We strongly recommend that you review these Eney Terms of Service (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 pre-release version of the product.
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.

Preamble

Eney is an AI-powered assistant which exists to simplify your interactions with different services 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 and/or iPhone by combining human-like intelligence with proactive task completion, benefiting creators who rely on their Mac and/or iPhone devices and struggle with digital task management complexity.

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. Please, take a note, that some skills are based on external integrations. We cannot guarantee continuous availability, accuracy, or performance of such external integrations, which can influence the work of Eney’s skills. By using the Services, you acknowledge and agree that we are not liable for any interruptions, errors, or downtime caused by external providers of such external integrations.

Eney is an AI system that operates by integrating and building upon AI models and APIs to third-party AI Services (see the section on AI Models and APIs to third-party AI Services for more details).

Acceptance of Eney Terms of Service

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 https://eney.ai (the “Site”), Eney (MacOS/iOS) or Services. Therefore, by using Eney or the Site, you expressly accept and agree to comply with these Terms. "Use" or "using" means to access the Site; download, install, access and/or use Eney application (MacOS, iOS) and Services. If you do not agree to these Terms, please immediately leave and do not use the Site, or do not use Eney. Each time you use Eney, or access the Site, the current version of these Terms will apply. You can review these Terms anytime on the Site.

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, Setapp, 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, available on the Site, 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, Subscription Options & Credits 

Account. To access Eney, you may need a registered Setapp account. Access to Eney may be authorized via your Setapp account credentials. Therefore, before using Eney, please also review the Setapp Terms of Use and the policies therein.

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.

Scope and Platforms. Eney is available as a free download and may be offered across macOS and/or iOS platforms, depending on your device and the plan you use. Certain features, skills, integrations, AI models, and functionality may vary across platforms, devices, operating systems, and versions of Eney.

Free Download and Trial. Eney is free to download. When you first activate Eney, you receive a trial that ends on the earlier of: (a) 14 (fourteen) calendar days after activation; or (b) the consumption of 10,000 (ten thousand) Credits (the “Trial”). One Trial is available per user and per Setapp account. We may refuse or end a Trial if we reasonably suspect abuse, such as the use of multiple accounts to obtain additional Trials.

Continued Use After the Trial. After the Trial ends, using AI-powered features and other features that consume Credits requires a sufficient Credit balance. You can obtain Credits by either of the following:

• Monthly Subscription: a recurring monthly subscription plan that includes a periodic allotment of Credits, at the price shown at the time of subscribing; or
• One-Time Credit Purchase or Non-Recuring One Time Subscription: a one-off purchase of or non-recurring subscription to an additional 12-months Credit package (a “top-up”), at the price shown at the time of purchase.

The price, the number of Credits, and the renewal terms (for recurring plans) are shown on the pricing page before you complete the purchase.

Credits. “Credits” means the units used to access AI functionality, as defined in the Setapp Terms of Use. Credits are issued, held, and managed by Setapp, not within Eney. As provided in the Setapp Terms of Use, and unless mandatory law provides otherwise:

• Credits included in a subscription are allocated per billing period, expire at the end of that period if unused, and do not roll over;
• Credits purchased or subscribed for as a one-time top-up expire twelve (12) months after the date of purchase if unused;
• Credits have no cash or monetary value, are non-transferable, and are non-redeemable for cash or any other value; and
• Credits are not e-money, a deposit, or a stored-value account.

For purchases on iOS: Credits purchased via in-app purchase are subject to the same rules, and are added to your Credit balance as described in the purchase screen.

Having an insufficient Credit balance to use a feature is not a defect or failure of Eney or Setapp.

Credit Consumption and AI Models. The number of Credits consumed per request or task depends on the complexity of the task, the AI model used, and the volume of data (such as AI tokens) processed. The current list of supported AI models in Setapp is available here and here. Setapp may change the rate of Credit consumption for specific models or features, or change the models used, to reflect changes in underlying provider costs, operational expenses, or model updates. Such changes apply only to future usage. Setapp will notify you in advance before any material change that increases the Credit cost of a feature takes effect. If a change materially worsens the terms of your subscription, you may cancel it in accordance with the Setapp Terms of Use or Apple’s terms, for iOS purchases. We do not guarantee the continued availability of any specific third-party AI model.

Billing, Cancellation, and Refunds.

