This Licensed Application End User License Agreement (the "Agreement") is a legal agreement between you ("User" or "you") and the Application Provider ("Licensor"), governing your use of the CharmUp AI mobile application (the "Licensed Application"). By installing or using the Licensed Application, you agree to be bound by the terms of this Agreement.
CharmUp AI is designed to generate AI-driven replies or suggestions based on conversations and user-uploaded screenshots. You understand and agree that any content you upload, including screenshots of conversations, is uploaded at your own risk, and that you have all necessary rights and permissions to share such content. CharmUp AI provides AI-generated suggestions for informational and entertainment purposes only and does not guarantee the accuracy, reliability, or efficacy of such suggestions.
Title: Premium Subscription (CharmUp AI)
Length of Subscription: 1 Week
Price: $14.99 AUD per week (Non-refundable)
Renewal: Subscriptions renew automatically unless canceled at least 24 hours before the end of the current period.
Cancellation: If you wish to cancel your subscription, you can manage it through your device settings.
You acknowledge and agree that all subscription fees are charged in advance on a recurring weekly basis, and all payments are non-refundable. If you do not wish to continue your subscription, you must cancel it before the renewal date.
Licensor grants you a nontransferable, nonexclusive license to use the Licensed Application on devices that you own or control and as permitted by the applicable Usage Rules. 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. You may not copy (except as permitted by this license and the applicable Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any part thereof, except as permitted by applicable law.
You agree that Licensor 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. Licensor 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.
(a) User-Uploaded Content: By uploading screenshots or other content, you represent and warrant that you hold all necessary rights, licenses, and permissions to share such content. You agree that any content you upload does not violate any law or the rights of any third party.
(b) Indemnification for User Content: You will defend, indemnify, and hold harmless Licensor (including its affiliates, officers, directors, employees, and agents) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from or arising out of your User-Uploaded Content or any breach by you of this Agreement.
You agree to indemnify, defend, and hold harmless Licensor, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors from any claim, demand, loss, liability, or expense (including attorneys’ fees) arising out of or related to: (a) your use or misuse of the Licensed Application; (b) any breach of this Agreement or violation of any law or regulation; or (c) your infringement or misappropriation of the rights of any third party.
This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms. Upon termination of this Agreement, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any External Services and shall not be liable for any such third-party services.
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 LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.
You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the jurisdiction in which the Licensed Application was obtained and any other applicable laws. You agree to comply with all export laws, restrictions, and regulations of any applicable agencies or authorities.
The Licensed Application and related documentation are "Commercial Items," as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
This Agreement, and any dispute arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. You and Licensor irrevocably agree that the courts of New South Wales, Australia, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
This Agreement constitutes the entire agreement between you and Licensor concerning the subject matter hereof and supersedes any prior or contemporaneous understandings, representations, statements, or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect.
BY INSTALLING OR USING CHARMUP AI, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.