against the applicable invoice. The number of Credits, or Cost
  of Credits, will be adjusted immediately upon an upgrade to a higher Plan. When downgrading to a lower Plan,
  the change will be effective at the end of your current Billing Period and you will be charged for the new
  Plan in the next invoice.
4. Payments may be processed through the third-party e-commerce platform and payment processing service (made
  available by a third party, which is currently Paypal.com and/or Stripe.com (“Payment
  Processor”)). AugmentAI is not liable in any way for the acts or omissions of such Payment
  Processor. In addition to this Agreement, use of the Payment Processor services is subject to the applicable
  provisions of the Payment Processor’s Terms of Service. The terms applicable to Paypal.com are available at:
  https://www.paypal.com/us/legalhub/useragreement-full,
  and for Stripe.com available at: https://stripe.com/ssa.
5. It is hereby clarified that any technical and/or other failure to pay any amounts hereunder may result in
  suspension of your Account until such failure is resolved. Payments shall be made without any right of set-off
  or deduction and are irrevocable and nonrefundable (except as explicitly provided herein).
6. The number of Credits may be capped for certain Applicable Products, provided that the number of Credits will
  not be lower than such number presented upon subscription (except as set forth in Section 20.1 hereunder).
  Namely, when the Applicable Product is the AugmentAI product, AugmentAI may set a cap of a certain
  number of monthly chats that can be used by you, and reserves the right to further amend such cap from time to
  time (subject to the forgoing).
Information Description. We attempt to be as accurate as possible. However, we cannot and do not
warrant that the Software Content, Output(s) and/or Animation(s) available on the Software is accurate, complete,
reliable, current, or error-free. We reserve the right to make changes in or to the Software Content, or any part
thereof without the requirement of giving you any notice prior to or after making such changes to the Software
Content.
Privacy; Security.
1. Privacy. We will use any personal information that we may collect or obtain in connection with the Software in
  accordance with our privacy policy which is available at
  https://augmentai.com/privacy-policy/ (“Privacy Policy“), and you agree that we may do
  so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and
  you hereby confirm that providing us personal information is at your own free will. Please also be aware that
  certain personal information and other information provided by you in connection with your use of the Software
  may be stored on your Device (even if we do not collect that information). You are solely responsible for
  maintaining the security of your Device from unauthorized access.
Copyright Policy.It is our policy to respect the legitimate rights of copyright and other
intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance
with our Copyright and Content Policy detailed hereafter:
1. Removal of Content. It is the policy of AugmentAI to respect the legitimate rights of
  copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to
  applicable law, including the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the
  “DMCA”), AugmentAI has designated a Copyright Agent (as specified below) (“Copyright
  Agent“) to receive notifications of claimed copyright infringement in connection with the use of
  the Software. Please be advised that we enforce a policy that provides for the termination in appropriate
  circumstances of Software users who are repeat infringers. If you believe that your work has been copied in a
  way that constitutes copyright infringement, please provide the Copyright Agent with the following
  information:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the
    copyright;
  2. A description of the copyrighted work you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Software, with enough
    detail that we may find it. Providing URLs or relevant user ID in the body of an email is the best way to
    help us locate content quickly;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the
    copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate
    and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
2. Counter-Notification. If you believe that your material was removed by mistake, and that you have the
  necessary rights to such material, you may elect to send us a counter-notification. To be effective the
  counter-notification must be a written communication provided to our Copyright Agent that includes
  substantially the following:
  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location
    at which the material appeared before it was removed or access to it was disabled. Where possible,
    providing URLs in the body of an email is the best way to help us locate content quickly;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or
    disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the
    Federal District Court for the judicial district in which the
3. Misrepresentations. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly
  materially misrepresents that material or activity is infringing or was removed or disabled by mistake or
  misidentification may be subject to liability.
