AI Apps Terms of Service
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
THE SOFTWARE IS PRIMARILY DISTRIBUTED VIA SETAPP AND MAY ALSO BE AVAILABLE THROUGH THE APPLE APP STORE. ALL TERMS RELATED TO SUBSCRIPTIONS, AI+ FUNCTIONALITY, BILLING, CANCELLATIONS, REFUNDS, AND FREE TRIALS ARE GOVERNED BY THE SETAPP TERMS OF USE. SETAPP PRIVACY NOTICE GOVERNS PROCESSING OF YOUR PERSONAL DATA AT THE PLATFORM LEVEL (INCLUDING DATA PROCESSED THROUGH SETAPP AI+ FUNCTIONALITY). CERTAIN SOFTWARE PRODUCTS ARE SUBJECT TO ADDITIONAL PRODUCT-SPECIFIC TERMS OF SERVICE, AVAILABLE HERE, WHICH SUPPLEMENT THESE TERMS. PLEASE REVIEW THESE DOCUMENTS CAREFULLY BEFORE USING THE SOFTWARE.
APPLICABILITY OF TERMS
These AI Apps Terms of Service (the “Terms”) apply to the software applications listed below, as well as any other application, website, service, or digital product that incorporates, links to, or references these Terms (collectively, the “Software”), and the full range of features and capabilities that the Software offers (together referred to herein as the “Services”).
The list of Software these Terms are applicable to is as follows:
- Vexel;
- AgenToDo;
- KeyComposer;
- ImageWiz;
- Hingely;
- BeeRoll.
These Terms also apply to any updates, enhancements, features, content, or functionality made available through the Software, unless separate terms are expressly provided for such offerings.
Your use of the Software is also subject to our Privacy Policy incorporated into these Terms by reference.
ACCEPTANCE OF TERMS
These Terms constitute an agreement between the user (“You”) and MacPaw Way Ltd., registration number 428214, or our affiliates (“MacPaw”, “we” or “us”). You agree to be bound by these Terms any time You use the Software. Therefore, by using the Software, You expressly accept and agree to comply with these Terms. "Use" or "using" means to access, download, install and/or use the Software. If You do not agree to these Terms, do not use the Software. Each time You use the Software, the current version of these Terms will apply.
Certain Software products are subject to additional Product-Specific Terms of Service, available here, which supplement these Terms. These product-specific terms form part of these Terms and should be read together with them. We encourage You to review the applicable Product-Specific Terms of Service before using the relevant Software. In the event of a conflict between these Terms and any applicable Product-Specific Terms of Service, the Product-Specific Terms of Service shall prevail to the extent of that conflict. The Product-Specific Terms of Service currently apply to the following Software:
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We may also modify, update, or discontinue any aspect of the Software or Services, including but not limited to features, functionality, or availability, in line with our business operations, legal obligations, or technical enhancements.
We may need to update these Terms to keep pace with changes in Software, activities, and laws applicable to us and You. We will, however, always maintain our commitment to respect Your privacy. Where required by law, 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 Software after any change means that You agree with, and consent to be bound by, the new Terms.
If You disagree with any changes in these Terms, You will need to stop using the Software.
You can contact us anytime through the contact data provided in these Terms.
THESE TERMS CONTAIN “WARRANTY DISCLAIMER” SECTION, “LIMITATION OF LIABILITY” SECTION, AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION).
Additionally, we continually test various aspects of our Software, including user interfaces, service levels, and features (including AI features). Features may change, be modified, or discontinued at any time, and data processing associated with such features may evolve accordingly. We reserve the right to, and by using our Software, You agree that we may include You in or exclude You from these tests with or without notice.
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
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY NOTICE REFERENCED HEREIN, YOU MUST IMMEDIATELY STOP USING THE SOFTWARE.
USE OF SOFTWARE & AGE RESTRICTIONS
You use the Software at Your own risk and responsibility and are solely and exclusively responsible for the use of the Software. We will not be liable for any of Your actions done using the Software.
The Software is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Those who choose to use the Software from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Software, 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 Software 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.
INTELLECTUAL PROPERTY RIGHTS & LICENSE
Unless otherwise indicated, the Software is our proprietary property, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics at the Software (collectively, the "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 (the "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 Software "AS IS" for Your information and personal use only.
Except as expressly provided in these Terms, no part of the Software 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.
Provided that You are eligible to use the Software, we grant You a revocable, non-exclusive, non-transferable, limited right to install and use the Software on wireless electronic devices owned or controlled by You, and to access and use the Software on such devices strictly in accordance with these Terms.
The license granted to You for the Software is limited to a license to use the application on a device that utilizes the MacOS or iOS operating system and in accordance with the usage rules set forth in these Terms, the SETAPP TERMS OF USE, Apple's usage rules set forth in the Apple Media Services Terms and Conditions if you access the Software through the Apple App Store, and any other rules applicable to you while downloading and using the Software.
