Gardian AI is licensed to You (End-User) by Sciframe IO, Inc., ("Licensor"), for use only under the terms of this License Agreement. By downloading the Licensed Application from the Apple App Store or Google Play Store, 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 Licensed Application and related services are collectively referred to in this License Agreement as "Services." The parties of this License Agreement acknowledge that the Apple App Store and Google Play Store are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. Sciframe IO, Inc. is solely responsible for the Licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple App Store or Google Play Store Usage Rules. Sciframe IO, Inc. acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them. The Licensed Application, when purchased or downloaded through these Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. The Licensed Application is to be used on devices that operate with Android or iOS.
Sciframe IO, Inc. is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application. Sciframe IO, Inc. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The Licensed 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 Licensed 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 Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed 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 Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 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 Licensed Application and this License Agreement. 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 violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation. Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
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 Licensed 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 Licensed Application. You are solely responsible for your Contributions to the Licensed 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.
Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation. No warranty is provided for the Licensed 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 Sciframe IO, Inc.'s sphere of influence that affect the executability of the Licensed Application. You are required to inspect the Licensed Application immediately after installing it and notify Sciframe IO, Inc. about issues discovered without delay by email at [email protected]. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery. If we confirm that the Licensed Application is defective, Sciframe IO, Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
Scifame IO, Inc. and the End-User acknowledge that Scifame IO, Inc., and not any Services Store Operator or other third party, 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. However, Scifame IO, Inc. expressly disclaims any liability for: (i) the accuracy, reliability, and correctness of any data provided by the Licensed Application, as the data within the app is generated autonomously and without manual intervention by Scifame IO, Inc.; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirements. Scifame IO, Inc. makes no representation that the Licensed Application is appropriate or available for use in all jurisdictions. It is the End-User’s responsibility to ensure that their use of the Licensed Application complies with all local, state, national, and international laws; (iii) claims arising under consumer protection, privacy, or similar legislation, including but not limited to claims related to data privacy and data protection. The End-User acknowledges that the Licensed Application may store and process personal information as part of its functionality. Scifame IO, Inc. shall not be liable for any misuse, unauthorized access, loss, alteration, or disclosure of such data resulting from the End-User’s failure to protect their account or device. The End-User acknowledges that the data provided by the Licensed Application is for informational purposes only and agrees not to rely solely on this data for any decision-making. The End-User accepts full responsibility for verifying the accuracy, completeness, and usefulness of all such data and for the use or misuse of such data. The End-User agrees to indemnify and hold harmless Scifame IO, Inc. against all liabilities, legal fees, damages, losses, costs, and other expenses in relation to any claims or actions brought against Scifame IO, Inc. arising out of any reliance on or use of the data provided by the Licensed Application. Furthermore, Scifame IO, Inc. shall not be held accountable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from the End-User’s use of or reliance on the Licensed Application and its autonomously generated data.
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties. Additionally, You agree to comply with all local, state, national, and international laws and regulations applicable to Your use of the Licensed Application.
The license is valid until terminated by Scifame IO, Inc. or by You. Your rights under this license will terminate automatically and without notice from Scifame IO, Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Sciframe IO, Inc. 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, Sciframe IO, Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims. Ownership of Application and Content: All rights, title, and interest in and to the Licensed Application, including any updates, enhancements, and new features thereto, and all data generated by the Licensed Application, are owned by Sciframe IO, Inc. or its licensors. The End-User acknowledges that they have no right, title, or interest in or to the Licensed Application or the data generated by the Licensed Application, except as expressly set forth in this License Agreement. Use of Open Source Software: The Licensed Application may contain or be distributed with open source software, which is subject to the respective open source license terms. Full details of these open source licenses can be found at https://www.gardian.ai/licenses.html or within the app. The End-User agrees to comply with these open source license terms as part of their use of the Licensed Application. The presence of open source software does not affect the ownership of the proprietary components of the Licensed Application by Sciframe IO, Inc.
This License Agreement is governed by the laws of the State of Delaware, excluding its conflicts of law rules.
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. Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing. Additionally, Scifame IO, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Licensed Application; (ii) any conduct or content of any third party on the Licensed Application; (iii) any content obtained from the Licensed Application; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Scifame IO, Inc. has been informed of the possibility of such damage.