I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Belair Mobile, Inc. (“we,” “us” or “our”), concerning your access to and use of the “NextGen AI Chat Assistant” software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
All the documents that relate to the App are hereby expressly incorporated herein by reference.
Please read this Agreement carefully before you download, install, or use the App.
It is important that you read and understand this Agreement as by downloading, installing, or using the App, you indicate that you have read, understood, agreed, and accepted the Agreement which takes effect on the date on which you download, install, or use the App. By using the App, you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree with at least one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install, or use the App, and you must promptly discontinue downloading and installing the App and remove (delete) the App from any mobile device in your possession or under your control.
II. CHANGES TO THIS AGREEMENT
We, Belair Mobile, Inc., reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the NextGen AI Chat Assistant App after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
In order to download, install, access, or use the App, you must be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are between the ages of thirteen (13) and seventeen (17) years and wish to use, download, install, or access the App, before doing so you must: (a) ensure and confirm (if needed) that your parent or guardian has read and agrees (i.e., get your parent or guardian’s consent) to this Agreement prior to your use of the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent, and/or immoral use of the App by minors who have not reached the age of majority or legal age in the applicable jurisdiction.
Any person under the age of thirteen (13) years is not permitted to download, install, access, or use the App.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App, developed by Belair Mobile, Inc., is intended for entertainment purposes. It leverages Artificial Intelligence models and technologies to enable chatting with AI and receiving responses to your questions. The complete list of features is available on the App’s page in the App Store.
The App is designed solely for your personal, non-commercial use, and you are expected to utilize the App exclusively for the purposes described above.
V. PRIVACY POLICY
Your privacy is very important to Belair Mobile, Inc. Accordingly, we have developed a Privacy Policy to help you understand how we process, use, and store information, including personal data. Access to the NextGen AI Chat Assistant App and use of its services are subject to this Privacy Policy. By accessing the App and continuing to use the services, you acknowledge and accept our data processing practices as outlined in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of it, you must stop using the App immediately.
VI. END USER LICENSE AGREEMENT
By using the NextGen AI Chat Assistant App, you agree to respect the intellectual property rights of Belair Mobile, Inc., including, but not limited to, the App’s source code, UI/UX design, content, copyrights, and trademarks (collectively referred to as “Intellectual Property Rights”), as well as any rights owned by third parties.
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the App solely for personal, non-commercial purposes (the “License”).
You are permitted to use the App exclusively for your own non-commercial purposes and must respect the copyrighted material within the App.
All content within the App, including source code, design, information, photographs, illustrations, artwork, graphic materials, sounds, music, or video (collectively, the “Works”), as well as names, logos, and trademarks (the “Identifiers”), are protected by copyright laws, other relevant laws, and international treaties, and are owned by us, our partners, or contracted third parties, as applicable.
These Works and Identifiers may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcast, or otherwise circulated in whole or in part without express permission from us, our partners, or contracted third parties, as applicable.
All rights, title, and interest in and to the App, including its content, Works, Identifiers, and functionalities: (1) remain the exclusive property of Belair Mobile, Inc., our partners, and/or contracted third parties, (2) are protected by applicable international and national laws, and (3) are not transferred to you, in whole or in part, under this License.
We reserve the right to pursue legal action against any unauthorized use of our trademarks, names, or symbols to protect and enforce our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
THIRD-PARTY MATERIALS AND TOOLS INCORPORATED INTO THE APP
The NextGen AI Chat Assistant App incorporates the OpenAI API, available at OpenAI API Documentation. You may review the relevant API terms and policies at OpenAI Service Terms.
Since we use the OpenAI API to generate and process AI-driven User Content, by using the App, you agree to comply with the terms of OpenAI's Sharing & Publication Policy when sharing or publishing any User Content.
For the purposes of this Agreement, “User Content” includes the text you input into the message field and any AI-generated content produced by the App.
VII. PROHIBITED CONDUCT
You agree not to use the NextGen AI Chat Assistant App in any manner that:
Is unlawful, illegal, or unauthorized.
Defames, harasses, threatens, or bullies any person.
Contains obscene or offensive content.
Infringes on copyrights, database rights, or trademarks.
Promotes or assists in any unlawful act, such as copyright infringement or computer misuse.
Additionally, you are prohibited from uploading, creating, generating, sharing, or distributing User Content that:
Incites Hate or Violence: Expresses, incites, or promotes hate based on identity, or glorifies violence, suffering, or humiliation.
Harassment or Self-Harm: Harasses, threatens, or bullies individuals, or promotes self-harm, including acts like suicide, eating disorders, or cutting.