(a) Purchases via Setapp. Subscriptions and Credit purchases made via the Setapp marketplace are processed by Setapp and are governed by the Setapp Terms of Use and the Setapp Refund Policy. These govern pricing, taxes, automatic renewal, cancellation, withdrawal rights, and refunds. Please contact Setapp Support ([email protected]) for any billing questions or payment issues.

Please note - purchases made from the Mac App Store, App Store or any other platform (if available) and retail stores (if available) are subject to those stores' refund policies.

(b) Purchases on iOS. Subscriptions and Credit purchases made within Eney on iOS are processed by Apple as in-app purchases. They are governed by Apple Media Services Terms and Conditions and other applicable Apple’s policies, including those on billing, subscription management, cancellation, and refunds. Refund requests for such purchases must be submitted to Apple.

(c) Other stores. Purchases made through the Mac App Store, other app stores, or retail stores (if available) are subject to those stores’ terms and refund policies.

(d) Statutory rights. Nothing in these Terms limits any mandatory consumer rights you may have under applicable law, including any right of withdrawal.

(e) Precedence. In the event of a conflict between these Terms and the Setapp Terms of Use regarding Credits, billing, or refunds for purchases made via Setapp, the Setapp Terms of Use prevail.

Existing Subscribers. If you subscribed to Eney under the earlier subscription terms (including Setapp as a standalone subscription “Single App” subscription terms), those terms continue to apply until the end of your current paid period. If anything changes are planned - We will notify you in advance before it takes effect.

Use of Eney. Subject to your compliance with these Terms, you may access and use Eney. In using Eney, you must comply with the policies being inserted or mentioned in these Terms as well as all applicable laws, including, without limitation, data protection law, which for the avoidance of doubt, includes law on recording and monitoring of personal data (“Recording Laws”). 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.

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 Eney, Services or Site, if You violate it.

Use limitations. You may not use Eney for any illegal, harmful, or abusive activity. For example, you are prohibited from:

• Using Eney, Services (including AI features, AI Models etc), Site in a way that infringes, misappropriates or violates anyone’s rights; .for any illegal or unauthorized purpose.
• Accessing Eney or Site through bots, scripts, scrapers, or other automated means or non-human means, interfere with, overburden, or breach the security of the Eney, Site or the Services, introduce malicious code, or otherwise restrict or inhibit anyone’s use or enjoyment of the Eney, Services or Site.
• Modifying, adapting, copying, translating, leasing, selling, creating derivative works, or distributing any part of Eney or any Services.

• Attempting to or assisting anyone to discover, reverse engineer, decompile, disassemble, modify, copy, adapt, or create derivative works of the source code or underlying components of Eney or Services, including models, algorithms, integrations, or systems (except to the extent this restriction is prohibited by applicable law).
• Using Eney, its AI features, or AI Models to develop competing software, AI features, or develop, train, fine-tune, or improve any AI models.
• 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.
• Using Eney, Services or Site in violation of our AI Acceptable Use Policy.

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. While this application may update automatically, it is not guaranteed; you may occasionally need to check for updates and manually re-download 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.

Updates and Upgrades. At our sole discretion, we may provide updates, upgrades, or patches ("Updates") to Eney or Services 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 Eney or Services, and be governed by these Terms. We are not obligated to provide any specific Updates, nor to maintain compatibility with previous versions of Eney 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 Eney or Services. 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.

Third party Services. Our services may include third party software, products, or services (“Third Party Services”). Some parts of Eney and our Services may include output from those services, or the output can be generated on the basis of Third Party Services or information/сontent from the Third Party Services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. We expressly disclaim ownership of any information/content retrieved through Third Party Services, which is processed by Eney exclusively to generate context for user queries. Please be aware that the availability of Third Party Services and Third Party Output in Eney is dependent on Third Party Services, and is subject to their uptime and terms. We shall not be held liable for any service interruptions, access restrictions, or modifications to API terms by such Third Party Services. However, in the event of such disruptions, we will endeavor to work diligently to reinstate the Eney’s full functionality.

Feedback. We appreciate your feedback about Eney, Site and our Services, but you agree that we may use it to provide, maintain, develop, and improve our Services, without compensation to you. You can leave your feedback via the feedback section within Eney, or by sending us the email via [email protected].

Age Restrictions

By using Eney, the Services, accessing or using the Site, 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, accessing or using the Site 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

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 during the subscription period and fixed by the subscription conditions.