4. Copyright Agent. Our agent for notice of claims of copyright infringement can be reached as follows:
  AugmentAI LLC
  Attn: Copyright Agent
  PO Box 511
  Stamford, CT 06904
  
  Email: support@augmentai.com
Warranty Disclaimers.
1. THE SOFTWARE, SOFTWARE CONTENT, OUTPUTS AND ANIMATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
  WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
  FROM A COURSE OF DEALING OR USAGE OF TRADE.
2. WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER
  HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE. THE SOFTWARE MAY OCCASIONALLY BE UNAVAILABLE
  FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS AND UNLESS OTHERWISE AGREED WITH US IN WRITING OR AS PART
  OF YOUR SUBSCRIPTION, WE DO NOT MAKE ANY COMMITMENT OF UPTIME OR AVAILABILITY, INCLUDING (UNLESS EXPRESSLY
  AGREED OTHERWISE) IN THE EVENT OF A DISASTER OR BUSINESS CONTINUITY. YOU AGREE THAT WE WILL NOT BE HELD
  RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING
  WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD
  OF OUR OR OTHER’S SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
3. AUGMENTAI DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN AN INPUT, OUTPUT, USER SUBMISSION
  AND/OR ANIMATIONS, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL
  LIABILITY FOR, ANY SUCH CONTENT.
4. YOU SPECIFICALLY ACKNOWLEDGE THAT AUGMENTAI SHALL NOT BE RESPONSIBLE FOR THE INPUTS, OUTPUTS, USER SUBMISSIONS
  AND/OR ANIMATIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SOFTWARE
  USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. YOUR RELIANCE ON, OR USE OF, ANY INPUT, OUTPUT, USER SUBMISSION AND/OR ANIMATIONS, OR INTERACTION WITH ANY
  SOFTWARE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY OTHER SOFTWARE USER OR OWNER IN
  CONNECTION WITH THE SOFTWARE OR ANY INPUT, OUTPUT, USER SUBMISSION AND/OR ANIMATIONS, YOU AGREE THAT WE ARE
  NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT,
  BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, AUGMENTAI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
  CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR
  ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SOFTWARE.
7. This Section applies whether or not the services provided under the Software are for payment.
8. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not
  apply.
Limitation of Liability.
1. UNDER NO CIRCUMSTANCES SHALL AUGMENTAI BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR
  CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN
  CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE EVEN IF
  AUGMENTAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation
  or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to
  you.
2. IN ANY EVENT AUGMENTAI’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN
  CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, SHALL NOT IN
  ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO AUGMENTAI FOR USING THE SOFTWARE
  WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
Indemnity.You agree to defend, indemnify and hold harmless AugmentAI and our affiliates, and our
respective officers, directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use
of, or inability to use, the Software; (ii) your Input, User Submissions and/or Animations; (iii) your interaction
with any other Software users (iv) your violation of this Agreement; and (v) your violation of any third party
right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing
your obligations under this Section, we reserve the right (at your own expense), but are not under any obligation,
to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you
choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without
first obtaining our express approval.
Modification.We reserve the right to modify this Agreement at any time by sending you an
in-Software notification and/or email and/or by publishing the revised Agreement on the Software. Such change will
be effective ten (10) days following the foregoing, and your continued use of the Software thereafter means that
you accept those changes.
Export Laws.You agree to comply fully with all applicable export laws and regulations to ensure
that neither the Software nor any technical data related thereto are exported or re-exported directly or
indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Updates and Upgrades.We may from time to time provide updates or upgrades to the Software (each a
“Revision“), but are not under any obligation to do so. Such Revisions will be supplied according
to our then-current policies, which may include automatic updating or upgrading without any additional notice to
you. You consent to any such automatic updating or upgrading of the Software. All references herein to the
Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the
original Software, unless the Revision is accompanied by a separate agreement which will govern the Revision.
Third Parties.
