This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Somo AI ("Licensor") regarding the Somo AI mobile application software ("Licensed Application") that you download from the Apple App Store.
By installing, copying, or otherwise using the Licensed Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Licensed Application.
1. Grant of License
Subject to your compliance with the terms of this EULA, Somo AI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Licensed Application on an Apple-branded product that you own or control, and to access and use the services provided through the Licensed Application ("Services"), solely for your personal, non-commercial purposes. This license is granted solely for the purpose of enabling you to use the Services as provided by Somo AI, in the manner permitted by this EULA and our User Agreement.
2. Restrictions on Use
You may not:
Copy (except for a single copy for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Licensed Application, any updates, or any part thereof.
Use the Licensed Application for any commercial purpose, or in any manner not expressly authorized by this EULA.
Use the Licensed Application to infringe upon any third party's intellectual property rights or to create content that is illegal, obscene, defamatory, or otherwise objectionable.
Remove, alter, or obscure any proprietary notices (including copyright notices) on the Licensed Application.
Use the Licensed Application in a way that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
3. Intellectual Property Ownership
Somo AI and its licensors retain all right, title, and interest in and to the Licensed Application, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights therein. The Licensed Application is licensed, not sold, to you. You do not acquire any ownership rights in the Licensed Application or the Services through your use.
4. User-Generated Content and AI Output
You retain ownership of the original content you upload to the Licensed Application. However, by using the Services, you grant Somo AI a worldwide, royalty-free, non-exclusive license to use, host, store, and process such content solely for the purpose of providing and improving the Services. You are solely responsible for the content you create, generate, or share using the Licensed Application. Somo AI does not claim ownership over the AI-generated outputs created by you using the Services, but you acknowledge that such outputs are derived from and dependent on our proprietary technology and systems. You agree not to misrepresent AI-generated content as human-created where disclosure is required by law or applicable guidelines.
5. Termination
This EULA is effective until terminated by you or Somo AI. Your rights under this license will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
6. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SOMO AI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND 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. SOMO AI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THIS EULA SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE PAST SIX MONTHS.
8. Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Third-Party Beneficiary
You 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.
10. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any disputes arising out of or related to this EULA or your use of the Licensed Application shall be resolved in accordance with the dispute resolution provisions set forth in the separate User Agreement governing the Services.
11. Entire Agreement
This EULA, together with the Somo AI User Agreement and Privacy Policy, constitutes the entire agreement between you and Somo AI concerning the Licensed Application and supersedes all prior understandings.