Eney Terms of Service
Effective date: 22 May 2025
Legal Notice: Eney is currently made available as a beta version to a very limited number of users registered in the waitlist. Being beta, Eney may contain defects, limited functionality, or other issues inherent to pre-release software. Therefore, Eney is provided on an “AS IS” basis (see the section on Warranty Disclaimer for more details). By accessing or using Eney, you acknowledge and accept these limitations.
We strongly recommend that you review these Terms of Service. Eney Beta Version (the “Terms”) carefully prior to use to ensure you fully understand the applicable rights, obligations, and limitations governing your access to and interaction with the beta version of the product.
Preamble
Eney is an AI-powered assistant which exists to simplify your interactions with different apps and complex workflows by completing your tasks and automating them, providing suggestions.
Eney is a Computerbeing – an AI-powered companion that transforms how people interact with their Mac by combining human-like intelligence with proactive task completion, benefiting creators who rely on their Mac devices and struggle with digital task management complexity.
Eney is a standalone app, but it’s also deeply connected to Setapp. It works as part of Setapp’s system—helping you discover and use other apps within Setapp, or even completing certain tasks directly if Eney is integrated with those apps (see the section on Third-Party App Integrations for more details).
Because of this close connection, using Eney also means you're interacting with parts of Setapp. So, before using Eney, please make sure to review the Setapp Terms of Use and the policies included in them.
Under these Terms, the “Services” include the full range of features and capabilities that Eney offers. You can view the complete list of Eney’s skills here.
Eney is an AI system that operates by integrating and building upon AI models (third parties and ours) and APIs to third-party AI Services (see the section on AI Models and APIs to third-party AI Services for more details).
While we are actively engaged in the development of our proprietary AI models and fine-tuning of the Llama 3.2 model, these processes are ongoing.
We conduct training of models on synthetic datasets generated for this purpose. These datasets may be further reviewed and refined through human-in-the-loop (HITL) processes to enhance model accuracy and alignment.
Acceptance of Terms of Service.
Eney Beta Version.
Binding Agreement. These Terms constitute a legally binding agreement between the customer (“you”, “Customer”, “User”) and MacPaw Way Ltd., registration number 428214, or our affiliates (“MacPaw”, “we” or “us”). You agree to be bound by these Terms whenever you use Eney and Services. Therefore, by using Eney, you expressly accept and agree to comply with these Terms. "Use" or "using" means to download, install, access and/or use Eney beta version application and Services. If you do not agree to these Terms, do not use Eney or simply delete it from your computer. Each time you use Eney, the current version of these Terms will apply.
Privacy Notice. Your use of the Services is also subject to our Privacy Notice incorporated into these Terms by reference.
Changes to Eney. We may modify, update, or discontinue any aspect of the Services, including but not limited to features, functionality, pricing, to reflect business, legal, or technical changes. Where required by law, we will provide prior notice of material changes affecting your rights.
Changes to the Terms. We may need to update these Terms to keep pace with changes in Eney, activities, and laws applicable to us and you. Therefore, we reserve the right to make changes or modifications to these Terms in our sole discretion at any time and for any reason. We will, however, always maintain our commitment to respect your privacy. We will notify you of any material changes that impact your rights under these Terms. We recommend that you periodically check these Terms to stay informed of any changes. Please note that your continued use of the Eney after any change means that you agree with and consent to be bound by the new Terms.
Contact details. If you have questions regarding these Terms, please contact us:
MacPaw Way Ltd.
25 Serifou, Allure Center 11, Office No. 11-12, 2nd Floor, 3046 Zakaki, Limassol, Cyprus
[email protected]
Use of Services & Age Restrictions
Account. You don’t need to create an account to use Eney. Instead, you simply authorize access through your existing Setapp account.
Please note: you’re responsible for keeping the information in your Setapp account accurate and complete. You must not share your credentials or allow others to use your account. Any activity that takes place under your account is your responsibility. We cannot and will not be liable for any loss of access, data, or Services arising from forgotten credentials, unauthorized use, or your failure to protect access to your account.
