CaluiAI Terms of Use and End-User License Agreement (EULA)
Last Updated: [Insert Date]
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE CALUIAI MOBILE APPLICATION (“APP”) AND ANY RELATED SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
1. Introduction
This End-User License Agreement (“EULA” or “Agreement”) is a legal contract between you user and Binary Saas LLC governing your use of the CaluiAI app, an AI-powered calorie counting application that provides both free and premium (paid) services (collectively, the “App”).
2. License Grant
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App solely for your personal, non-commercial use on your mobile device.
3. Account Registration and Security
- Account Creation: To access certain features of the App (including premium services), you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
- Security: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. Please notify us immediately of any unauthorized use or security breach.
4. Subscriptions and Payment Terms
The App offers both free access and premium subscriptions. Premium subscriptions remove advertisements and grant unlimited access to AI assistance. The following terms apply to premium subscriptions:
4.1. Subscription Plans
- Monthly Plan: $9.99 per month.
- Yearly Plan: $49.99 per year.
4.2. Free Trial
- Trial Period: Each subscription plan includes a 3-day free trial for new subscribers.
- Cancellation During Trial: If you cancel your subscription within the free trial period, you will not be charged. Cancellation must be completed following the procedures provided within the App.
4.3. Automatic Renewal and Billing
- Auto-Renewal: Unless canceled, your subscription will automatically convert to a paid subscription and renew at the end of each subscription period (monthly or yearly, depending on the plan selected).
- Billing: You authorize us to charge the applicable subscription fee to your designated payment method at the beginning of each subscription period following the free trial.
- Cancellation: You may cancel your subscription at any time through the App’s account management settings. To avoid being charged for the subsequent subscription period, you must cancel at least 24 hours before the current period expires.
5. Premium Features
By subscribing to a premium plan, you receive the following benefits:
- Ad-Free Experience: Premium users will not see advertisements.
- Unlimited AI Assistance: Premium users have unlimited access to AI-powered calorie counting and assistance features.
The premium features are provided “as is” and may be subject to modifications or interruptions.
6. Use Restrictions
You agree not to:
- Reverse-engineer, decompile, or disassemble the App.
- Modify, rent, lease, loan, sell, distribute, or create derivative works based on the App.
- Use the App for any unlawful or unauthorized purpose.
- Attempt to circumvent any measures employed to protect the App or its content.
7. Intellectual Property Rights
- Ownership: All intellectual property rights in and to the App, including but not limited to its software, design, graphics, and content, are owned by the Company or its licensors.
- Limited License: Nothing in this Agreement grants you any rights to use the Company’s trademarks, logos, or other proprietary materials without our express prior written consent.
8. Termination
- By You: You may terminate your subscription at any time through the App. Termination will stop future billing but will not refund any fees already paid for the current period.
- By Us: We may suspend or terminate your access to the App if you violate this Agreement or if we discontinue the App (in whole or in part).
Upon termination, all rights granted to you under this Agreement will immediately cease, and you must cease all use of the App.
9. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US FOR THE APP (IF ANY).
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the App, your violation of this Agreement, or infringement by you of any intellectual property or other rights of any person or entity.
11. Governing Law and Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of [Specify Arbitration Rules or Venue], unless you choose to pursue remedies in small claims court if applicable.
12. Modifications to the Terms
We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you through the App or via email. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
13. Privacy
Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.
14. Entire Agreement
This Agreement constitutes the entire understanding between you and the Company regarding the subject matter hereof and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.
If you have any questions or comments regarding this Privacy Policy, please contact us at:
Email: info@binarysaas.com
By using CaluiAI, you acknowledge that you have read, understood, and agree to be bound by this Terms of Use and End-User License Agreement.
Remember: This template is provided for general informational purposes only. It is essential to have a legal professional review and tailor these terms to fit your specific circumstances and to comply with local laws and regulations.