Last updated March
15, 2023
MailGenie : AI E-mail assistant is licensed to You (End-User) by Li
Jiehua (hereinafter: Licensor), for use only under the terms of this License
Agreement.
By downloading the Application from the Apple AppStore, and any update
thereto (as permitted by this License Agreement), You indicate that You agree
to be bound by all of the terms and conditions of this License Agreement, and
that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a
Party to this License Agreement and is not bound by any provisions or
obligations with regard to the Application, such as warranty, liability,
maintenance and support thereof. , not Apple, is solely responsible for the
licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the
Application that are in conflict with the latest App Store Terms of Service . Li Jiehua acknowledges
that it had the opportunity to review said terms and this License Agreement is
not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE
APPLICATION
MailGenie : AI E-mail assistant (hereinafter: Application) is a piece
of software created to create texts with the help of the AI - and customized
for Apple mobile devices. It is used to write creative texts with the AI.
The Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Application.
You may not use the Application in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. SCOPE OF
LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Apple-branded
Products that You (End-User) own or control and as permitted by the Usage Rules
set forth in this section and the App Store Terms of Service, with the
exception that such licensed Application may be accessed and used by other
accounts associated with You (End-User, The Purchaser) via Family Sharing or
volume purchasing.
2 . 2 You may not reverse engineer, translate, disassemble, integrate,
decompile, integrate, remove, modify, combine, create derivative works or
updates of, adapt, or attempt to derive the source code of the Application, or
any part thereof (except with Sekterra GmbH's prior written consent).
2 . 3 You may not copy (excluding when expressly authorized by this
license and the Usage Rules) or alter the Application or portions thereof. You
may create and store copies only on devices that You own or control for backup
keeping under the terms of this license, the App Store Terms of Service, and
any other terms and conditions that apply to the device or software used. You
may not remove any intellectual property notices. You acknowledge that no
unauthorized third parties may gain access to these copies at any time.
2 . 4 Violations of the obligations mentioned above, as well as the
attempt of such infringement, may be subject to prosecution and damages.
2 . 5 Licensor reserves the right to modify the terms and conditions
of licensing.
3. TECHNICAL
REQUIREMENTS
3. 1 The Application requires a firmware version 1.0.0 or higher .
Licensor recommends using the latest version of the firmware.
3. 2 You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Application satisfies the technical specifications mentioned above.
3. 3 Licensor reserves the right to modify the technical
specifications as it sees appropriate at any time.
4. MAINTENANCE
AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance
and support services for this licensed Application. You can reach the Licensor
at the email address listed in the App Store Overview for this licensed
Application.
4.2 Li Jiehua and the End-User acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with
respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your
downloaded licensed Application content and Your personal information, and that
Licensor's use of such material and information is subject to Your legal
agreements with Licensor and Licensor's privacy policy: https://aiemail.web.app/privacypolicy.html
6. USER GENERATED
CONTRIBUTIONS
The Application does not offer users to submit or post content. We may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or in
the Application, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated in
accordance with the Application Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us, the
Application, and other users of the Application to use your Contributions in
any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the name
or likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as determined
by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation,
or rule.
10. Your Contributions do not violate the privacy or publicity rights
of any third party.
11. Your Contributions do not contain any material that solicits
personal information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or well-being of
minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any use of the Application in violation of the foregoing violates
these Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Application.
7. CONTRIBUTION
LICENSE
You agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions of other feedback regarding the Application,
you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions. We are
not liable for any statements or representations in your Contributions provided
by you in any area in the Application. You are solely responsible for your Contributions
to the Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
8. LIABILITY
8 .1 Licensor takes no accountability or responsibility for any
damages caused due to a breach of duties according to Section 2 of this
Agreement. To avoid data loss, You are required to make use of backup functions
of the Application to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations or manipulations
of the Application, You will not have access to licensed Application.
9. WARRANTY
9 .1 Licensor warrants that the Application is free of spyware, trojan
horses, viruses, or any other malware at the time of Your download. Licensor
warrants that the Application works as described in the user documentation.
9 .2 No warranty is provided for the Application that is not
executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate hardware
or software, used with inappropriate accessories, regardless if by Yourself or
by third parties, or if there are any other reasons outside of Nazım Can
Altınova 's sphere of influence that affect the executability of the
Application.
9 .3 You are required to inspect the Application immediately after
installing it and notify MailGenie : AI E-mail assistant about issues discovered without delay by
e-mail provided The defect report will be taken into consideration and further
investigated if it has been mailed within a period of ninety (90) days after
discovery.
9 .4 If we confirm that the Application is defective, MailGenie : AI
E-mail assistant reserves a choice to remedy the situation either by means of
solving the defect or substitute delivery.
9 .5 In the event of any
failure of the Application to conform to any applicable warranty, You may
notify the App-Store-Operator, and Your Application purchase price will be
refunded to You. To the maximum extent permitted by applicable law, the
App-Store-Operator will have no other warranty obligation whatsoever with
respect to the App, and any other losses, claims, damages, liabilities,
expenses and costs attributable to any negligence to adhere to any warranty.
9 .6 If the user is an
entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Application was made
available to the user. The statutory periods of limitation given by law apply
for users who are consumers.
10. PRODUCT
CLAIMS
MailGenie : AI E-mail assistant and the End-User acknow ledge that
MailGenie : AI E-mail assistant , and not Apple, is responsible for addressing
any claims of the End-User or any third party relating to the licensed
Application or the End-User’s possession and/or use of that licensed
Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation, including in connection with Your Licensed Application’s use of
the MailGenie : AI E-mail assistant.
11. LEGAL
COMPLIANCE
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.
12. CONTACT
INFORMATION
For general inquiries, complaints, questions or claims concerning the
licensed Application, please contact:
Li Jiehua
China
gformsapp@outlook.com
13. TERMINATION
The license is valid until terminated by Li Jiehua or by You. Your
rights under this license will terminate automatically and without notice from
Li Jiehua if You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the Application, and destroy all copies,
full or partial, of the Application.
14. THIRD-PARTY
TERMS OF AGREEMENTS AND BENEFICIARY
Li Jiehua represents and warrants that Li Jiehua will comply with
applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum
Terms of Developer's End-User License Agreement," Apple and Apple's
subsidiaries shall be third-party beneficiaries of this End User License
Agreement and - upon Your acceptance of the terms and conditions of this
license agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this End User License Agreement against You as a
third-party beneficiary thereof.
15. INTELLECTUAL
PROPERTY RIGHTS
Li Jiehua and the End-User acknowledge that, in the event of any
third-party claim that the licensed Application or the End-User's possession
and use of that licensed Application infringes on the third party's
intellectual property rights, Sekterra GmbH, and not Apple, will be solely
responsible for the investigation, defense, settlement and discharge or any such
intellectual property infringement claims.
16. APPLICABLE
LAW
This license agreement is governed by the laws of China excluding its
conflicts of law rules.
17. MISCELLANEOUS
17 .1 If any of the terms of
this agreement should be or become invalid, the validity of the remaining
provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
17 .2 Collateral agreements,
changes and amendments are only valid if laid down in writing. The preceding
clause can only be waived in writing.