aicodebase designs and publishes mobile applications that are made available through app marketplaces, including the Apple App Store and Google Play (our “Apps”), together with the websites and online features we operate (collectively, the “Services”). These Terms of Use (this “Agreement”) set out the conditions on which you may use the Services. By downloading, opening or otherwise using any part of the Services, you confirm that you have read and accept this Agreement. If you do not accept it, please do not use the Services. Unless a particular feature states otherwise, the Services are free to download and use, although certain features may allow you to make purchases from within them.
1. About this Agreement
When you download one of our Apps you accept this Agreement and our Privacy Policy. Your relationship with aicodebase is governed solely by these two documents, both of which are available on our website at aicodebase.com. Each time you install one of our Apps on a device, a fresh agreement is formed on these terms and applies to your use of that App.
The marketplace or platform from which you obtain an App may also impose its own terms, which separately govern your relationship with that marketplace or platform.
You confirm that you are at least 16 years old. If you are under 18, you may download and use our Apps only if a parent or legal guardian has reviewed this Agreement and permitted you to do so. We may, at any time, ask for reasonable proof of your identity and age, and of any required parental or guardian consent. You also confirm that you are using our Apps as a private individual; commercial use of our Apps is not permitted.
2. End-User License
2.1 License grant
Subject to this Agreement, aicodebase grants you a personal, non-exclusive, non-transferable license to (a) use our Apps for your own personal purposes and (b) download, install and run the number of copies you are authorized to obtain from the relevant download source, on a mobile device that you own or control.
2.2 Compliance with local law
You alone are responsible for complying with every law that applies to your use of the Apps, including any applicable export and import rules.
2.3 Changes to the Apps
We may modify, suspend or discontinue an App, or any part of it, at any time, with or without notice. We will not be liable to you or to any third party for doing so.
2.4 Ownership
The Apps are licensed to you, not sold. aicodebase (and, where relevant, its licensors) retains all rights, title and interest in and to the Apps, including all associated intellectual-property rights, except for your User Content (defined below). This Agreement transfers no ownership rights to you. The aicodebase name, logo and product names are ours (or our licensors’), and no right to use them is granted by implication or otherwise. All rights not expressly granted here are reserved.
2.5 Advertising
When you open or close an App it may show an advertisement, and while you use an App you may see banners, rewarded videos and/or interstitial ads.
3. User Content
3.1 Your responsibility
“User Content” means any content that you upload, share or otherwise make available through an App. You are solely responsible for your User Content and assume all risks associated with it, including others relying on it or it being used to identify you or someone else. You represent that your User Content does not breach the Acceptable Use rules below, and you must not suggest that it is provided, sponsored or endorsed by aicodebase. We are not obliged to store or back up User Content, and it may be removed at any time; keeping your own backups is your responsibility.
3.2 License you grant to us
By making User Content available through an App, you grant aicodebase an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license (with the right to sublicense) to reproduce, distribute, display, perform, adapt and otherwise use that User Content for the purpose of displaying it within the App. You confirm that you hold the rights necessary to grant this license.
3.3 Feedback
If you send us comments or suggestions (“Feedback”), you assign all rights in that Feedback to aicodebase, which may use it however it sees fit. We treat Feedback as non-confidential, so please do not send us anything you consider confidential or proprietary.
3.4 Acceptable Use
You agree not to use any App to upload, share or otherwise make available User Content that:
- infringes any third-party right, including copyright, trademark, patent, trade-secret, moral, privacy, publicity or other proprietary rights;
- is unlawful, defamatory, false or deliberately misleading;
- is harassing, abusive, threatening, harmful, obscene or offensive, or that contains pornography or graphic violence, or that promotes violence, discrimination, hatred or harm against any individual or group, or is otherwise objectionable;
- is harmful to minors in any way;
- is unsolicited or unauthorized advertising, junk mail, spam, chain letters or pyramid schemes; or
- breaches any law, regulation or contractual duty.
