Terms Of Use

Last updated: April 28, 2023

Please read these Terms of Use ("Terms") carefully before using the Herdi mobile application (the "App") operated by AugAI ("us," "we," or "our").

Your access to and use of the App is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the App. By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the App.

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on devices that you own or control and as permitted by the applicable platform terms and conditions.

Restrictions

You agree not to, and you will not permit others to:

(a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.

(b) Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the App.

(c) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of [App Developer Name] or its affiliates, partners, or suppliers.

Intellectual Property

The App, its features, and its content, including text, graphics, logos, images, and software, are and will remain the exclusive property of [App Developer Name] and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

[App Developer Name], its subsidiaries, affiliates, and licensors do not warrant that a) the App will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless AugAI, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [State, Country], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [State, Country], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

4. User Content

You are solely responsible for any content, including text, images, or other materials, that you create or submit while using the App ("User Content"). By submitting User Content, you represent and warrant that you have the right to submit the User Content and that it does not violate any third-party rights, including but not limited to copyright, trademark, or other intellectual property rights. You retain ownership of your User Content, but by submitting it, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and our business.

Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease.

Limitation of Liability

In no event shall [App Developer Name], its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Disclaimer

Your use of the App isat your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

[App Developer Name], its subsidiaries, affiliates, and licensors do not warrant that a) the App will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the App is free of viruses or other harmful components; or d) the results of using the App will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless [App Developer Name], its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, or your violation of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [State, Country], without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [State, Country], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

Contact Us

If you have any questions or concerns about these Terms, please contact us at jason@augapp.co.