End User License Agreement

This End User License Agreement ("Agreement" or "EULA") constitutes a legally binding agreement between the end user ("You", "User" or "Licensee") and We. ("Company" or "Licensor") governing the use of our software or services. By clicking the "I accept the agreement" button, installing, or using our software or services, You agree to be bound by this Agreement, as well as the Privacy Policy and Terms of Use located at http://www.chatpic.ai/privacy.html and http://www.chatpic.ai/terms.html respectively.

You should not download, install, copy, access, or use any copies of our software or services until you have read and agreed to the terms of this EULA.

If you have any questions, you can contact us at the email address blow: maxd010@163.com

SOFTWARE COVERED BY THIS LICENSE

This Agreement applies to all contents of the downloads, files, disks, CD-ROMs, DVDs, or other media containing our software with which this EULA is applicable, including third-party computer information or software that the Licensor has licensed for inclusion in the Licensed Software, documentation, fonts, modified versions, updates, additions, and copies of the Licensed Software provided to You by us now or in the future.

GRANT OF THE LICENSE

(1) General License Grant

We grants You, subject to the terms and conditions of this Agreement and your payment of the license fee, a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to download, install, activate, and use the Software on the corresponding number of computers, running a validly licensed copy of the operating system for which the Software was designed, for Your personal use or for the internal business use of your company, except as otherwise provided in this Agreement or additional EULA.

Sharing the Software with others, or allowing others to view the contents of this Software, is a violation of the License. You may not make the Software available over a network or in any way provide the Software to multiple users, unless You have purchased a multi-user license from us in advance. We reserves all rights not expressly granted to You in this Agreement.

(2) Trial

If you have downloaded and installed a trial version of the Software, you are granted an evaluation license for the Software. During this time, you may review, demonstrate, and evaluate the Software, as well as all Free Features made available to you. Please note that any Free Feature may become a Premium Feature at any time, without prior notification.

Moreover, the Trial License may, at the Company's sole discretion and without any obligation to maintain such access, grant you a restricted use of selected Premium Features.

SOFTWARE UPDATES

During the term of this Agreement, Licensee may receive notifications for Software Updates and/or Content Updates. The Licensor may decide, at its sole discretion, whether Licensee can obtain such updates free of charge or has to pay for them.

For the purposes of this Agreement, a "Software Update" refers to a new version of the Licensed Software that includes technical modifications, updated information, altered features, or any other changes intended by the Licensor to improve or modify any aspect of the Licensed Software. "Content Update" refers to an update of the content used by the Licensed Software that may require updating from time to time.

If the Licensed Software is an update to a previous version, Licensee must possess a valid license to the previous version. Any update provided by the Licensor to Licensee is made on a license exchange basis, meaning that Licensee agrees to terminate all of its rights to use any previous version of the Licensed Software before receiving an update. However, Licensee may continue to use the previous version only to assist in transitioning to the updated version. Once an update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee.

Software Updates and/or Content Updates may be provided via the Licensed Software or on the Licensor's websites. This License does not permit Licensee to obtain and use a Software Upgrade or a new version of the Licensed Software. The Licensed Software may require Content Updates in order to function effectively. The Licensor may add new functions, music tracks, elements, pictures, videos, or delete original functions, music tracks, elements, pictures, and videos in the updated or upgraded Software.

LICENSE RESTRICTIONS

Your use of our Software and Services is subject to the terms of this EULA, and you agree not to:

  • (a) decompile, reverse engineer, disassemble, attempt to extract the source code of, or decrypt the Software, or allow any third party to do so;
  • (b) modify, adapt, improve, enhance, translate, create derivative works of, or generate activation codes for the Software or any copies of it, obtained in any way from the Software;
  • (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Software;
  • (d) remove, alter, or obscure any proprietary, trademark, copyright markings, or notices placed upon or contained within the Software;
  • (e) sell, resell, rent, lease, sublicense, distribute, assign, or transfer the Software or any copy thereof without the explicit written consent of our Company;
  • (f) use the Software for any purpose other than its Intended Purpose.

TERM

You may choose to purchase different types of Licenses, including a lifetime license or a license for a specific period (e.g., a 3-month plan, a 1-year plan, etc.). If you purchase a lifetime license, you can use it until you terminate it. If you purchase a license for a specific period, you may only use it during that period. You may terminate the license at any time by destroying the Software and all copies of it. The License will automatically terminate or cease to be effective if you fail to comply with any term or condition of this Agreement. Upon termination of the License, you shall destroy and cease using the Software and all copies of it immediately.

