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Effective Date: October 10, 2024
Welcome to Sapio AI ("Sapio AI," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Sapio AI mobile application (the "App") and any related services provided by us (collectively, the "Services"). By accessing or using the App or Services, you ("you" or "User") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the App or Services. These Terms constitute a legally binding agreement between you and Sapio AI.
By accessing or using the App or Services, you represent and warrant that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are under the age of 16, you may only use the App and Services with the express consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You are solely responsible for ensuring that your use of the App and Services complies with all applicable laws, rules, and regulations. We reserve the right to terminate your access to the App and Services if we determine that you do not meet the eligibility requirements.
The App is currently designed for use on mobile devices running Android or iOS operating systems. You are responsible for obtaining and maintaining all equipment and internet access necessary to use the App and Services. We do not guarantee that the App or Services will be compatible with all devices or operating systems. For optimal performance, it is recommended that you keep your device's operating system and the App updated to the latest versions.
To access certain features of the App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information during the registration process; (b) maintain and promptly update your account information to keep it accurate, current, and complete; (c) notify us immediately of any unauthorized access to or use of your account or any other breach of security; and (d) log out from your account at the end of each session.
You are solely responsible for all data, information, and content that you input into the App ("User Content"). You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use your User Content as necessary to provide the Services. We are not responsible for the accuracy, completeness, or legality of User Content. Any reliance on User Content is at your own risk. You agree to indemnify and hold Sapio AI harmless from any claims arising out of your User Content.
You agree to use the App and Services only for lawful purposes and in accordance with these Terms. You are prohibited from engaging in any of the following activities:
We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including, but not limited to, issuing warnings, suspending or terminating your access to the App and Services, and pursuing legal remedies.
The App and its original content (excluding User Content), features, and functionality, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by Sapio AI or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes certain images licensed from third parties, such as those provided by Storyset. Your use of these third-party images within the App is subject to the terms and conditions of their respective licenses.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use. Except as expressly permitted in these Terms, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App without our prior written consent, or the consent of the respective rights holders for third-party content. Specifically, with respect to images obtained from Storyset, you agree to comply with the terms outlined in their Terms of Use.
The Sapio AI name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Sapio AI or its affiliates or licensors. You must not use such marks without our prior written permission.
You may purchase certain features or content within the App ("In-App Purchases"). The prices for In-App Purchases will be displayed within the App at the time of purchase. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Payment processing for In-App Purchases is handled through the relevant app store (e.g., Google Play Store, Apple App Store), and you agree to abide by their terms and conditions regarding payments.
Certain features of the App may be offered on a subscription basis ("Subscriptions"). By subscribing to a Subscription, you agree to pay the applicable recurring fee as displayed in the App. Subscription fees will be billed in advance on a recurring basis (e.g., monthly or annually) until you cancel your Subscription.
We reserve the right to change the prices for In-App Purchases and Subscriptions at any time. We will provide you with reasonable notice of any price changes, and such changes will take effect at the start of your next billing cycle. Your continued use of the Subscription after the price change becomes effective constitutes your agreement to pay the new price.
You may be able to transfer an active Subscription to a different account by following the instructions within the App's settings. You can cancel your Subscription at any time through the relevant app store's subscription management settings. Cancellation will be effective at the end of the current billing period, and you will continue to have access to the Subscription features until then.
Except as required by applicable law or as expressly stated in these Terms, all purchases and subscription fees are final and non-refundable. We do not offer refunds or credits for partially used subscription periods. You are responsible for cancelling your Subscription if you do not wish to be charged for the next billing cycle.
We may terminate your access to all or any part of the App and Services at any time, with or without cause, with or without notice, effective immediately. Such reasons for termination may include, without limitation, (a) your breach of these Terms; (b) your violation of applicable laws or regulations; (c) our decision to discontinue or materially modify the App or Services (or any part thereof); (d) unexpected technical or security issues or problems; or (e) extended periods of inactivity.
Upon termination, your right to use the App and Services will immediately cease. If we terminate your access due to your breach of these Terms, you will not be entitled to any refunds. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SAPIO AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SAPIO AI DOES NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAPIO AI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAPIO AI, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SAPIO AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SAPIO AI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP OR SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO SAPIO AI FOR ACCESSING OR USING THE APP OR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Sapio AI, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the App or Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party. Sapio AI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sapio AI in asserting any available defenses.
We encourage you to contact us at [email protected] if you have any concerns or disputes. We will attempt to resolve the issue informally.
These Terms and any dispute arising out of or in connection with these Terms or your use of the App or Services shall be governed by and construed in accordance with the laws of Albania, without regard to its conflict of law provisions. You agree that any legal action or proceeding between Sapio AI and you for any purpose concerning these Terms or your use of the App or Services shall be brought exclusively in the courts located in Tirana, Albania. You hereby irrevocably consent to the jurisdiction and venue of such courts.
The App may contain links to third-party websites or services that are not owned or controlled by Sapio AI. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sapio AI is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party websites or services that you visit.
Sapio AI reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. The notice may be provided through prominent posting within the App, via email to the address associated with your account, or through other reasonable means. By continuing to access or use the App or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the App and Services.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms shall be governed by and construed in accordance with the laws of Albania, without regard to its conflict of law provisions.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sapio AI concerning the App and Services, and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sapio AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, please contact us at:
Email: [email protected]