End User License Agreement
Effective Date: January 1, 2025
IMPORTANT: This End User License Agreement ("Agreement") is a legal agreement between you and Aha! ("Licensor", "we", "us", or "our") for the Aha! mobile application ("Licensed Application" or "App"). By downloading, installing, accessing, or using the Licensed Application, you agree to be bound by the terms and conditions of this Agreement.
1. Scope of License
1.1 License Grant. Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
1.2 Restrictions. You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Licensed Application or make the Licensed Application available to any third party
- Copy or use the Licensed Application for any purpose other than as permitted under Section 1.1
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Licensed Application
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Licensor or its affiliates, partners, suppliers or licensors
- Use the Licensed Application in any manner that could damage, disable, overburden, or impair our servers or networks
- Use any robot, spider, scraper, or other automated means to access the Licensed Application
- Attempt to gain unauthorized access to any portion or feature of the Licensed Application
1.3 Ownership. The Licensed Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Licensor.
2. User Accounts and Registration
2.1 Account Creation. Use of certain features of the Licensed Application may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 Account Security. You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2.3 Account Termination. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.
3. Subscription Terms
3.1 Subscription Plans. The Licensed Application offers auto-renewable subscription options:
- Monthly Subscription: $4.99 USD per month
- Annual Subscription: $44.99 USD per year
- Lifetime Access: $149.99 USD one-time purchase
3.2 Subscription Features. Premium subscriptions provide:
- Unlimited deck creation (free tier limited to 1 deck)
- Unlimited card creation (free tier limited to 20 cards total)
- Unlimited AI chat messages (free tier limited to 10 messages per day)
- Access to premium AI models
- Priority support
- Advanced voice synthesis features
3.3 Billing and Renewal. Payment will be charged to your Apple ID account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
3.4 Cancellation. You can manage and cancel your subscriptions by going to your Account Settings on the App Store after purchase. No cancellation of the current subscription is allowed during the active subscription period.
3.5 Price Changes. Prices are subject to change. We will notify you in advance of any price increases. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.
3.6 Free Trial. We may offer a free trial period. If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee.
4. User Content and Conduct
4.1 User Content. You may create, upload, or store content such as custom decks and cards ("User Content"). You retain all rights to your User Content, but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your User Content solely for the purpose of operating and improving the Licensed Application.
4.2 Content Standards. You agree not to create or share User Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Infringes any patent, trademark, copyright, or other intellectual property rights
- Contains viruses or any other computer code designed to interrupt, destroy, or limit functionality
- Violates the privacy or publicity rights of any third party
- Is fraudulent, false, misleading, or deceptive
4.3 Content Removal. We reserve the right to remove any User Content that violates this Agreement or that we determine, in our sole discretion, to be inappropriate.
5. Privacy and Data Collection
5.1 Data Collection. You acknowledge that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services.
5.2 Privacy Policy. Your use of the Licensed Application is also governed by our Privacy Policy, available at https://aha.ymin.dev/privacy.
5.3 Analytics. We may use third-party analytics tools to help us measure traffic and usage trends. These tools collect information sent by your device including the pages you visit and other information that assists us in improving the service.
6. Third-Party Services
6.1 Third-Party Terms. The Licensed Application may enable access to third-party services and websites (collectively and individually, "Third-Party Services"). You agree that we are not responsible for Third-Party Services.
6.2 RevenueCat. We use RevenueCat for subscription management. Your subscription purchases are subject to RevenueCat's terms and conditions.
6.3 OpenAI. Our AI features are powered by OpenAI's technology. Your use of AI features is subject to OpenAI's usage policies.
7. Updates and Maintenance
7.1 Updates. Licensor may from time to time provide enhancements or improvements to the features/functionality of the Licensed Application, which may include patches, bug fixes, updates, upgrades, and other modifications.
7.2 Automatic Updates. Updates may be installed automatically without prior notice. You consent to such automatic updates and agree that the terms of this Agreement will apply to all such updates.
7.3 Maintenance. We reserve the right to temporarily suspend access to the Licensed Application for maintenance, updates, or other changes.
8. Disclaimer of Warranties
THE LICENSED APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
9. Limitation of Liability
9.1 Limitation of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER
9.2 Applicability. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification
You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this Agreement.
11. Export Compliance
The Licensed Application may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not use the Licensed Application in any country or region subject to a U.S. government embargo, and you will comply with all applicable export laws, restrictions, and regulations.
12. U.S. Government Rights
The Licensed Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Licensed Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
13. Termination
13.1 Termination by You. You may terminate this Agreement at any time by deleting the Licensed Application and all copies thereof from your mobile device.
13.2 Termination by Licensor. This Agreement will terminate immediately, without prior notice from Licensor, if you fail to comply with any provision of this Agreement. Licensor may also terminate this Agreement at any time by providing you with notice.
13.3 Effect of Termination. Upon termination:
- All rights granted to you under this Agreement will cease
- You must stop all use of the Licensed Application
- You must delete all copies of the Licensed Application from your device
- All provisions of this Agreement that by their nature should survive termination shall survive termination
14. Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
15. Governing Law
15.1 Governing Law. This Agreement is governed by the laws of the State of California, United States, without regard to its conflict of law provisions.
15.2 Jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the courts in San Francisco County, California, United States, in all disputes arising out of or relating to the use of the Licensed Application.
15.3 International Users. If you are accessing the Licensed Application from the European Union, Asia, or any other region with laws governing data collection and use that differ from U.S. laws, please note that you are transferring your personal information to the United States and you consent to that transfer.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and Licensor regarding your use of the Licensed Application and supersedes all prior and contemporaneous written or oral agreements between you and Licensor.
17. Amendment
17.1 Modifications. Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
17.2 Acceptance of Changes. By continuing to access or use our Licensed Application after any revisions become effective, you agree to be bound by the revised terms.
18. Third-Party Acknowledgments
18.1 Apple Terms. If you are using the Licensed Application on an iOS device, you acknowledge that:
- This Agreement is between you and Licensor only, not with Apple Inc. ("Apple")
- Apple is not responsible for the Licensed Application or its content
- Apple has no obligation to provide maintenance or support services for the Licensed Application
- In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application
- Apple is not responsible for addressing any claims relating to the Licensed Application
- Apple is a third-party beneficiary of this Agreement with the right to enforce this Agreement against you
19. Contact Information
If you have any questions about this Agreement, please contact us at:
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