End User License Agreement for HeartChat AI

1. Acceptance of Terms

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User" or "you") and the developer ("we," "us," or "our") governing your use of the HeartChat AI mobile application ("Application" or "App").

By downloading, installing, accessing, or using HeartChat AI, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, you must not download, install, access, or use HeartChat AI.

2. License Grant

Subject to your compliance with the terms and conditions of this EULA, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install HeartChat AI on devices that you own or control
• Use HeartChat AI for your personal, non-commercial purposes
• Access and use the features and services provided through HeartChat AI

This license is granted solely for the purpose of using HeartChat AI as permitted by this EULA and in accordance with all applicable laws and regulations.

3. License Restrictions

You may not, and you agree not to:

• Copy, modify, adapt, alter, translate, or create derivative works of HeartChat AI
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of HeartChat AI
• Remove, alter, or obscure any proprietary notices, labels, or marks on HeartChat AI
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer HeartChat AI to any third party
• Use HeartChat AI for any commercial purpose without our express written consent
• Use HeartChat AI in any way that violates any applicable law, regulation, or third-party right
• Attempt to gain unauthorized access to any portion of HeartChat AI or any related systems or networks
• Use HeartChat AI to generate content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable

4. Description of Service

HeartChat AI helps you reply to messages with emotional intelligence. The app allows you to:

• Upload chat screenshots for analysis
• Receive AI-generated reply suggestions based on conversation context
• Choose from multiple response tones and styles
• Save and review conversation history locally on your device

The app is provided for informational and personal use only. AI-generated suggestions should be reviewed and edited as needed before sending.

5. Subscriptions

HeartChat AI offers both free and premium subscription tiers:

• Free Tier: Limited daily AI reply generations
• Pro Subscription: Unlimited AI reply generations
• Payments are processed through Apple's App Store and are subject to Apple's terms and conditions
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• You will be charged the subscription fee to your account at the beginning of each billing period
• Subscription management and cancellation can be handled through your Apple ID settings
• Cancellation will take effect at the end of the current billing period
• No refunds will be provided for the current billing period upon cancellation

6. User Responsibilities

You are responsible for:

• Reviewing and editing AI-generated replies before sending
• Using the app in compliance with applicable laws and regulations
• Not using the app for illegal, harmful, or abusive purposes
• Maintaining access to your Apple account for subscription management
• Ensuring you have permission to analyze and process any chat screenshots you upload

7. Data and Privacy

• All data is stored locally on your device
• You can delete conversation history anytime from Settings
• We do not collect, store, or share your personal data
• You are responsible for managing your local data and backups
• We are not responsible for data loss caused by device failure or user actions
• You retain ownership of all data you enter into HeartChat AI

8. AI-Generated Content

HeartChat AI uses artificial intelligence to generate reply suggestions. Please note:

• AI-generated suggestions are for informational purposes only
• You should always review and edit suggestions before sending
• We are not responsible for the content of AI-generated replies
• AI suggestions may not always be accurate or appropriate for your situation

Use your judgment when selecting and sending AI-generated replies.

9. User Content

HeartChat AI allows you to upload chat screenshots and create conversation history ("User Content"). You retain ownership of any User Content you create, but by using HeartChat AI, you acknowledge that:

• You are solely responsible for the User Content you upload and the AI-generated replies you send
• You must ensure you have permission to analyze and process any chat screenshots you upload
• You will review and edit AI-generated suggestions before sending them
• You will not use HeartChat AI to generate content that violates any third-party rights or applicable laws

We reserve the right to remove or disable access to any User Content that violates this EULA or is otherwise objectionable in our sole discretion.

10. Intellectual Property Rights

HeartChat AI, including all content, features, functionality, design, graphics, user interface, text, software, code, algorithms, and all other elements, is owned by us or our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Except as expressly granted in Section 2 of this EULA, you do not acquire any ownership rights in HeartChat AI. All rights not expressly granted to you are reserved by us and our licensors.

Our trademarks, service marks, logos, and brand names are our property and may not be used without our prior written consent.

11. Updates and Modifications

We may, from time to time, update, modify, or enhance HeartChat AI, including adding or removing features, or we may discontinue HeartChat AI entirely. We may also update this EULA to reflect changes in our practices, technology, legal requirements, or for other reasons.

We will notify users of any material changes to this EULA by updating the "Last updated" date. Your continued use of HeartChat AI after such modifications constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must stop using HeartChat AI and may terminate this Agreement as described below.

We are not obligated to provide any updates, modifications, or enhancements to HeartChat AI, and we may discontinue support for older versions at any time.

12. Termination

This EULA is effective until terminated by either party. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term of this EULA. Upon termination:

• All rights granted to you under this EULA will immediately cease
• You must immediately stop using HeartChat AI and delete all copies from your devices
• We may delete or disable access to your account and any associated data

You may terminate this Agreement at any time by deleting HeartChat AI from your devices and ceasing all use. Sections 10 (Intellectual Property Rights), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law), and 18 (General Provisions) will survive termination of this EULA.

13. Warranty Disclaimers

HEARTCHAT AI IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that HeartChat AI will meet your requirements, be uninterrupted, timely, secure, or error-free, or that AI-generated reply suggestions will be accurate, appropriate, or suitable for your situation. AI-generated reply suggestions are for informational purposes only and should not be considered as professional, legal, medical, or financial advice. We are not responsible for any consequences resulting from the use of AI-generated replies.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your use or inability to use HeartChat AI
• Damages resulting from AI-generated content or replies
• Damages resulting from data loss or unauthorized access to your data
• Any other damages arising out of or in connection with this EULA or HeartChat AI

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR HEARTCHAT AI SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of or access to HeartChat AI; (b) your violation of any term of this EULA; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; (d) any User Content you upload or create; or (e) any AI-generated replies you send or use.

16. Export Restrictions

HeartChat AI may be subject to export and import laws and regulations. You agree to comply with all applicable international and national laws that apply to HeartChat AI, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

17. Governing Law and Dispute Resolution

Governing Law: This EULA shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to this EULA or HeartChat AI shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization], except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

If arbitration is not enforceable in your jurisdiction, any legal action or proceeding arising out of or relating to this EULA or HeartChat AI shall be brought exclusively in the courts located in [Your Jurisdiction], and you consent to the personal jurisdiction of such courts.

18. General Provisions

Entire Agreement: This EULA constitutes the entire agreement between you and us regarding HeartChat AI and supersedes all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

Severability: If any provision of this EULA is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect.

Waiver: No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer this EULA or any rights granted hereunder, by operation of law or otherwise, without our prior written consent. We may assign this EULA or any rights hereunder without restriction.

Third-Party Beneficiaries: This EULA is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA.

19. Contact

For questions regarding this EULA, contact: [email protected]