Terms of Use and End User License Agreement

Last modified: May 2024

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AIBY Inc. (“we,” “us” or “our”), concerning your access to and use of “Fonts Art: Keyboard Font Maker” software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before you download, install or start using the App.

It is important that you read and understand this Agreement. By downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or start using the App.

If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install or start using the App or in case you have already done so, you must promptly delete the App from any mobile in your possession or under your control.

II. CHANGES 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 about 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 alterations to the revised Agreement by your continued use of the App.

III. RESTRICTIONS ON WHO CAN USE THE APP

In order to download, install, access or use the App, you must be 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), in order to use the App must have the permission of, and be directly supervised by their parent or guardian. Therefore, if you are between thirteen (13) and seventeen (17) years old and you wish to, download, install, access or use the App, before doing so you must: (a) ensure that your parent or guardian have read and agreed to this Agreement prior to your use of the App; (b) have the power to enter into a binding agreement with us under the applicable law.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) is not permitted to download, install, access or use the App.

You confirm that you are either older than eighteen (18) years of age, or you are an emancipated minor, or possess a legal parental or guardian consent, and are empowered to accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

IV. GENERAL TERMS

The App is a utility program designed to enhance your device experience. The App allows you to use a keyboard with custom fonts and characters for writing texts. You can also design your social media profile, posts and stories, customize your home screen using a special set of instruments available within the App (see the full performance list on the App’s page on play.google.com).

The App is intended only for your personal non-commercial use. You shall use the App only for the purposes, mentioned above. 

V. PRIVACY POLICY

Your privacy is important for us. Accordingly, we have developed a Privacy Policy in order to explain how we process, use and store information, including your personal data. By accessing the App and continuing to use it you are deemed to have accepted the Privacy Policy, as well as to have acknowledged the ways in which we process your information, and appropriate legal grounds for personal data processing. 

We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App. In order to read our Privacy Policy please CLICK HERE.

VI. END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual property rights (intellectual property rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App, you cannot sell pictures and/or other content available in the App. 

The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “Works”) as well as names, logos and trademarks (hereinafter – “Means of individualization”) within the App are protected by copyright laws and other relevant laws and / or international treaties, and belong to us and / or our partners, contractors, as the case may be.

Works and Means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and / or our partners, contractors, as the case may be.

All rights, title and interest in and to the App and its content, Works and Means of individualization as well as its functionalities (1) are the exclusive property of the AIBY Inc. and / or our partners, contractors (2) are protected by the applicable international and national legal provisions, and (3) shall under no circumstances be transferred (assigned) to you in full or in part within the context of the License herewithin.

We will not hesitate to take legal actions 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 the trademarks of their respective owners.

THIRD PARTIES’ TECHNOLOGIES INTEGRATED INTO THE APP

We use Current Weather API available at https://openweathermap.org/current, Hourly Forecast 4 days API available at https://openweathermap.org/api/hourly-forecast, 3-hour Forecast 5 days API available at https://openweathermap.org/forecast5, Daily Forecast 16 days API available at https://openweathermap.org/forecast16, Climatic Forecast 30 days API available at https://openweathermap.org/api/forecast30, Air Pollution API available at https://openweathermap.org/api/air-pollution, Geocoding API available at https://openweathermap.org/api/geocoding-api, Weather Triggers API available at https://openweathermap.org/triggers under the CC BY-SA 4.0 license. You may obtain a copy of license at: https://creativecommons.org/licenses/by-sa/4.0/.

We use Weather Maps 1.0 API available at https://openweathermap.org/api/weathermaps, Weather Maps 2.0: Current, Forecast and Historical layers API available at https://openweathermap.org/api/weather-map-2, Relief maps API under the CC0 license. You may obtain a copy of license at: https://creativecommons.org/publicdomain/zero/1.0/.

NEWSLETTERS

You may choose to use a special form/pop-up window available within the App and provide your email address along with the respective permission to receive email communications from us related to special subscription offers, important changes, new features and functionalities, promotions, discounts and other news related to the App (“newsletters”). You can unsubscribe, opt-out of receiving our newsletters at any time by using the resignation link provided in each newsletter you receive from us.

Note that all content contained in our newsletters is owned by AIBY Inc. and is provided to you as part of the App’s Services. You may use and share such content only for your own non-commercial purposes.

