End User License Agreement
This End User License Agreement (the "EULA" or "Agreement") is a binding legal contract between you (the "End-User" or "You") and Mobinuity Ltd, a company registered in England and Wales under company number 16258625, with its registered office at 24-26 Arcadia Avenue, London N3 2JU, United Kingdom ("Mobinuity", "we", "us", "our", or "Developer"), governing your use of the Its AI? mobile application and any related content, updates, and services (collectively, the "Licensed Application").
By downloading, installing or using the Licensed Application, You acknowledge that You have read, understood, and agree to be bound by this Agreement. If You do not agree, do not download or use the Licensed Application.
1. Acknowledgment
You and Developer acknowledge that this EULA is concluded between You and Developer only, and not with Apple Inc. ("Apple"). Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for the Licensed Application that conflict with the Apple Media Services Terms and Conditions as of the effective date (which You acknowledge You have had the opportunity to review).
2. Scope of License
Developer grants You a non-transferable license to use the Licensed Application on any Apple-branded products that You own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Developer that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if You sell Your Apple device to a third party, You must remove the Licensed Application from the device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
3. Consent to Use of Data
You agree that Developer may collect and use technical data and related information — including but not limited to technical information about Your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Licensed Application. Developer may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Important: The Licensed Application transmits photos, videos, audio, and text content that You submit to Google's Gemini API for the purpose of AI-generated-content detection. Detailed information about what is transmitted, how, and to whom is provided in our Privacy Policy. Your in-app consent to that transmission is collected on first launch and is required for the Licensed Application to function.
4. Termination
This EULA is effective until terminated by You or Developer. Your rights under this EULA will terminate automatically without notice from Developer if You fail to comply with any term(s) of this EULA. Upon termination, You shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
5. Services and Third-Party Materials
The Licensed Application may enable access to Developer's and third-party services and websites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You acknowledge that, by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Developer and its licensors and agents do not warrant the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Services content. In no event will Developer, its licensors, or its agents be liable in any manner for any Services content.
AI-detection results are probabilistic and not absolute proof. The Licensed Application provides estimates that should be used as guidance only. You agree not to use Services results as the sole basis for any consequential decision (legal, employment, journalistic, academic-misconduct, or otherwise) about a person, entity, or piece of content.
6. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Developer's total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of (a) the amount You paid to Developer in the twelve (12) months preceding the claim, or (b) USD 50.
8. You may not use or otherwise export or re-export the Licensed Application
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
9. The Licensed Application and related documentation are "Commercial Items"
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Governing Law
The laws of England and Wales, excluding its conflicts-of-law rules, govern this Agreement and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, except where mandatory consumer-protection rules of Your country of residence provide otherwise.
11. Subscriptions
The Licensed Application offers auto-renewable subscriptions. Subscription duration, price, and the terms of the introductory free trial (where applicable) are clearly displayed on the in-app purchase screen prior to purchase. Subscriptions automatically renew at the end of each period unless cancelled at least 24 hours before the period ends. Cancellation can be done at any time in iOS Settings > [Your Apple ID] > Subscriptions. Refunds are handled by Apple per Apple's policy.
12. Contact Information
For general inquiries relating to this EULA or the Licensed Application, including any questions concerning ownership exceptions in Section 6, please contact:
- Mobinuity Ltd
- 24-26 Arcadia Avenue, London N3 2JU, United Kingdom
- Email: support@mobinuity.com
13. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Licensed Application. By using the Licensed Application, You acknowledge that the AI-detection functionality is powered by Google's Gemini API, and Your use of such functionality is also subject to Google's Generative AI APIs Additional Terms of Service.
14. Third-Party Beneficiary
You and Developer acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.
15. Changes to this EULA
Developer may revise this EULA from time to time. Material changes will be notified to You by means of a notice within the Licensed Application or by updating the "Last updated" date at the top of this document. Your continued use of the Licensed Application after such changes constitutes Your acceptance of the revised EULA.