You also agree not to use any App to:
- distribute viruses, worms, malicious code or any software intended to damage or alter systems or data;
- collect data about other users (such as email addresses) without consent, including by means of bots, spiders or scrapers;
- disable, overburden or otherwise interfere with the servers or networks connected to an App, including any denial-of-service attack;
- attempt to gain unauthorized access to an App or to connected servers or networks, for example through password mining; or
- interfere with another user’s enjoyment of any App.
3.5 Enforcement
We may (but are not required to) review User Content at our discretion, and we may remove or modify it at any time, for any reason, with or without notice to you.
4. Term and Termination
This Agreement runs for an indefinite period. Either party may end it on 14 days’ notice given in writing or by electronic means such as email. You may also end it immediately by deleting the App from your device.
If we reasonably believe that you have materially breached this Agreement, we may suspend your access to an App and/or terminate this Agreement. A breach of Section 2 or Section 3.4 is treated as a material breach. Either party may also terminate immediately, without notice, for cause, including a material breach of these terms.
When this Agreement ends, you will no longer be able to access the relevant App, and your in-app progress and other App-related data may be deleted. If we continue to operate the App, you may download or access it again, which starts a new agreement; however, previously deleted App data cannot be restored.
We may also, at our discretion and at any time, suspend your right to use an App or terminate this Agreement, with or without notice, including where we believe in good faith that you have breached the Acceptable Use rules or any other part of this Agreement. We may, in particular, terminate the Agreement of any user who repeatedly infringes third-party copyright. On termination, your right to use the App ends immediately and your associated User Content may be deleted from our live systems, for which we will have no liability to you. The following Sections survive termination: 2.2, 2.3, 2.4, 2.5, 3, 4, 5, 6, 7, 8, 9 and 10.
5. Indemnity
You agree to defend, indemnify and hold aicodebase (and its suppliers) harmless from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) brought by third parties and arising out of or relating to (i) your use of any App, (ii) your User Content, or (iii) your breach of this Agreement. We may, at your expense, assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate with that defense and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim once we become aware of it.
6. Third Parties
6.1 App marketplaces
The availability of an App depends on the marketplace from which you obtained it, such as the Apple App Store or Google Play (each an “Application Store”). This Agreement is between you and aicodebase, not the Application Store, which is not responsible for the App, its content, maintenance, support or warranties, or for handling any related claims. You agree to pay any fees the Application Store charges in connection with the App and to comply with its applicable terms. Each Application Store (and its affiliates) is a third-party beneficiary of this Agreement and may enforce it.
6.2 Third-party services
We may allow certain third-party features (such as leaderboards or advertising networks) to provide content within an App (“Third-Party Services”). Where this involves sharing information, we do so as described in our Privacy Policy. We do not control Third-Party Services, do not endorse them, and provide them only for your convenience; you use them at your own risk and subject to the relevant third party’s own terms and privacy policies.
6.3 Other users
An App may contain User Content provided by other users. We do not control that content, are not obliged to review it, and make no representations about it. You interact with other users at your own risk, and any dispute between you and another user is solely between you; we are under no obligation to get involved.
6.4 Release
You irrevocably release aicodebase (and its suppliers) from any and all claims, known or unknown, relating to your interactions with any Third-Party Service, other users, or third-party advertisers. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7. Disclaimers
The Apps are provided “as is” and “as available,” and aicodebase (and its suppliers) disclaims all warranties and conditions of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We do not warrant that any App will meet your requirements, be available uninterrupted, timely, secure or error-free, or be accurate, reliable, complete, legal or safe. Because some jurisdictions do not allow the exclusion of implied warranties, parts of this section may not apply to you.
8. Limitation of Liability
To the fullest extent permitted by law, aicodebase (and its suppliers) will not be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or relating to this Agreement or to any App, even if we have been advised of the possibility of such damages. You access and use the Apps at your own risk and are solely responsible for any damage to your device or loss of data. Our total liability arising out of or relating to this Agreement, for any cause and regardless of the form of action, will at all times be limited to the amount you have paid us in the 12 months before the claim arose (if any). Because some jurisdictions do not allow certain limitations of liability, parts of this section may not apply to you, and you may have additional rights that vary by jurisdiction.