Explicit Content: Contains explicit sexual content, promotes sexual services, or is designed to arouse sexual excitement (with the exception of sex education or wellness content).
Political Campaigning: Attempts to influence the political process or is used for campaigning purposes.
Spam and Misinformation: Includes unsolicited bulk content, false or misleading information intended to defraud or spread disinformation.
Malicious Software: Attempts to generate or distribute ransomware, viruses, keyloggers, or other harmful software.
Illegal and Immoral Content: Is illegal, defamatory, harmful, deceptive, fraudulent, obscene, sexually explicit, or promotes violation of laws.
Use of Copyrighted and/or Trademarked Materials: You are strictly prohibited from using copyrighted or trademarked content as input data when using the App.
Restrictions on App Use:
You may not make the App available to third parties, nor modify, reverse engineer, decompile, disassemble, or create derivative works from the App or any documentation associated with it.
You are prohibited from transferring, renting, leasing, or distributing the App, or using it to provide services to third parties, or from granting any rights to the App or its documentation to any third party.
Any misuse of trademarks or other content displayed in the App is strictly prohibited.
You must not copy, duplicate, distribute, publish, or use any content within the App in violation of our Intellectual Property Rights.
You are prohibited from using the App for any malicious purposes.
We shall not be held liable for any misuse of the App. Any user who violates this Agreement may be subject to legal action in accordance with applicable laws.
All disputes arising from the use of the App shall be governed by and construed in accordance with the laws of the United States of America and shall fall under the exclusive jurisdiction of the courts in New York, United States of America.
VIII. AVAILABILITY OF THE APP, SECURITY, AND ACCURACY
To use the NextGen AI Chat Assistant App, you must have a compatible mobile phone or tablet with Internet access.
The App is available for download on devices running Apple iOS Operating System 14.0 or later, subject to future updates. We do not guarantee compatibility with all devices or software.
We do not warrant uninterrupted, timely, or error-free access to the App. The App's performance may be affected by factors beyond our control, such as Internet or network conditions.
The App may be updated periodically to enhance its functionality. We reserve the right to modify, update, or suspend access to the App without notice, and may close it indefinitely if necessary.
You agree that any information you provide to Belair Mobile, Inc. is accurate, complete, and up-to-date. If your information changes, you will update it promptly.
You may discontinue using the App at any time by adjusting your iTunes Account Settings. If you choose to stop using the App, please uninstall it from your device.
IX. CHARGES
The NextGen AI Chat Assistant App is available for free, giving you access to its basic features. However, access to specific services and advanced features (“Premium options”) requires a paid subscription.
A detailed list of available Premium options and pricing is provided on the App’s page. You may also have an option to try these Premium features during a free trial period, as specified on the signup screen.
Once the free trial period ends, an auto-renewing subscription begins. Please be aware that unless you cancel your subscription at least 24 hours before the trial period expires, you will be automatically charged. Even if you cancel the subscription, you will still have access to the basic features of the App.
Subscription Details:
Multiple subscription options are available. Prices are listed in U.S. dollars but may vary in other countries. All subscription-related information, including pricing and trial duration, is clearly displayed on the signup screen before you complete your purchase.
Subscriptions with a free trial will automatically convert to a paid subscription after the trial ends. Any unused portion of the free trial will be forfeited if a subscription is purchased before the trial ends.
We reserve the right to modify, terminate, or change subscription plans at any time.
Auto-Renewal and Cancellation:
Subscriptions renew automatically 24 hours before the current subscription period ends. You can turn off auto-renewal in your iTunes Account Settings at least 24 hours before the current period ends.
Payment is charged to your iTunes Account upon purchase confirmation. Cancellations of the current subscription are not allowed during the active subscription period. Managing subscriptions is your responsibility; deleting the App does not cancel your subscription.
Mobile and Data Charges:
Your mobile service provider may charge you for downloading or accessing the App, including potential data roaming charges if you use the App outside your home region. All such charges are your responsibility.
If you are not the bill payer for your mobile device, ensure you have permission from the bill payer before incurring such charges.
X. THIRD-PARTY WEBSITES AND RESOURCES
The NextGen AI Chat Assistant App may contain links to external websites or resources operated by third parties. Belair Mobile, Inc. does not control and assumes no responsibility for the content of any linked websites or apps, unless we are the direct providers of those resources. These links are provided solely for your convenience on an “as is” basis, without any express or implied warranties regarding their content.
By using such third-party websites or resources, you acknowledge and accept all associated risks.
