End User License Agreement

Last updated: December 20, 2024

This End User License Agreement ("Agreement") is between you and Duilio ("Licensor") and governs your use of the Duilio application ("Licensed Application").

1. Scope of License

Licensor grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download, install, and use the Licensed Application on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions
  • Use the Licensed Application for personal or commercial development purposes

2. Restrictions

You may not:

  • Copy, modify, or distribute the Licensed Application
  • Reverse engineer, disassemble, or decompile the Licensed Application
  • Rent, lease, lend, sell, or sublicense the Licensed Application
  • Use the Licensed Application for any unlawful purpose
  • Remove any proprietary notices from the Licensed Application

3. Ownership

The Licensed Application and all copies thereof are proprietary to Licensor and title thereto remains exclusively with Licensor. All rights in the Licensed Application not specifically granted in this Agreement are reserved to Licensor.

4. Your Content

You retain all rights to your code, files, and content. The Licensed Application does not transfer ownership of your content to us. Your code stays on your devices.

5. Third-Party Terms

You must comply with applicable third-party terms of agreement when using the Licensed Application. This includes terms from LLM API providers whose services you choose to use with the Licensed Application.

6. Maintenance and Support

Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application. Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application.

7. Warranty Disclaimer

THE LICENSED APPLICATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE LICENSED APPLICATION. LICENSOR'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE PAST 12 MONTHS.

9. Product Claims

Licensor, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

10. Intellectual Property Rights

Licensor, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the Licensed Application.

11. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

13. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies.

14. Contact

For questions about this Agreement, please contact: info@duilio.cloud