1. Open Source Software. Portions of the Software may include third party open source software that are subject
  to third party terms and conditions (“Third Party Terms“). A list of any third party open
  source software and related Third Party Terms is available from AugmentAI. If there is a conflict between any
  Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in
  connection with the related third party open source software. Notwithstanding anything in this Agreement to
  the contrary, AugmentAI makes no warranty or indemnity hereunder with respect to any third party open source
  software.
2. Third Party Source. The Software may enable you to view, access, post to, link to, and use content from Third
  Party Sources (as defined below) that are not owned or controlled by us (“Third Party
  Content“). The Software may also enable you to use and/or to communicate and interact with Third
  Party Sources. “Third Party Source(s)” means: (i) third party websites and/or services and/or
  tools; and/or (ii) our partners and customers. Third Party Sources may include a Payment Processor (including
  but not limited to Paypal. For more information, please visit: https://paypal.com/), Monitoring Tools (as defined below), text-to-image
  tools and/or an AI text to speech and voice cloning (for more information visit https://elevenlabs.io/). We
  are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility
  for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read
  the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any
  such activity. You must comply with the abovementioned terms of use when using the Software. You hereby agree
  that some Third Party Sources may use your User Submissions and/or Animations for the purposes of maintaining
  and/or developing and/or improving their services. We are not responsible for, and we expressly disclaim all
  warranties regarding, the accuracy, appropriateness, usefulness, safety, or intellectual property rights of,
  or relating to, any Third Party Content. We do not endorse any advertising, promotions, campaigns, products,
  services or other materials that is included in any Third Party Content or that is communicated to you from a
  Third Party Source. By using the Software you may be exposed to Third Party Content that is inaccurate,
  offensive, indecent, or objectionable. Your interaction with a Third Party Source and your use of, and
  reliance upon, any Third Party Content is at your sole discretion and risk. You are solely responsible and
  liable for your interaction with a Third Party Source, including to any content that you may send or post to
  such Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies
  you may have against AugmentAI, and release AugmentAI from any and all liability, arising from your use of and
  interaction on any Third Party Content and from your interaction with any Third Party Source, including any
  outcome or output resulting from such interaction and/or any use of your User Submissions and/or Animations by
  such Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party
  Content, you agree to contact the Third Party Source directly.
3. Allowed Links. AugmentAI permits you to link to the Software provided that: (i) you link to but do not
  replicate any page on this Software; (ii) the hyperlink text shall accurately describe the Software Content as
  it appears on the Software; (iii) you shall not misrepresent your relationship with AugmentAI or present any
  false information about AugmentAI and shall not imply in any way that we are endorsing any services or
  products, unless we have given you our expressed prior consent; (iv) you shall not link from a Third Party
  Sources which prohibit linking to other sources; (v) such Third Party Sources do not contain content that (a)
  is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy
  rights, or other rights of any person or entity; and/or (vi) you, and your application (if any), comply with
  this Agreement and applicable law.
Support. You may send support inquiries to support@augmentai.com (“Inquiries“).
We will make commercially reasonable efforts to answer Inquiries in a reasonable manner, or as otherwise specified
in your Plan. For the purpose of providing support services, we may also use the tools, software or services of
third party service providers. You acknowledge and agree that the provisions of Section 20 (User
Submissions) below shall also apply to Inquiries that you send via the Software (with applicable changes).
User Submissions.
1. The Software may permit the submission and sharing of Input and other content by you and other users
  (collectively, “User Submissions“). Your User Submissions and/or Animations created by you
  and/or any Output may be made publicly available by you (e.g., on Third Party Sources). You understand that
  whether or not such User Submissions and/or Animations and/or Output are shared, we do not guarantee any
  confidentiality with respect to any User Submissions and/or Animations and/or Output. You shall be solely
  responsible for your User Submissions and Animations and/or any Output and the consequences of sharing them.