If you have concerns or complaints regarding any third-party websites or apps (including issues like product defects, orders, or refunds), you must address these directly with the respective third-party operator.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE NEXTGEN AI CHAT ASSISTANT APP AND ITS SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL SERVICES, MATERIALS, INFORMATION, SOFTWARE, AND CONTENT PROVIDED THROUGH THE APP ARE OFFERED "AS IS" AND "AS AVAILABLE." BELAIR MOBILE, INC. MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, OR MATERIAL OFFERED UNDER THIS AGREEMENT. WE DO NOT GUARANTEE THAT THE APP'S FUNCTIONS WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR ITS SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL BELAIR MOBILE, INC. BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE NEXTGEN AI CHAT ASSISTANT APP OR THE SERVICES PROVIDED BY THE APP. BELAIR MOBILE, INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELAIR MOBILE, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM PRODUCTS, SERVICES, OR INFORMATION PROVIDED BY THIRD PARTIES THAT ARE ACCESSED THROUGH THE APP OR OTHERWISE.
You specifically acknowledge that Belair Mobile, Inc. is not liable for any costs or damages resulting from private or governmental legal actions related to your use of the App or its services in any jurisdiction.
You further acknowledge and agree that your use of the App, including any content you input or generate via the App, is entirely at your own risk. You assume full responsibility for any consequences arising from your use of the App or the subsequent sharing and distribution of any content generated through the App.
Additionally, you agree to indemnify and hold harmless Belair Mobile, Inc., its successors, assigns, licensees, partners, affiliates, officers, directors, and employees from and against any claims, liabilities, complaints, losses, expenses, or damages arising from your use of the App, including content generated via the App, or from your failure to comply with the terms of this Agreement.
XIII. LEGAL COMPLIANCE
You represent and warrant that:
You are not located in a country that is subject to a U.S. Government embargo, nor are you located in a country designated by the U.S. Government as a “terrorist supporting” country.
You are not listed on any U.S. Government list of prohibited or restricted parties.
By using the NextGen AI Chat Assistant App, you agree to comply with all applicable laws and regulations, including those related to export controls and sanctions as enforced by the United States. Belair Mobile, Inc. reserves the right to terminate access if legal compliance is violated.
XIV. THIRD-PARTY BENEFICIARY
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement. By accepting this Agreement, you grant Apple the right (and Apple will be deemed to have accepted the right) to enforce the terms of this Agreement as a third-party beneficiary.
This means that Apple has the authority to uphold the terms outlined here, specifically with regard to your use of the NextGen AI Chat Assistant App on any Apple devices, ensuring compliance with the relevant conditions set forth by Belair Mobile, Inc.
XV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA.
Belair Mobile, Inc. makes no representations that the NextGen AI Chat Assistant App is suitable or available for use in locations outside the United States. Users who access or use the App from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
If you access or use the App from outside the United States, you are responsible for:
a) Ensuring that your actions are legal in that jurisdiction.
b) Complying with all applicable laws, regulations, codes of practice, licenses, permits, and authorizations.
Any claims arising out of or related to this Agreement shall be exclusively decided by courts of competent jurisdiction in Dover, State of Delaware, USA, and applicable federal law shall govern, without regard to conflict of law principles.
Waiver of Class Action Rights: You agree to waive any right to pursue class action claims against us.
In the event of a dispute, both parties agree to provide written notice detailing the issue and proposed resolution. The parties will then engage in good faith dialogue for sixty (60) days to attempt resolution, although neither party is obligated to agree to terms they find unsatisfactory.
XVI. TERMINATION
Belair Mobile, Inc. reserves the right to terminate this Agreement at its sole discretion for any reason and at any time.
Upon termination of this Agreement:
a) All rights and licenses granted to you herein shall immediately cease.
b) You must stop using the NextGen AI Chat Assistant App and remove it from all devices on which it is installed.
Termination may occur without prior notice, and Belair Mobile, Inc. shall not be liable for any consequences or damages resulting from such termination.
XVII. SEVERABILITY
If any provision of this Agreement is found to be illegal, invalid, or unenforceable, such provision shall be modified to the extent necessary to make it legal, valid, and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions of this Agreement shall continue in full force and effect.
You are not permitted to assign or transfer this Agreement, or any of your rights and obligations under it, without the prior written consent of Belair Mobile, Inc.
XVIII. CONTACT INFORMATION
We reserve the right to respond to user support requests at our discretion. If you wish to submit a support request or have questions about this Agreement or the App, please contact us via email at support@belairmobile.tech