Terms of Use and End User License Agreement

Last updated: 03 March 2024

I. INTRODUCTION

Welcome to the Terms of Use and End User License Agreement (collectively referred to as the “Agreement”), which, along with referenced documents, constitute a binding legal contract between you (“you”, “your”, or “user”) and Wheele Activity Software Inc (“we”, “us”, “our”). This Agreement governs your use of the AiGen software application for mobile devices (the “App”). Please note that the App's name may vary in different countries and is subject to change without prior notice.

All related documents are incorporated by reference into this Agreement.

Carefully read this Agreement before downloading, installing, or using the App.

Your act of downloading, installing, or using the App signifies your acknowledgement and agreement to these terms, commencing from the first date of usage.

Should you disagree with any part of this Agreement, do not access, download, install, or use the App. If the App is already downloaded, it must be deleted from all devices under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right to amend this Agreement at our sole discretion. Any changes will be posted by updating this Agreement. Regular review of this Agreement is advised. Continued use of the App following an Agreement update implies your acceptance of the amended terms.

III. ELIGIBILITY TO USE THE APP

You must be of legal age or have reached the age of majority in your jurisdiction to download, install, or use the App.

Individuals under 18 require parental or guardian consent and supervision. Those aged 13 to 17 must ensure parental or guardian agreement to this Agreement before using the App.

Users under 13 are strictly forbidden from downloading, installing, accessing, or using the App.

By using the App, you confirm that you meet the age requirements, are an emancipated minor, or possess valid parental or guardian consent, and fully understand and agree to the terms and conditions of this Agreement.

Note: The avatar feature is off-limits to minors. Usage of the avatar feature or other App functionalities by minors in violation of this section will result in termination of their access to the App.

IV. GENERAL TERMS

The App is designed to provide entertainment through AI-based image generation tools. Detailed functionalities can be found on the App's description page in the App Store.

V. PRIVACY POLICY

We prioritize your privacy. Our Privacy Policy outlines our practices regarding data handling, including personal information. Use of the App signifies your acceptance of the Privacy Policy, which may be amended periodically. Disagreement with the Privacy Policy should lead to immediate cessation of App usage.

VI. END USER LICENSE AGREEMENT. USER CONTENT RULES

APP INTELLECTUAL PROPERTY RIGHTS

This section excludes User Content (defined later). Users are expected to respect and uphold the Intellectual Property Rights pertaining to the App's source code, design, content, and trademarks.

USER CONTENT

• Usage of Generated Content

The App enables you to submit content (Input Content) and create AI-based content (Output Content). You maintain all rights to your User Content and are free to use it for commercial purposes.

• Permissions and Usage of User Content

By using the App, you grant us and our partners a temporary, revocable, non-exclusive, worldwide, royalty-free license to use your User Content for certain purposes, including the enhancement and improvement of the App's avatar feature.

Input Content related to the avatar feature is purged within 24 hours; Output Content is deleted after 30 days, unless retained longer by the user.

Restrictions on Input Content

You are responsible for ensuring that your Input Content is lawful, appropriate, and does not violate any rights. Further details are provided in Section VII.

VII. PROHIBITED USES

You agree to refrain from using the App for illegal, defamatory, obscene, infringing, or harmful purposes.

Additional Restrictions on AI Model Use

Moreover, you agree not to use the App or User Content in a manner that breaches laws, exploits or harms minors, spreads misinformation, or discriminates against individuals or groups.

Prohibition of Inappropriate User Content

Uploading illegal, harmful, deceptive, or offensive User Content is strictly forbidden.

Responsibility for Uploaded Input Content

You warrant that you own or have necessary rights to all Input Content uploaded to the App.

Child images or likenesses are strictly prohibited.

Other General Restrictions and Terms

You agree not to redistribute the App or use it for unauthorized purposes.

VIII. APP AVAILABILITY, SECURITY, AND ACCURACY

Use of the App requires a compatible device and internet connection. Continuous or error-free access is not guaranteed.

IX. FEES

The App is generally free, but some features may require in-app purchases. Subscriptions renew automatically unless canceled.

X. THIRD-PARTY WEBSITES AND RESOURCES

We are not liable for third-party websites linked from the App.

XI. DISCLAIMER OF WARRANTIES

The App is provided "as is" and used at your own risk. We disclaim all warranties related to the App's functionality or content.

XII. LIMITATION OF LIABILITY AND INDEMNIFICATION

We bear no liability for any damages related to the App, User Content, or third-party services. You agree to indemnify us from any claims related to your use of the App or User Content.

XIII. LEGAL COMPLIANCE

You agree to adhere to U.S. legal restrictions on embargoes and prohibited entities.

XIV. THIRD-PARTY BENEFICIARY

Apple Inc. and its subsidiaries are third-party beneficiaries of this Agreement.

XV. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of Florida, U.S.A. Disputes will be resolved in Florida courts. You relinquish the right to participate in class action lawsuits.

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time. Upon termination, all granted rights and licenses cease, and you must discontinue using the App.

XVII. SEVERABILITY

Unlawful or unenforceable provisions will be modified or omitted. Remaining provisions stay in effect.

XVIII. CONTACT INFORMATION

For support or inquiries, reach out to us at support@aigen.mobi.

Copyright © 2024 Wheele Activity Software Inc 30 N Gould St, Sheridan, Wyoming 82801, US