Last Updated: March 2024
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) along with all documents referred to therein constitute a legally binding agreement entered into between you as a natural person (“you”, “your” or “user”) and DefiantApp LLC (“we”, “us” or “our”), in relation to your access and use of the “AIQUIBE” software application for mobile devices (the “Application”). The title of the Application may vary in countries other than the United States and is subject to change without specific notice.
All documents related to the Application are expressly incorporated into this Agreement by reference.
Please read this Agreement carefully before downloading, installing, or using the Application.
It is important that you read and understand this Agreement. By downloading, installing, or using the Application, you indicate that you have read, understood, accepted, and agreed to the Agreement, which shall come into effect on the date you download, install, or start using the Application.
If you do not agree to this Agreement, or if you do not agree with at least one of its provisions, you may not access, download, install, or use the Application, or in case you have already done any of the above, you must promptly delete the Application from any mobile device in your possession or under your control.
II. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed of any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be deemed to have accepted the changes in any revised Agreement if you continue to use the Application after the date on which such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APPLICATION
To download, install, access, or use the Application, you must have reached the age of majority or the legal age in your applicable jurisdiction (i.e., in most jurisdictions you must be at least eighteen (18) years of age or older).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have permission and be directly supervised by their parents or legal guardians in order to use the Application. Therefore, if you are between thirteen (13) and seventeen (17) years old and wish to download, install, access, or use the Application, before doing any of the above, you must: (a) ensure that your parents or legal guardians have read and agreed to (obtained consent from your parents or legal guardians) this Agreement before you use the Application; (b) have the capacity to enter into a binding agreement with us under applicable law.
Parents and legal guardians must directly supervise any use of the Application by minors. It is solely the responsibility of parents and legal guardians to prevent any unauthorized, irrelevant, indecent, and/or immoral use of the Application by their minors who have not reached the age of majority or the legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) is not permitted to download, install, access, or use the Application.
You confirm that you have reached the age of majority or the legal age in the applicable jurisdiction (at least you are eighteen (18) years old), or that you are an emancipated minor, or that you have the legal consent of your parents or legal guardians and are fully able and competent to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
IV. GENERAL TERMS
The Application is developed for entertainment purposes. The Application provides tools based on artificial intelligence models and technologies that allow you to chat with the Artificial Intelligence (AI) and get answers to your questions. The Application also allows you to upload PDF files containing texts and receive summaries of such texts produced by the AI. You can find the complete list of features on the Application page at play.google.com.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy for you to understand how we process, use, and store information, including personal data. Access to the Application and use of the Services are subject to the Privacy Policy. By accessing the Application and continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways in which we process your information as well as the appropriate legal bases for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you do not agree with any part of the Privacy Policy, you must immediately cease using the Application and the Services. Please read our Privacy Policy carefully by clicking here.
VI. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT
INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APPLICATION
Please note that this subsection “INTELLECTUAL PROPERTY RIGHTS RELATED TO THE APPLICATION” does not apply to User Content (as defined below in this Agreement). The license terms and other regulations regarding User Content are set forth in this Section VI below under the subheading “USER CONTENT”.
By using the Application, you agree to respect our intellectual property rights (intellectual property rights related to the source code of the Application, UI/UX design, content material, copyrights, and trademarks, hereinafter referred to as “Intellectual Property Rights”) as well as those of third parties.
As long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the Application in accordance with this Agreement (the “License”).
You may use our Application solely for your own non-commercial purposes. You are obliged to respect copyrighted material within the Application.
The source code, design and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or video (the “Works”) as well as names, logos, and trademarks (“Identification Media”) within the Application are protected by copyright laws and other relevant international and national laws and/or treaties, and belong to us and/or our partners and/or contractors, as applicable.
These Works and Identification Media may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated either in whole or in part unless expressly permitted by us and/or our partners and/or third-party contractors, as applicable.
All right, title, and interest in and to the Application and its content, the Works and Identification Media, as well as their functionalities (1) are exclusively owned by DefiantApp LLC and/or our partners and/or contractors, (2) are protected by applicable international and national legal provisions, and (3) are in no event transferred (assigned) to you in whole or in part within the context of the License contained herein.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be trademarks of their respective owners.
USER CONTENT
The Application allows you to submit text and PDF files (the “Input Content”) and generate new original content based on it using the AI (the “Output Content”). For the purposes of
this section, the term “User Content” explicitly includes both Input and Output Content. WE DO NOT CLAIM ANY OWNERSHIP RIGHTS OVER YOUR USER CONTENT. YOU RETAIN ALL RIGHTS TO YOUR USER CONTENT AND MAY COMMERCIALIZE IT. This means that you can do whatever you want with your Input and Output Content: publish it, incorporate it into other works, print it on any medium, replicate it, distribute it, profit from selling copies of any product containing the Input and Output Content, or benefit from the use of a digital version of the content.