Free-of-charge use. Eney is currently available free of charge. You don’t need to pay anything to use Eney or its Services. If we ever introduce a fee for accessing Eney, we’ll let you know in advance.
Please note: Eney operates through Setapp and using Setapp may require a paid subscription plan.
Use of Eney. Subject to your compliance with these Terms, you may access and use Eney. In using Eney, you must comply with all applicable laws as well as the policies being inserted or mentioned in these Terms. Your use of Eney is at your own risk and responsibility, and you are solely and exclusively responsible for using the Services. We will not be liable for any of your actions done using the Services.
Age restrictions. By using the Services, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the Services only with the approval of your parent or guardian), that you are legally able to enter into this Agreement, and that you have read, understand and agree to be bound by this Agreement.
Use limitations. You may not use Eney for any illegal, harmful, or abusive activity. For example, you are prohibited from:
- Using Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modifying, copying, leasing, selling or distributing any part of Eney or any Services.
- Attempting to or assisting anyone to reverse engineer, decompile or discover the source code or underlying components of Eney or Services, including models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
- Automatically or programmatically extracting data or Output (defined below).
- Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on Eney and Services.
No Medical Use. Eney and Services are not intended for use in the diagnosis or treatment of any health condition. You are responsible for complying with applicable laws for any use of Eney in a medical or healthcare context.
Software. To use Eney and Services you need to download a software application, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licences that we’ve made available to you below.
Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of Eney and our Services may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
Feedback. We appreciate your feedback about Eney and our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you.
Intellectual Property Rights & License
Our Intellectual Property Rights. Unless otherwise indicated, the Services are our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Services (excluding Outputs) (collectively, "Content") including but not limited to the structure, selection, coordination, expression, "look and feel" and arrangement of such Content, and the trademarks, service marks, and logos contained therein ("Marks") are owned or controlled by us or licensed to us, and are protected by law. The Content and the Marks are provided at the Services "AS IS" for your information and personal use only.
Restrictions. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
License. Provided that you are eligible to use the Services, we grant you a revocable, non-exclusive, non-transferable, limited right to install and/or use Eney and Services on wireless electronic devices owned or controlled by you, and to access and/or use Eney and Services on such devices strictly in accordance with these Terms.
AI Models and APIs to third-party AI Services
Our AI Models. MacPaw is in the process of developing our own proprietary local machine learning models and fine-tuning the existing AI Models of third parties; the developments are used in Eney. Please find the description of MacPaws’ models in development below in the table:
Model | Eney Component | Purpose |
o10r-relevance-ranker | Local Engine | Finding and ranking the most relevant items (called “manifests”) based on your search or query. |
mnemos-bge-small-en-v1.5 | Mnemos | Running contextual searches through text-based documents. |
UserInputTagger | Mnemos | Recognizing practical tags in your input — like file paths, file types, or disk locations — to help Eney respond accurately. |
nn_emb_reranker | Backend | Ranking and choosing the best possible action(s) that match your request. |
o10r-llama-parameters-extractor | Local Engine | Understanding your requests more precisely by extracting key details and parameters from your input. |
Third-Party AI Models. Eney incorporates third-party AI models (“Third-Party Models”) that are downloaded and operated within our own infrastructure. These Third-Party Models are subject to their respective licenses and may include open-source or community-licensed models (e.g., LLaMA, Sentence Transformer). We ensure that your data does not leave our systems when processed by these Third-Party Models. However, the behavior of Third-Party Models is not entirely within our control, and we disclaim liability for any inaccuracies or biases in their output.
APIs to Third-Party AI Services. In addition, Eney may interact with external APIs provided by third parties to access AI capabilities (“Third-Party AI APIs”). These include, for example, APIs from OpenAI, Google, or similar service providers. When you use features that rely on these APIs, certain data (e.g., prompts or contextual information) may be transmitted to third-party servers in accordance with their respective Terms of Service and Privacy Policies. We encourage you to review these third-party terms before use - please find the table with the links to such documents below. We do not control how such third-party services process your data and are not responsible for their practices.