  We reserve the right without further notice to you, to monitor, censor, limit, edit, reject, delete, and/or
  remove any and all User Submissions submitted to the Software and/or Animations and/or Output at any time and
  for any reason (and as further described below), as well as the right to terminate Accounts of Software users
  who are violators of the terms of this Agreement.
2. Ownership and Responsibility. You represent and warrant that you own or have the necessary rights and
  permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions,
  and to enable inclusion and use thereof as contemplated by this Agreement. Notwithstanding anything to the
  contrary in this Agreement, you retain all of your ownership rights in your
  User Submissions, Output and/or Animations. For clarity, you bear all risk with respect to and shall
  be responsible for obtaining all necessary consents, rights and/or licenses (including paying any applicable
  royalties), if any, to use the User Submissions and/or Animations and/or any Output in the Software (including
  for the provision and modification of the relevant User Submissions and in connection with the development of
  Animations). AugmentAI shall not be liable for any claims of any kind (including copyright, publicity and/or
  privacy rights or breach of contract claims) made by any third party in connection with the use of User
  Submissions and/or Animations and/or any Output. It is hereby clarified that your use of the Animations and/or
  any Output shall be only for lawful purposes and is subject to all applicable terms and conditions applied by
  Third Party Sources used in the creation of such Animations and/or Output (if any). You shall be solely
  responsible for the security of your User Submissions.
3. Monitoring. For the purpose of monitoring User Submissions and/or Animations and/or any Output, we may also
  use tools, software or services of Third Party Sources which may monitor User Submissions uploaded by Users
  (“Monitoring Tools“) in order to verify fair use and/or limit prohibited content as described
  herein. We may prohibit such uploads in case of any conflict with this Agreement. In case our Monitoring Tools
  identify your User Submission as being in potential conflict with the terms of this Agreement, we may send you
  a message asking you to provide a signed statement asserting that you possess the necessary rights to upload
  the applicable User Submission (“Statement“). Such Statement may be further reviewed by us,
  and we may ask you to provide additional proof regarding your possession of the abovementioned rights before
  allowing the submission of your User Submission. For the avoidance of doubt, any message we send you
  hereunder, our receipt of Statements and/or our allowance of the submission of your User Submission, shall not
  in any way be deemed to be a waiver of any of AugmentAI’s rights against you for violating this Agreement
  and/or as to derogate from any other provision herein.
4. Right to Use User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting
  the User Submissions to the Software, you hereby grant us a worldwide, irrevocable, non-exclusive,
  royalty-free, perpetual, and transferable right to use, reproduce, distribute, create Animations and/or
  Outputs while using, prepare derivative works of, display, and perform the User Submissions, including without
  limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you
  hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant
  each Software user and Third Party Source a non-exclusive right to use, reproduce, distribute, prepare
  derivative works of, display and perform such User Submissions in accordance with this Agreement.
5. Exposure. You understand and acknowledge that when accessing and using the Software and/or third party
  services: (i) you may be exposed to User Submissions and/or Animations and/or Outputs from a variety of
  sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights
  of, or relating to, such User Submissions and/or Animations and/or Outputs; and (ii) you may be exposed to
  User Submissions and/or Animations and/or Outputs that are inaccurate, offensive, indecent, or objectionable.
  You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us
  with respect to (i) and (ii) herein.
6. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other
  information that we obtain in connection with the Software as we reasonably believe is necessary to: (i)
  satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this
  Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address
  fraud, security or technical issues, (iv) respond to your user support Inquiries, or (v) protect the rights
  Last updated: October 2024
7. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User
  Submission and/or an Animation that: (i) you do not have or have not obtained the appropriate rights or
  consents to use; (ii) is unfair or deceptive under the consumer protection laws of any jurisdiction; (iii) is
  copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including
  privacy and publicity rights, unless you are the owner of such rights; (iv) creates a risk to a person’s
  safety or health, creates a risk to public safety or health, compromises national security, or interferes with
  an investigation by law enforcement or is otherwise harmful; (v) impersonates another person; (vi) promotes
  illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vii)
  is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, religiously, racially or
  ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil
  liability, violates any law or regulation, or is otherwise dishonest, inaccurate, inappropriate, malicious or
  fraudulent, including but not limited to fake news and/or spam; (viii) involves theft or terrorism; (ix)
  constitutes an unauthorized commercial communication and/or is political; (x) contains the contact information
  or any personally identifiable information of any third party unless you have first obtained the express
  consent of said third party to include their contact information or personally identifiable information; (xi)
  breaches this Agreement; (xii) provides medical advice and/or medical results interpretation; (xiii) is used
  for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (xiv) generates or
  disseminates information for the purpose to be used for administration of justice, law enforcement,
  immigration or asylum processes; (xv) is used for fully automated decision making that adversely impacts an
  individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (xvi) is used
  for discriminating against individuals or groups based on social behavior or known or predicted personal or
  personality characteristics; and/or (xvii) you do not wish to potentially become public or that is otherwise
  sensitive, e.g. because if constitutes an internal know-how.
AI Interactions
Publicity
Term and Termination
Independent Contractors
Assignment
Governing Law and Disputes
General
Contact Information
Distributor Requirements and Usage Rules
1. Apple. If you download the App from the Apple, Inc. (“Apple“) App Store (or in any event
  if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of
  liability as set forth in the Agreement:
  - You acknowledge and agree that:
  - This Agreement is concluded between AugmentAI and you only, and not with Apple, and AugmentAI and its
    licensors, and not Apple, are solely responsible for the App and the content thereof;
  - Your use of the App is also subject to the Apple Media Services Terms and Conditions and the Volume
    Content Terms, effective as of the date that you enter into this Agreement (which you acknowledge you have had the
    opportunity to review);
  - The Right of Use granted herein is limited to a non-transferable right to use the App on any
    Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media
    Services Terms and Conditions, except that such App may be accessed, acquired, and used by other accounts
    associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts;
  - AugmentAI is solely responsible for providing any maintenance and support services with respect to the
    App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to
    furnish any maintenance and support services with respect to the App;
  - AugmentAI is solely responsible for any product warranties, whether express or implied by law, to the
    extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty,
    you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for
    the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty
    obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or
    expenses attributable to any failure to conform to any warranty will be AugmentAI’s sole responsibility;
  - AugmentAI, and not Apple, is responsible for addressing any product claims you, or any third party,
    may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product
    liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement;
    and (c) claims arising under consumer protection or similar legislation, including in connection with AugmentAI’s
    Licensed or Custom Application’s use of the HealthKit and HomeKit frameworks. This agreement may not limit
    AugmentAI’s liability to you beyond what is permitted by applicable law;
  - In the event of any third party claim that the App or your possession and use of the App infringes that
    third party’s intellectual property rights, AugmentAI, and not Apple, will be solely responsible for the
    investigation, defense, settlement and discharge of any such intellectual property infringement claim;
  - Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and, 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 against you as a third party beneficiary thereof.
  - You represent and warrant that: (a) you are not located in a region that is subject to a U.S.
    Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (b)
    you are not listed on any U.S. Government list of prohibited or restricted parties.
  - By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law
    requiring that this Agreement be localized to meet your language and other local requirements. To the extent that
    the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License
    Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as
    amended from time to time).
2. Google. If you download the App from the Google LLC. (“Google“) App Store (or in any
  event if you download an Android OS App) then, without derogating from the warranty disclaimers and limitation of
  liability as set forth in the Agreement:
  
  You acknowledge and agree that:
  - This Agreement is concluded between AugmentAI and you only, and not with Google, and Google will not be
    responsible for, and will not have any liability whatsoever under this Agreement;
  - AugmentAI, and not Google, will be solely responsible for undertaking or handling the support and
    maintenance of the App and any complaints about the App.

Last updated: October 2024