END USER LICENSE AGREEMENT

AI Virtual Friend: AI Moodmate is licensed to You (End-User) by MoodMate, (`Licensor`), for use only under the terms of this License Agreement

By downloading the Licensed Application from Apple's software distribution platform App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store is referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. MoodMate, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions Usage Rules. MoodMate acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

AI Virtual Friend: AI Moodmate when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. AI Virtual Friend: AI Moodmate is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS").

TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENSE
  3. TECHNICAL REQUIREMENTS
  4. NO MAINTENANCE AND SUPPORT
  5. USE OF DATA
  6. USER-GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. LIABILITY
  9. WARRANTY
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS
  18. AUTO-RENEWING SUBSCRIPTIONS
  19. SUBSCRIPTION POLICY

1. THE APPLICATION

AI Virtual Friend: AI Moodmate ("Licensed Application") is a piece of software created to MoodMate is an advanced online chatbot that uses Chat GPT AI technology to answer all your questions instantly. Whether you're looking for information on a specific topic or just want to have a casual conversation, MoodMate is here to assist. Our AI model uses the same AI technology, GPT-3, which is been used by chat GPT. — and customized for iOS mobile devices ("Devices"). It is used to User looking for information on a specific topic or just want to have a casual conversation, MoodMate is to assist. Our AI model uses the same AI technology, GPT-3, which is been used by chat GPT..

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with MoodMate's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with MoodMate's prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT

4.1 MoodMate is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 MoodMate and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://moodmate.app/privacypolicy

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 4. Your Contributions are not false, inaccurate, or misleading.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions

8. LIABILITY

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of MoodMate's sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify MoodMate about issues discovered without delay by email provided in Contact Information.

9.4 If we confirm that the Licensed Application is defective, MoodMate reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS MoodMate

MoodMate and the End-User acknowledge that MoodMate, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

MoodMate

moodmateapp@gmail.com

13. TERMINATION

The license is valid until terminated by MoodMate or by You. Your rights under this license will terminate automatically and without notice from MoodMate if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

MoodMate represents and warrants that MoodMate will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement, Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

MoodMate and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third partys intellectual property rights, MoodMate, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of India excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

18. YOU MAY PURCHASE AN AUTO-RENEWING SUBSCRIPTION THROUGH AN IN-APP PURCHASE.

  1. Auto-renewable subscription
  2. Spark Plan ($3.99), Boost Plan ($6.99) and Fire Plan ($9.99) and 1 month durations for all plans
  3. Your subscription will be charged to your iTunes account at confirmation of purchase and will automatically renew (at the Plan selected) unless auto-renew is turned off at least 24 hours before the end of the current period.
  4. Current subscription may not be cancelled during the active subscription period; however, you can manage your subscription and/or turn off auto-renewal by visiting your iTunes Account Settings after purchase
  5. Privacy policy and terms of use : https://moodmate.app/privacypolicy

19. Subscription Policy

  • Introduction: This end-user agreement policy outlines the terms and conditions that apply when you purchase a subscription on MoodMate and utilize it on multiple devices. By purchasing a subscription, you agree to be bound by these terms and conditions.
  • Subscription Purchase: To purchase a subscription on MoodMate, you must create an account with the service provider. You will be required to provide personal information such as your name, email address, and payment information. Once you have created an account and purchased a subscription, you can use it on multiple devices that support the MoodMate app.
  • Multi-Device Access: With your subscription, you can access MoodMate on multiple devices, as long as you are signed in with the same account credentials. You may use MoodMate on any device that supports the app, including smartphones, tablets, and computers.
  • Limitations: Some subscriptions may have limitations on the number of devices that can be used simultaneously. You should review the terms and conditions of your subscription to understand any limitations that may apply.
  • Payment: Payment for the subscription will be processed through the payment information you provided during account creation. You are responsible for ensuring that the payment information is accurate and up-to-date.
  • Changes to the Service: The service provider may make changes to MoodMate at any time, including adding or removing features or changing the pricing. You will be notified of any changes that may affect your subscription.
  • Termination: You may terminate your subscription at any time by following the service provider's instructions. The service provider may also terminate your subscription if you violate the terms and conditions of the agreement.
  • Disclaimer of Warranty: The service provider makes no warranties or representations about MoodMate, including the accuracy, reliability, or completeness of any information or content available through the app.
  • Limitation of Liability: The service provider shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of MoodMate.
  • Governing Law: This agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the service provider is located.
  • Entire Agreement: This agreement constitutes the entire agreement between you and the service provider and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this agreement.
  • Modifications: The service provider reserves the right to modify this agreement at any time by posting the modified agreement on the MoodMate website or notifying you by email. Your continued use of MoodMate after the modification shall be deemed to be your acceptance of the modified agreement.
  • By purchasing a subscription and utilizing it on multiple devices on MoodMate, you acknowledge that you have read and understood this agreement, and agree to be bound by its terms and conditions.