Tasks completed by Third-Party Models. To make Eney work smoothly and deliver relevant and helpful results, we use certain Third-Party AI Models within our infrastructure. These models help us with a range of tasks, such as:
- Understanding your requests more precisely by extracting key details and parameters from your input;
- Embedding and indexing Eney manifests so Eney can quickly match your input to the most suitable result;
- Running contextual searches through both text-based documents and image-based content using your prompt.
All these functions happen locally using third-party models we operate on our side — your data doesn’t leave our system for these features.
Tasks completed by Third-Party AI APIs. To deliver intelligent and context-aware responses, some features of Eney rely on Third-Party AI APIs — that is, external AI services provided by trusted third-party vendors. These APIs help us power more advanced functionality that is not processed locally. Specifically, we use them to:
- Ensure your request is safe to handle, by checking for any harmful, abusive, or inappropriate content;
- Pre-process your query by identifying its type, analyzing your previous queries and history, deciding if your history is relevant, and possibly rephrasing it to improve results;
- Understand what you’re trying to do, by converting your query into a format that helps the system find the most suitable actions;
- Extract extra details (parameters) that may be needed to perform the selected action;
- Generate clear, natural-sounding text in response — whether to carry out your request, ask for clarification, or let you know when the system can’t help;
- Provide conversational replies, including casual or “chit-chat” interactions when applicable;
- Review the results of performed actions to determine if they succeeded, whether further steps are needed, and how to present the outcome clearly;
- Help interpret content on your screen, where permitted, by analyzing visible areas to identify useful information;
- Improve search capabilities by generating autocomplete suggestions and example queries similar to your own.
These features depend on external services, and as such, the data you provide may be transmitted to these third-party AI providers for processing. We only share what’s necessary to complete your request and handle your data in accordance with our Privacy Notice and the terms of these providers.
Probabilistic AI nature. We aim to ensure that all AI components are used responsibly and in accordance with applicable legal and ethical standards. However, due to the probabilistic nature of AI, we do not guarantee the accuracy, completeness, or appropriateness of AI-generated content or decisions.
License to transfer Content. By using Eney, you hereby grant a license to MacPaw to transfer, transmit, distribute, or otherwise make available your Content (as defined below in section Content) to such Models, Third-Party AI APIs, and, as applicable, the providers of such Models or APIs. You are responsible for your compliance with the licences of Models and policies of APIs’ providers, and we may suspend or terminate your use of all or part of Eney if we become aware that you are violating any such policy.
Responsibility for Outputs. You acknowledge and agree that MacPaw is not responsible for any output, content, or other materials generated or produced by Models or APIs. Outputs are generated through machine learning processes and are not tested, verified, endorsed, or guaranteed to be accurate, complete, or current. You should independently review and verify all Outputs as to appropriateness for any or all use cases or applications.
Here you can find a list of Models we use in Eney:
Model | Provider | Trains on User Data via API/Model | Open-source licences or Terms |
LlaMA 3.2 | Copyright © Meta Platforms, Inc. All Rights Reserved. | No | Licensed under LLAMA 3.2 COMMUNITY LICENSE AGREEMENT |
multi-qa-MiniLM-L6-cos-v1 | (Sentence Transformer (a.k.a. SBERT) | No | |
MobileCLIP-S2 | Apple Inc. | No | MIT License |
GPT-4o-mini | OpenAI | No | |
gemini-2.0-flash-lite | No | ||
omni-moderation | OpenAI | No | |
o3-mini | OpenAI | No | |
text-embedding-ada-002 | OpenAI | No |
Third-Party Apps’ Integrations
Eney and its Services may work together with third-party apps that are available through Setapp, using technologies like extension kits or similar tools (“Third-Party Apps”). These integrations are designed to help you access additional features or services. Please note that even when you access these Third-Party Apps through Eney, their use is still governed by their own terms of service and privacy policies—not ours. By using them, you agree to comply with those separate rules. We do not control, endorse, or take responsibility for the behavior, features, content, or results provided by any Third-Party App used through Eney.