AI FEATURES, MODELS, AND SERVICES
AI Features. The Software includes features powered by Artificial Intelligence (“AI Features”). To enable AI Features, the Software incorporates AI Models (“AI Models”) developed and provided by third-party AI model providers (“AI Model Providers”). Further information on the AI Models and how you can use them within the Software is available here.
Certain AI Features of the Software generate audio output (the “Voice Features”). Voice Features are powered by AI Models provided by Respeecher, Inc. (“Respeecher”). In addition to the rest of these Terms, and in particular the “Acceptable Use Policy” paragraph below, the Respeecher Acceptable Use Policy, as amended from time to time, applies to Your use of them.
Availability. AI Features depend on the availability of AI Models and are only accessible on supported devices and in supported countries or regions. As AI Features are essential to the Software, if You are unsure whether Your device supports the required AI Features or whether the AI Features will be available to You, You are responsible for verifying compatibility prior to use. For assistance, please contact our support team at [email protected].
Control. We do not own or control the underlying AI Models. We rely on Apple and other applicable AI Model Providers to maintain the availability, quality, and functionality of those models. MacPaw makes no representations regarding the behavior, accuracy, or continued availability of any specific underlying AI Model.
Acceptable Use Policy. Your use of AI Features is governed by our AI Acceptable Use Policy, which is incorporated into these Terms by reference. By using AI Features, You agree to comply with that policy. We may suspend or terminate Your access to AI Features, or to the Services, if You violate it.
THIRD-PARTY INTEGRATIONS
Software may work together with third-party apps and services. These integrations are designed to help you access Software’s features or services, including AI Features. Please note that even when you access these third-party integrations through Software 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 integration used through Software.
The list of currently available integrations is published here and may be updated from time to time as new integrations are added or existing ones are modified or removed.
USER CONTENT
You may provide input to the Software ("Input"), and receive output from the Software based on the Input ("Output"). Input and Output are collectively referred to as "User Content". You are responsible for User Content, including ensuring that it does not violate these Terms or any applicable law. You represent and warrant that You have all rights, licenses, consents, and permissions needed to provide Input to the Software. You are responsible for any text you type in, or images or other content you upload, as well as the resulting material you generate, such as images, video, text or audio (including music, voice, and sound effects).
Ownership of User Content. As between You and MacPaw, and to the extent permitted by applicable law and the terms of the AI 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 the Output.
Similarity of User 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 the Software. Our assignment above does not extend to other users' output.
Our Use of User Content. User Content is transmitted solely to the AI Model Provider to fulfil your request and is not retained by MacPaw.
Accuracy. Given the probabilistic nature of machine learning, use of the Software may in some situations result in Output that does not accurately reflect real facts. MacPaw is not responsible for any Output generated or produced by the AI Services. Outputs are not tested, verified, endorsed, or guaranteed to be accurate, complete, or current. When You use the Software You understand and agree that:
- You should not rely on Output from the Software as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate Output for accuracy and appropriateness for Your use case, including using human review as appropriate, before using or distributing Output.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person.
- Output generated by the Software may not be unique or exclusive; identical or similar Input may produce varying Output.
- Our Services may provide incomplete or incorrect Output that does not represent MacPaw's views.
- We do not accept any liability or responsibility arising in any way from your use of the Output or any omissions or errors contained in the Output.
Disclosure. If You make available to the public any Output that constitutes a deepfake, or any Output used in text published to inform the public on matters of public interest, You must disclose that it is artificially generated or manipulated, as required by applicable law. If You use Output in an interactive service, You must inform the people interacting with it that they are interacting with an AI system, unless that is obvious from the circumstances.
UPGRADES AND UPDATES
At our sole discretion, we may provide updates, upgrades, or patches ("Updates") to Software to enhance functionality, improve security, or address vulnerabilities without requiring your consent. These Updates may include modifications, enhancements, or the removal of certain features. You agree that such Updates will become part of the Software and be governed by these Terms. We are not obligated to provide any specific Updates, nor to maintain compatibility with previous versions of the Software or with specific operating systems. It is your responsibility to ensure that your device is capable of receiving and installing Updates. If any Update includes paid features, you will be notified. Failure to install Updates may result in limited functionality or reduced effectiveness of the Software. For issues, contact customer support via [email protected].
Please note that major upgrades — such as the introduction of new functionality, modules, substantial feature enhancements etc. — may be subject to additional charges.
USER REPRESENTATIONS
By using the Software, You represent and warrant that:
- You have the legal capacity, and You agree to comply with these Terms;
- You will not access the Software through bots, scripts, scrapers, or other automated means or non-human means, interfere with, overburden, or breach the security of the Software or the Services, introduce malicious code, or otherwise restrict or inhibit anyone’s use or enjoyment of the Services;
- You will not use the Software for any illegal or unauthorized purpose;
- You will not use the Software, its AI features, or AI Models in a way that infringes, violates, or misappropriates any of our rights or the rights of any third party;
- You will not use the Software, its AI features, or AI Models to develop competing software, AI features, or AI models;
- Your will not use the Software or the Output to create, train, fine-tune, or improve any AI or machine learning model; and
- Your use of the Software will not violate any applicable law or regulation.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Software (or any portion thereof).