9. Fees
9.1 In-app purchases
We may license to you virtual items for use within an App, which you can buy with real money or earn through use (“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable and revocable basis, for non-commercial use only. We may manage, modify or remove Virtual Items at any time, with or without notice. Transferring Virtual Items is prohibited unless expressly permitted within the Services. Virtual Items have no cash value and are not a substitute for real money, and neither we nor anyone else is obliged to exchange them for anything of value. Prices and availability may change without notice. To the extent permitted by mandatory law, all purchases and redemptions of Virtual Items are final and non-refundable; you acknowledge that delivery begins immediately on purchase and that you forfeit any withdrawal right once performance has started. You will not receive money or other compensation for unused Virtual Items, whether you lose your license voluntarily or otherwise, and if you ask us to erase your personal data, you will permanently lose your Virtual Items without a refund, since we can no longer associate them with you.
9.2 Subscriptions
Some parts of the Services are billed on a subscription basis (“Subscriptions”), giving ongoing access to content or features for a set period (the “Subscription Period”). Payment is taken from your App Store or Google Play account when you confirm the Subscription. Where a free trial is offered, your Subscription begins as soon as the trial is activated; unless you cancel before the trial ends, the subscription fee is charged when the trial expires. Subscriptions renew automatically unless you turn off auto-renewal at least 24 hours before the current period ends, and the fee is charged within the 24 hours before renewal. If payment cannot be taken, the Subscription is cancelled automatically. You can manage your Subscription and switch off auto-renewal at any time in your store account settings, but you cannot cancel a Subscription that has already been activated for the current period. Except where required by law, fees are non-refundable. We may change subscription fees; any change takes effect at the end of the current period, and you will be given reasonable prior notice. All billing is handled by the App Store or Google Play under their own terms, so please contact them directly with any payment issues.
10. General
10.1 Changes
We may revise this Agreement from time to time. If we make material changes, we will post notice on our website, and the changes take effect on the earlier of 30 days after we email you (where applicable) or 30 days after we post the notice; for new users, changes are effective immediately. Continuing to use our Apps after notice means you accept the updated terms. The date of the latest update appears at the top of this page, and we recommend revisiting it periodically.
10.2 Notices
Any notice to aicodebase under this Agreement should be sent to hello@aicodebase.com.
10.3 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions stay in effect, and the affected provision will be modified to the minimum extent needed to make it valid and enforceable.
10.4 Entire agreement
This Agreement, together with our Privacy Policy, is the complete and exclusive agreement between you and aicodebase regarding the Services and supersedes all prior agreements on the subject. Our failure to enforce any right is not a waiver of it. Section titles are for convenience only, and “including” means “including without limitation.” You are an independent user, not our agent or partner. You may not assign this Agreement without our prior written consent, and any attempt to do so is void; we may assign it in connection with a merger, acquisition, reorganization or sale of assets. These terms bind permitted assignees.
11. Additional Terms for the Apple App Store
The following additional terms apply if you obtained an App from the Apple App Store. Where they are more restrictive than, or conflict with, the rest of this Agreement, these terms apply, but only with respect to Apps obtained from the Apple App Store.
- Acknowledgement. This Agreement is between you and aicodebase only, not Apple, and aicodebase, not Apple, is solely responsible for the Apps and their content.
- Scope of license. Your license is limited to using the App on an Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple media services terms.
- Maintenance and support. aicodebase is solely responsible for any maintenance and support; Apple has no obligation to provide it.
- Warranty. aicodebase is responsible for any product warranties. If an App fails to conform to an applicable warranty, you may notify Apple, which may refund the purchase price (if any); otherwise Apple has no warranty obligation, and any other claims are aicodebase’s responsibility.
- Product claims. aicodebase, not Apple, is responsible for addressing claims relating to the Apps, including product-liability, legal-compliance and consumer-protection claims.
- Intellectual property. If a third party claims that an App infringes its intellectual-property rights, aicodebase, not Apple, is solely responsible for the investigation, defense and resolution of that claim.
- Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Contact. Questions, complaints or claims about an App may be directed to aicodebase at hello@aicodebase.com.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
Contact
aicodebase
8 The Grn # A
Dover, Delaware 19901-3618
United States
hello@aicodebase.com