1. Acknowledgment
This End User License Agreement ("EULA") is a binding contract between you and charactr, inc. ("charactr") governing your use of the Character App mobile apps and related software (the "Licensed Application").
On iOS, you acknowledge that this EULA is between you and charactr, inc. only, and not with Apple.charactr, inc., not Apple, is solely responsible for the Licensed Application and its content. This EULA does not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.
Your use of the Service also requires acceptance of our Terms of Service and Privacy Policy.
2. Scope of License
charactr, inc. grants you a non-transferable, non-exclusive, revocable license to install and use the Licensed Application on any device you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions and in these terms. This license does not allow you to use the Licensed Application on any device you do not own or control, and 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 rent, lease, lend, sell, redistribute, or sublicense the Licensed Application.
3. Restrictions
You may not, and you may not permit any third party to:
- copy (except as expressly permitted by this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Licensed Application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Licensed Application;
- violate any applicable laws, rules, or regulations in connection with your access to or use of the Licensed Application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of charactr, inc. or its affiliates, partners, suppliers, or licensors;
- use the Licensed Application for any revenue-generating endeavor, commercial enterprise, or other purpose beyond what is permitted in our Terms of Service;
- scrape, bulk-export, or otherwise automate extraction of data or outputs from the Service;
- use the Licensed Application to create, train, or fine-tune a competing AI product or model;
- use the Licensed Application for any purpose for which it is not designed or intended.
3.1 Third-party software. The Licensed Application may include third-party software components that are subject to their own license terms (listed in the in-app Licenses screen). Your use of those components is governed by those terms.
4. Ownership
The Licensed Application and all copies of it are the intellectual property of charactr, inc. and its licensors. Title to, ownership rights in, and all intellectual property rights in the Licensed Application remain with charactr, inc. and its licensors at all times.
5. Maintenance and Support
charactr, inc. is solely responsible for providing any maintenance and support services with respect to the Licensed Application. You may contact us at support@character.app. Apple has no obligation whatsoever to furnish maintenance and support services for the Licensed Application.
6. Warranty
charactr, inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of charactr, inc..
7. Product Claims
charactr, inc., not Apple, is responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of it, including (i) product liability claims, (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation.
8. Intellectual Property Rights
You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, charactr, inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
9. Legal Compliance
You may not use, export, or re-export the Licensed Application in violation of any applicable laws or regulations, including without limitation U.S. Export Administration Regulations and OFAC sanctions. 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, including the Specially Designated Nationals List.
10. Third-Party Beneficiary
You and charactr, inc. 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 of it.
11. Termination
This EULA is effective until terminated by you or charactr, inc.. Your rights under this EULA terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies of it from your devices.
Your account and any cloud data are handled separately under our Privacy Policy. You can delete your account at any time from Account > Delete Account.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHARACTR, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, WHETHER 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
13. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CHARACTR, INC. 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CHARACTR, INC. ARISING OUT OF OR RELATING TO THIS EULA OR THE LICENSED APPLICATION SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CHARACTR, INC. IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
14. Governing Law
This EULA is governed by the laws of the State of Delaware, USA, excluding its conflicts-of-law rules. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
15. U.S. Government End Users
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, the Commercial Computer Software and Commercial Computer Software Documentation are 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.
16. Contact
Questions about this EULA? Email support@character.app or write to charactr, inc., 415 Mission Street, 37th Floor, San Francisco, CA 94105.