PAYMENTS & REFUNDS
Setapp. The Software is made available to You through Setapp, a platform for macOS, iPadOS and/or iOS devices that allows You to access and download computer and/or mobile applications. All matters relating to fees, subscription plans, free trials, automatic renewals, cancellations, payments, billing, and refunds (if any) are solely governed by and subject to the Setapp Terms of Use, available at https://setapp.com/terms-of-use, as may be updated from time to time.
By accessing or using the Software through Setapp, You acknowledge that your use and any associated subscription are governed by the Setapp Terms of Use and Setapp Privacy Notice, in addition to this Agreement, and that You have read and agree to be bound by the Setapp Terms of Use.
For any questions or issues relating to billing, payments via Setapp, or Your Setapp use or subscription, please contact Setapp support directly at [email protected] or refer to the resources available at https://setapp.com/.
App Store. If you purchase or download the Software through the Apple App Store, your purchase is subject to Apple's Terms and Conditions and any applicable Apple Media Services Terms of Service, which govern the transaction, including payment, refunds, and related matters. In such cases, Apple's terms take precedence over this Agreement with respect to those matters. Additionally, to the extent of any conflict between these Terms and Apple's applicable terms regarding warranty, maintenance, or support obligations, Apple's terms shall govern solely with respect to such matters as they relate to your acquisition of the Software through the Apple App Store. If you access the Software through the Apple App Store, please note that Apple's Privacy Policy governs the processing of your personal data at the platform level.
For App Store subscriptions, you may manage or cancel your subscription (if any) at any time through your Apple ID account settings. MacPaw does not have the ability to cancel App Store subscriptions or process refunds for purchases made through the App Store — please contact Apple Support for any such requests.
In all cases, this Agreement continues to govern your use of the Software itself, regardless of the platform through which it was obtained.
TERM & TERMINATION
These Terms are effective until terminated by You or by us.
Your rights under these Terms will terminate by us automatically without notice if You fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with Your use of the Services.
Please, take a note that WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR WITHOUT ANY REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. Reasons for such action may include, without limitation, your breach of these Terms, any Product-Specific Terms, or our Acceptable Use Policy, suspected fraudulent or unlawful activity, or any other reason at our sole discretion. You acknowledge and agree that we are not required to notify You before suspending or terminating Your account and/or Your access to the Services.
Upon the termination of these Terms, You shall cease all use and destroy, remove or delete all copies, full or partial, of the Services on Your computer or device and otherwise in Your possession or control. 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
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.
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]. 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.
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
You may have legal rights in Your country of residence which would prohibit the following limitations from applying to You, and where prohibited, they will not apply to You. To find out more about rights, You should contact a local consumer advice organization.
YOU EXPRESSLY AGREE THAT THE SOFTWARE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SOFTWARE, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SOFTWARE, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SOFTWARE WITH PARTICULAR OPERATING SYSTEMS AND THEIR UPDATES, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SOFTWARE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
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 SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE 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, including Respeecher (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 Software, 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.
THIRD-PARTY BENEFICIARIES
When You use Voice Features, Respeecher is an intended third-party beneficiary of the Terms and may enforce them, including the indemnity above, directly against You.
PLATFORM DISCLAIMERS
This section applies to any Software acquired through the Apple App Store or used on an iOS device. Please note that this Agreement is between you and MacPaw only — Apple is not a party to this Agreement and bears no responsibility for the Software, the Services, or their content. For any support needs, please reach out to us directly; Apple has no obligation to provide maintenance or support services in connection with our Services. If the Services fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the applicable purchase price (if any); beyond this, Apple assumes no further warranty obligations with respect to the Services. Any claims arising from your use or possession of the Software — including product liability claims, claims relating to legal or regulatory non-compliance, or claims under consumer protection legislation — are the responsibility of MacPaw, not Apple. Similarly, any third-party claims alleging that the Software or your use thereof infringes intellectual property rights will be addressed by MacPaw, not Apple. By using the Services, you agree to comply with all applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right to enforce this Agreement against you in that capacity.
COMPLETE AGREEMENT AND SEVERABILITY
These Terms constitute the entire agreement between You and MacPaw relating to the use of the Software and supersede all prior or contemporaneous understandings regarding such subject matter. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of these Terms is declared void or unenforceable in a particular situation by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible, the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Software, sending us emails, and completing online forms constitute electronic communications, You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and at the Software, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SOFTWARE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
EXPORT CONTROL AND SANCTIONS
Software may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that You are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, You agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from MacPaw under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
ALLOCATION
MacPaw may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license Your rights under these Terms, to any third party.