End-User License Agreement (EULA) for Eden AI

Last Updated: September 17, 2024

1. Acknowledgement

1.1 Agreement Between You and Since Kindly Inc.

This End-User License Agreement ("EULA") is a legal agreement between you ("End-User") and Since Kindly Inc. ("Developer"). By downloading, installing, or using the Eden AI application ("Licensed Application"), you agree to be bound by the terms of this EULA. This agreement is exclusively between you and Since Kindly Inc., and not with Apple Inc. ("Apple"). Since Kindly Inc. is solely responsible for the Licensed Application and its content.

1.2 Compliance with Apple’s Terms

You acknowledge that this EULA does not provide any usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the effective date, which you have had the opportunity to review.

2. Scope of License

2.1 Grant of License

Since Kindly Inc. grants you a personal, non-transferable, non-exclusive license to use the Licensed Application on any Apple-branded device that you own or control. This license does not permit you to:

• Distribute the Licensed Application to third parties.
• Modify, reverse engineer, or create derivative works based on the Licensed Application.
• Use the Licensed Application on devices not owned or controlled by you.

2.2 Family Sharing and Volume Purchasing

The Licensed Application is not eligible for Family Sharing or volume purchasing. Each End-User must individually purchase the application for use on their devices.

2.3 Usage Rules and Restrictions

Given that the Licensed Application is an AI Dating Assistant powered by a Large Language Model (LLM), you agree to use the application responsibly and not to:

• Engage in or promote any illegal activities.
• Harass, abuse, or harm other people.
• Create or disseminate harmful, offensive, or inappropriate content.
• Exploit the application to conduct fraudulent or malicious activities.

Since Kindly Inc. reserves the right to terminate your license if you violate these usage rules.

3. Maintenance and Support

3.1 Support Services

Since Kindly Inc. is solely responsible for providing maintenance and support services for the Licensed Application. Support is available via:

• Email: support@getedenai.app
• In-App Support: Accessible through the application's support feature.

3.2 No Obligation on Apple

You and the End-User acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Licensed Application.

4. Warranty

4.1 No Warranties

The Licensed Application is provided "as is" without any warranties of any kind, either express or implied. Since Kindly Inc. disclaims all warranties, including but not limited to:

• Merchantability: The Licensed Application is suitable for the purposes for which it is intended.
• Fitness for a Particular Purpose: The Licensed Application meets your specific requirements.
• Non-Infringement: The Licensed Application does not infringe any third-party rights.

4.2 Apple's Refund Policy

In the event that the Licensed Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Since Kindly Inc.'s sole responsibility.

5. Product Claims

5.1 Handling Claims

Since Kindly Inc. is solely responsible for addressing any claims related to the Licensed Application, including but not limited to:

• Product Liability Claims: Issues arising from the use of the Licensed Application.
• Legal or Regulatory Compliance: Claims that the Licensed Application fails to meet any legal or regulatory requirements.
• Consumer Protection and Privacy: Claims under consumer protection, privacy, or similar legislation.

5.2 Limitation of Liability

To the fullest extent permitted by applicable law, Since Kindly Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Licensed Application, even if Since Kindly Inc. has been advised of the possibility of such damages. Since Kindly Inc.'s total liability under this EULA shall not exceed the amount paid by you for the Licensed Application.

6. Intellectual Property Rights

6.1 Ownership

The Licensed Application and all intellectual property rights therein are owned by Since Kindly Inc. and are protected by copyright, trademark, and other intellectual property laws.

6.2 Third-Party Intellectual Property Claims

In the event of any third-party claim alleging that the Licensed Application infringes upon their intellectual property rights, Since Kindly Inc. will be solely responsible for:

• Investigating the claim.
• Defending against the claim.
• Settling or discharging the claim.

Apple is not a party to any such claims, and Since Kindly Inc. agrees to indemnify and hold Apple harmless from any such disputes.

7. Legal Compliance

7.1 Geographic Restrictions

• You are not located in a country that is subject to a U.S. Government embargo.
• You are not located in a country designated by the U.S. Government as a "terrorist supporting" country.

7.2 Prohibited Parties

• You are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name and Address

8.1 Contact Information

For any questions, complaints, or claims regarding the Licensed Application, please contact:

Since Kindly Inc.
• Email: support@getedenai.app

9. Third Party Terms of Agreement

9.1 Third-Party Integrations

The Licensed Application integrates with third-party services, including Intercom for customer support.

9.2 Compliance Requirements

When using the Licensed Application, you must comply with all applicable third-party terms of agreement. For example, if you use VoIP services or data services through the app, you must ensure that your usage does not violate any terms of your wireless data service agreement or other relevant third-party agreements.

10. Third Party Beneficiary

You and the End-User acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple has the right to enforce this EULA against you as a third-party beneficiary.

11. Additional Considerations

11.1 Privacy Policy

Please refer to our separate Privacy Policy for detailed information on how we collect, use, and protect your personal data.

11.2 User Obligations

As an End-User of Eden AI, you agree to:

• Use the application responsibly and ethically.
• Not misuse the application's AI capabilities to generate harmful, offensive, or misleading content.
• Use the content generated by Eden AI for dating purposes in a respectful and lawful manner, ensuring that you honor the privacy and rights of others by avoiding harassment, defamation, false representation, and any other harmful or unlawful behavior.
• Report any inappropriate behavior or content to Since Kindly Inc. through the provided support channels.

11.3 Termination

11.3.1 Termination by User

You may terminate this EULA at any time by uninstalling the Licensed Application and ceasing all use.

11.3.2 Termination by Since Kindly Inc.

Since Kindly Inc. may terminate this EULA immediately if you fail to comply with any of its terms. Upon termination, you must uninstall the Licensed Application and cease all use.

11.4 Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

11.5 Dispute Resolution

Any disputes arising out of or related to this EULA shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Delaware.

11.6 Severability

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

11.7 Entire Agreement

This EULA constitutes the entire agreement between you and Since Kindly Inc. regarding the use of the Licensed Application and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.

11.8 Amendments

Since Kindly Inc. reserves the right to modify this EULA at any time. Any changes to the EULA will become effective immediately upon posting the updated agreement within the application or on our website. Continued use of the Licensed Application after such modifications constitutes your acceptance of the updated EULA. It is your responsibility to review the EULA periodically to stay informed of any changes.

11.9 Contact Information

For any questions about this EULA, please contact us at:

• Email: support@getedenai.app

By downloading, installing, or using Eden AI, you acknowledge that you have read, understood, and agree to be bound by this EULA.