AI Models and APIs to third-party AI Services

Third-Party AI Models. Eney may incorporate 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 . 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. 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 here. We do not control how such third-party services process your data and are not responsible for their practices.

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 Third-Party 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 Third-Party AI Models and APIs to Third-Party AI Services we use in Eney.

Third-Party Integrations

Eney and its Services may work together with third-party apps, integrations, content, and services, using technologies like Model Context Protocol, or similar tools(“Third-Party Integrations”). These integrations are designed to help you access additional features or services. Please note that even when you access these Third-Party Integrations through Eney, their use is still governed by their own terms of service and privacy policies—not ours. We strongly encourage you to review those documents before using Eney. By using them, you agree to comply with those separate rules. 

When you use a Third-Party Integration, Eney may share your content, prompts, or other data with that integration, and the integration may act on your behalf (for example, access, retrieve, or modify information in a connected service). You are responsible for the integrations you choose to connect and the permissions you grant to them. Third-Party Integrations may be changed, become subject to fees, or be discontinued by their providers or by us at any time.

We do not control, endorse, or take responsibility for the behavior, features, content, or results provided by any Third-Party Integration used through Eney, and we make no representations or warranties regarding them. To the maximum extent permitted by applicable law, we are not liable for any loss or damage arising from your use of Third-Party Integrations, which you use at your own risk. Nothing in this section limits our responsibility for our own obligations under these Terms and the Privacy Notice, or any rights you have under mandatory law.

You can review the current list of Third-Party Integrations in our Privacy Notice (Section V. Third-Party Apps’ Integrations and Service Providers). If we add more integrations in the future, we may update the list.

Content

Your content. You may provide input to Eney, including voice recordings, audio recordings, data, text, photographs, and other materials (“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 these Terms or any applicable law, including, without limitation, all applicable Recording Laws . You represent and warrant that you have all rights, licences, consents and permissions needed to provide Input to Eney. You are responsible for (a) providing clear and adequate notice to any third party that their data or information is included in the Input and (b) for receiving third party’s clear consent to include their information or data in the Input.

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, Site 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 distributing 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.
• Output generated by Eney may not be unique or exclusive; identical or similar Input may produce varying Output.
  
• Eney and our Services may provide incomplete, 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.

Image, Sound and Video Capabilities. Eney can accept images, sounds and videos as part of Inputs to the Services (“Visual and Audio Capabilities”). You may not use Visual and Audio Capabilities to assist in identifying a person nor to solicit or infer private or sensitive information about a person. You may not use Visual and Audio 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, sound 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.

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.

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, including our AI Acceptable Use Policy. You also acknowledge and agree that nothing in this paragraph limits our rights under section “Term & Termination” of these Terms.

Term & Termination

Term. These Terms shall remain in full force and effect until terminated.

Termination by You. You may stop using Eney at any time by deleting your Setapp account or canceling your subscription (if any) through your Setapp account settings.

Please note: uninstalling Eney from your device does not cancel your subscription or stop any charges. You must cancel via your Setapp account settings to avoid further billing.

Termination 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 or any document incorporated herein, and or otherwise fail to pay the fees and charges, if any, payable to us and associated with Your use of the Eney or Services.

Please, take a note that WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE OR LIABILITY, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE, 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 PROVISION OF THESE TERMS, INCLUDING ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE POLICY, 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.

Upon the termination of these Terms, You shall cease all use and destroy, remove or delete all copies, full or partial, of Eney or 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.

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]. 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

ENEY, SITE 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, SITE AND SERVICES, AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY KIND INCLUDING INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ACCURACY, ERRORS, OR OMISSIONS IN ENEY,SITE AND SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE ENEY,SITE AND SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF ENEY,SITE AND SERVICES WITH PARTICULAR OPERATION 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 ENEY,SITE AND SERVICES 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. ENEY,SITE AND SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

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 Eney, Site or Services, or your breach of these Terms or applicable law, including Recording Laws. 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.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using Eney, Services, Site, 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, Site and at Eney, 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.

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, by sending an email to [email protected] or by simply typing the respective query as an Input. We will do our best to respond to you as quickly as we can.

Platform Disclaimers. This section applies to Eney iOS 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 Eney, 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 Eney 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 Eney, Services, Site, 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.