COPYRIGHT

The software, including any authorized copies made by the Licensor, is the intellectual property of the Licensor and third parties whose intellectual property has been licensed to the Licensor. The Software's structure, organization, and code are valuable trade secrets and confidential information of the Licensor and such third parties. The software is protected by copyright laws in the United States and other countries, and international treaty provisions. Unless expressly provided in this EULA, you are not granted any intellectual property rights over the Software. You may not make or publish any public statement concerning the Software or the Licensor without the Licensor's prior express written consent.

SUPPORT

The Licensor is not obliged to provide technical support services related to the Licensed Software under this Agreement. However, Licensee may request additional support services for an extra fee or receive free email support as offered by the Licensor from time to time during the term of this EULA. The email support includes technical assistance for installation, troubleshooting, and upgrade and maintenance coverage with business priority.

LICENSE TERMINATION BY US

Subject to the terms and conditions stated in Article 4 and 5, we may terminate this EULA immediately upon serving written notice on the Licensee under the following circumstances: if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within ten (10) business days after receipt of a notice from us. Termination of this EULA will not affect any accrued rights, obligations or liabilities of either party which continue to have effect after termination.

PRIVACY STATEMENT

We is committed to safeguarding the security and privacy of its software and service users and will strictly protect the security of your personal information within the our domain. We will not disclose, share, sell or use your personal information with any third parties, except with your written agreement under relevant laws and regulations.

Under the following circumstances, We will disclose your personal information based on your consent or the law, and you will be responsible for any resulting issues:

  • (a) with your prior authorization;
  • (b) to provide products and services requested by you;
  • (c) in compliance with relevant laws, regulations or requirements of government agencies;
  • (d) to protect our legal rights and interests;
  • (e) in case of any breach of the EULA by you.

WARRANTY DISCLAIMER

WE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE HAD AMPLE OPPORTUNITY TO TEST OUR SOFTWARE FOR LIVE, PUBLIC, OR PRODUCTION USE. YOU ARE RESPONSIBLE FOR SELECTING AND USING OUR SOFTWARE PROPERLY, AND FOR ANY ACTIONS YOU TAKE WHILE USING IT. IF YOU USE OUR SOFTWARE IMPROPERLY OR CONTRARY TO INSTRUCTIONS, YOU MAY DAMAGE YOUR DEVICE, COMPUTER, OR ICLOUD DRIVES, OR EXPERIENCE UNEXPECTED DATA LOSS. YOU BEAR THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF OUR SOFTWARE. THIS DISCLAIMER IS AN ESSENTIAL PART OF THE AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIABILITY LIMITATION

IN NO EVENT SHALL US, ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SOFTWARE, FILES AND FOLDERS CREATED WITH OUR SOFTWARE, FILES SHARED USING OUR SOFTWARE, VIDEOS AND MUSIC DOWNLOADED WITH OUR SOFTWARE, OR YOUR RELATIONSHIP WITH US. WE WILL NOT BE LIABLE FOR ANY ILLEGAL CONTENT YOU SHARE, OR FOR ANY ILLEGAL VIDEOS AND MUSIC YOU DOWNLOAD USING OUR SOFTWARE. WE WILL NOT BE LIABLE FOR ANY DATA LOSS CAUSED BY IMPROPER USE OF OUR SOFTWARE.

INDEMNIFICATION

LICENSEE AGREES TO INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATED TO LICENSEE'S ILLEGAL OR IMPROPER USE OF THE LICENSED SOFTWARE BY ANY THIRD PARTY. THESE OBLIGATIONS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

EXPORT LIMITATIONS

The licensed software may not be used, exported, or re-exported to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.

RESTRICTED RIGHTS NOTICE

The use, duplication, or disclosure of the software by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.

HIGH-RISK ACTIVITIES

Our software is not designed or intended for use or resale as online control equipment in hazardous environments that require fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, where the use of our software could lead to death, personal injury, or severe physical or environmental damage ("High-Risk Activities"). We and its suppliers specifically disclaim any express or implied warranty of fitness for High-Risk Activities.

GENERAL

This Agreement represents the entire agreement between the parties regarding the subject matter herein and supersedes all previous and contemporaneous agreements, proposals, and communications, whether written or oral, between you and us. Any waiver by us of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any disputes relating to our software and services or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree that any claims, actions, or proceedings relating to us or the matters in this Agreement shall be exclusively located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. This Agreement does not create any promises, obligations, or representations for third-party beneficiaries made by us.