Currently, Eney integrates with only four Third-Party Apps. We’ve provided links to the terms and conditions for each of them below. We strongly encourage you to review those terms before using Eney, as your use of the Third-Party Apps will be subject to their own rules and policies.
If we add more integrations in the future, we’ll update the list right here in these Terms.
Name of Third Party App | Link to their terms of use |
Downie | |
Permute | |
CleanMyMac | |
ClearVPN |
Content
Your content. You may provide input to Eney (“Input”), and receive output from Eney based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to Eney.
Ownership of Content. As between you and MacPaw, and to the extent permitted by applicable law and terms of Third Party Services, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Similarity of Content. Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from Eney. Our assignment above does not extend to other users’ output or any Third Party Output.
Our use of Content. We can use your Content worldwide to provide, maintain, develop, and improve Eney and our Services, comply with applicable law, enforce our terms and policies and keep our Services safe.
Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve Eney and Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of Eney may in some situations result in Output that does not accurately reflect real mechanisms, tasks, people or facts.
When you use Eney you understand and agree:
- Output may not always be accurate or work properly. You should not rely on Output from Eney as a sole source of truth or factual information, or as a substitute for medical, legal, financial, or other professional advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our Services may provide incomplete, incorrect Output that does not represent MacPaw’s views.
Image and Video Capabilities. Eney can accept images and videos as part of Inputs to the Services (“Visual Capabilities”). You may not use Visual Capabilities to assist in identifying a person nor to solicit or infer private or sensitive information about a person. You may not use Visual Capabilities to reproduce the likeness of any person without express consent and all necessary rights, nor to reproduce the likeness of anyone under 18. By choosing to share an image or video publicly via Eney, you give MacPaw the right to reproduce, distribute, modify, display and perform it for the purpose of operating and promoting Eney.
Your Conduct
All Content shall be free of violent, threatening, vulgar, discriminatory, harassing, illegal, or sexually objectionable content (“Impermissible Content”). You acknowledge and agree not to post any Impermissible Content, not to use Eney for or to further any illegal activity, and to otherwise comply with any policies related to User Content we may implement from time to time. You also acknowledge and agree that nothing in this paragraph limits our rights under section “Term & Termination” of these Terms.
Confidentiality
Definition. For the purposes of these Terms, “Confidential Information” refers to any non-public information relating to Eney that is designated as proprietary or confidential or which, by its nature, is manifestly apparent that it should be regarded as confidential or proprietary, including but not limited to:
- Functionality: features, capabilities, and functionality, which have not been publicly released by MacPaw;
- Feedback: Any your comment, opinion, or evaluation regarding Eney performance, features, or usability;
- Brand attributes: Eney visuals, or any other brand-related materials that are not publicly disclosed;
- Access details: link to Eney application, URLs, credentials, or any other technical information shared with you, enabling access to Eney;
- Visual representations: screenshots, videos, or other depictions of Eney interface or design.
Non-Confidential information. The following information is not considered Confidential Information:
- General references to the existence of Eney;
- The Eney’s name and general acknowledgments of its availability for testing;
- The information which already exists in the public domain and was shared by MacPaw.
Your undertakings. You undertake to take reasonable measures to keep Confidential Information and access thereto confidential, including at least those measures you take to protect your own confidential information of a similar nature. You will not disclose Eney in the public domain, and will keep new features and functionality of Eney confidential until officially released by MacPaw. You may disclose information regarding Eney and the Services to the extent required by law or regulation if you give MacPaw reasonable advance written notice, to the extent permitted, so MacPaw can seek to prevent or limit the disclosure.
You agree that you shall use the same security measures and degree of care that you utilize to protect your own confidential information of a similar nature to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.
Nothing in these Terms grants any intellectual property rights in respect of MacPaw’s Confidential Information. You shall not make use of MacPaw’s Confidential Information, directly or indirectly, in any manner that is competitive to, or would in any way circumvent, compromise, or undermine the rights of MacPaw in its Confidential Information as now or hereafter existing.