VII. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

-   is unlawful, illegal or unauthorized;

-   is defamatory of any other person;

-   is obscene or offensive;

-   infringes any copyright, database right or trademark of any other person;

-   advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works on the basis of the App or any documentation related to it.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and / or duplicate, distribute, publish, use any content of the App, directly or indirectly, in a way constituting a violation of our Intellectual Property Rights.

You shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App. We are entitled to adopt against any user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

VIII. AVAILABILITY OF THE APP, ITS SECURITY AND ACCURACY

In order to get access to all functions of the App, you must ensure that your mobile phone is connected to the Internet. The App is available for downloading and installing on handheld compatible mobile devices running Android 9.0 with minimum system requirements and up.

We do not warrant that the App will be compatible with all hardware and software that you may use. We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge that the App requires an internet connection, therefore the quality and availability of the App may be affected by factors beyond our control.

Please note that we may change or update the App without noticing you. We may suspend your access to the App, or close it indefinitely in case we have a valid reason for that.

You warrant that any information you submit to us is true, accurate and complete. You agree to keep it continually actual. 

The version of the App may be upgraded from time to time for the sake of adding new functions and services.

You can discontinue using our Services at any time by choosing the relevant option in your account settings. In case you decide to stop using the App, you should undertake necessary steps to uninstall it.

IX. CHARGES

The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.

Access to some services and/or additional features within the App (“Premium options”) requires paid subscriptions. You may have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period.

When you cancel your subscription you will still have access to basic functions of the App.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.

Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Subscriptions are automatically renewed for a new billing period (whether weekly, monthly, annually, or another period), and you may be charged no earlier than 24 hours before the beginning of each billing period. You may cancel subscription at any time before the end of the applicable billing period as described here, and the cancellation will apply to the next period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

Certain additional features within the App may be available as a one-time purchase (inter alia, Coins feature). Making a one-time purchase in the App, you top up the in-app balance with Coins to enjoy the benefits of our App. Please note that Coins considered as an in-app value are part of services provided via the App and can be used only within the App. Coins and any content you spent Coins on via the App do not become your property for the reason you purchased them. The funds used to purchase Coins cannot be reimbursed, regardless of the fact of their non-use or physical removal of the App from your device. Any kind of deal between users in respect of Coins shall be regarded null and void.

You may be charged by your communications service provider for downloading and / or accessing the App on your mobile phone or tablet device,  so you should check the terms of agreement with your operator. This may include data roaming charges if you download / access the App outside the state of your permanent residence. All these charges constitute solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.

X. THIRD PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge that you must comply with applicable third party terms of agreement when using the App. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.

If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF VIOLATION ARISING FROM YOUR USE OF THE APP, INCLUDING ANY BREACH OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND / OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP IN ANY COUNTRY.

You hereby acknowledge and agree that your use of the App, its Services as well as any AI-based content generated in whole or in part via the App is at your sole risk. You assume and acknowledge your full responsibility arising out of your use of the App and/or use, other exploitation, further distribution, sharing any AI-based content generated in whole or in part via the App. In addition, to the maximum extent permitted by the applicable law, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensors, licensees, partners, affiliates, offices, directors, employees, legal representatives from and against any and all claims, losses, damages of any type or nature arising out of or in connection with your use of the App and/or use, other exploitation, further distribution, sharing any AI-based content generated via the App or out of your failure to comply with the terms of the present Agreement, or out of your violation of applicable law.

XIII. GOVERNING LAW AND CLAIMS

Choice of law and choice of forum clauses. The present Agreement shall be governed by and interpreted, construed in accordance with the laws of the state of Florida, USA.

All disputes and claims, suits, causes of action or proceedings between the parties to this Agreement, whether sounding in contract, tort, equity, law, or otherwise, including those arising out of or related to this Agreement, inter alia, pertinent to its performance, alleged breach shall be (i) governed by, construed in accordance with substantive and procedural laws of the state of Florida, USA, excluding and without giving effect to its choice of law provisions; and (ii) exclusively decided by the courts of competent jurisdiction of the state of Florida, USA, to the exclusion of other courts and fora.

We make no representations that the App is appropriate or available for use outside of the USA. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you choose to access or use the App from or in locations outside of the United States, you are responsible for:

a) ensuring that what you are doing in that country is legal; and

b) the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations.

Class Action Waiver. WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XIV. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease the use of the App.

XV. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVI. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us via our support form.