Terms and Conditions of
Service
The applications (the "Licensed Applications") available through the Google Play Store and Apple App Store are licensed, not sold, to you. Your license to each Licensed Application is subject to your prior acceptance of this Licensed Application End User License Agreement ("Standard EULA"). The granting of license for any Licensed Application under this Standard EULA is carried out by aiLaMo, unless a custom end user license agreement ("Custom EULA") is provided by the developer. aiLaMo reserves all rights in and to the Licensed Applications not expressly granted to you under this Standard EULA.
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a. Scope of License:
aiLaMo grants you a nontransferable license to use the Licensed Application on any device that you own or control and as permitted by the Usage Rules. This Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application, as well as upgrades provided by aiLaMo that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. You may not distribute the Licensed Application over a network where it could be used by multiple devices simultaneously. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
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b. Consent to Use of Data:
You agree that aiLaMo may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. aiLaMo may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
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c. Termination:
This Standard EULA is effective until terminated by you or aiLaMo. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
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d. External Services:
The Licensed Application may enable access to aiLaMo’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. aiLaMo is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of aiLaMo or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and aiLaMo is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. aiLaMo reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
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e. NO WARRANTY:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AILAMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
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f. Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL AILAMO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF AILAMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
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g. Export Control:
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
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h. Commercial Items:
The Licensed Application and related documentation are "Commercial Items", as that term is defined under the laws of the United States.
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i. Applicable Law:
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and aiLaMo shall be governed by the laws of the State of California, excluding its conflicts of law provisions. If you are a citizen of any European Union country or Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
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Specifically excluded from application to this Agreement is the United Nations Convention on the International Sale of Goods