Term of confidentiality. The foregoing confidentiality obligation shall apply for so long as the information constitutes Confidential Information.
Consequences of Confidentiality Termination. After the end of the Term of these Terms or on receipt of a written (including by means of electronic communication) request to do so you shall:
- immediately cease to use the Confidential Information; and
- as soon as reasonably practical return to MacPaw or destroy (or in respect of information held electronically permanently delete to the extent technically feasible (without incurring excessive expense)), MacPaw’s Confidential Information and, if requested to do so, issue to MacPaw a written certificate signed by one of its officers confirming such return or destruction.
Remedy. You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the confidentiality obligation set forth in these Terms by such Party. Accordingly, each Party shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the confidentiality obligation set forth in these Terms by the other Party.
Term & Termination
Term. These Terms shall remain in full force and effect until terminated.
Termination by You. You can stop using Eney at any time by simply uninstalling the software from your Mac.
Termination by Us. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, SUSPEND OR DENY USE OF OR ACCESS TO ENEY AND THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
WE MAY TERMINATE, CHANGE, MODIFY OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to notify you before suspending or terminating your access to Eney and Services.
In addition, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
Termination survival. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination shall survive termination.
Governing Law & Jurisdiction
Governing Law. Unless otherwise required by law in your country of residence, these Terms (and any non-contractual dispute/claim arising out of or in connection with them) shall be governed by the laws of the Republic of Cyprus, excluding its conflict of law principles.
Jurisdiction. You and MacPaw further consent to the exclusive jurisdiction of the courts of the Republic of Cyprus for the purpose of settling any dispute, claim, or controversy arising out of or in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection with in connection therewith), except where applicable law allows you to choose to bring legal proceedings in your country of residence, or we are required to bring legal proceedings only in your country of residence.
If You are a Resident of the European Union
Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you have a complaint, please contact us at [email protected]. If you feel your complaint is not adequately addressed, you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Terms, MacPaw does not participate in any alternative dispute resolution scheme.
You may bring any dispute that may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any such a dispute. MacPaw shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.
Furthermore, we have designated the following single point of contact for EU Member States’ authorities, the EU Commission: [email protected]. For this purpose, we accept communications in English and Greek.
Επιπλέον, έχουμε ορίσει το ακόλουθο ενιαίο σημείο επαφής για τις αρχές των κρατών μελών της ΕΕ, την Επιτροπή της ΕΕ: [email protected]. Για το σκοπό αυτό, δεχόμαστε ανακοινώσεις στα αγγλικά και στα ελληνικά.
Class Action Waiver
WHERE PERMITTED BY APPLICABLE LAW, YOU AND MACPAW AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER, BUT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS OR CLASS ACTION. Unless both you and MacPaw agree, no arbitrator or judge may consolidate more than one person's claims or otherwise rule on any form of a collective or class action.
Warranty Disclaimer
This section governs your use of Eney and our Services or features that are considered as for now to be provided on the beta basis. Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations MacPaw may have to you.
ENEY AND SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE ENEY AND SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GENERAL AVAILABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST, ALTERED OR DAMAGED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Limitation Of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third-party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent
General Terms
Changes to Eney and Services. Eney and our Services are novel and will change. We may sometimes add or remove features, increase or decrease capacity limits, offer new Services, or stop offering certain Services.
Assignment. You may not assign or transfer any rights or obligations under these Terms. We may assign or transfer our rights or obligations under these Terms to any affiliate or subsidiary or any successor in interest of any business associated with our Services. If we do, any rights you have as a consumer will not be affected. If you are not satisfied, you have the right to terminate your relationship with MacPaw and stop using our Services at any time.
Enforceability of Terms. If any part of these Terms is determined to be invalid or unenforceable, it will not affect the enforceability of any other part of these Terms.
Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government licence for release or export.
Support and Maintenance. MacPaw will provide technical support to you if necessary. You can contact us anytime via the respective section in Eney or by sending an email to [email protected]. We will do our best to respond to you as quickly as we can.