This End User License Agreement ("EULA") is between you and ZOUTCH DIGITAL PTE. LTD. ("Licensor", "we"), 18 Kaki Bukit Road 3, #05-16, Entrepreneur Business Centre, Singapore 415978, email support@zoutchdigital.digital, phone +84 935 996 567. It applies to the AI Friend chat application (the "App") and works together with our Terms of Service. By installing or using the App, you agree to this EULA. You must be 18 or older to use the App.
1. Licence grant
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the App for your personal, non-commercial use, on devices you own or control, in accordance with this EULA, the Terms of Service and the usage rules of the store you downloaded it from. The App is licensed to you, not sold. This EULA also covers any updates, content, Coins, Pro features and services we provide in or through the App.
2. Restrictions
You must not, and must not help anyone else to:
copy, modify, translate, adapt or create derivative works of the App;
rent, lease, lend, sell, sublicense, distribute or otherwise transfer the App or your licence;
decompile, reverse engineer, disassemble or try to extract the source code, AI prompts or models of the App, except where the law expressly allows it;
remove, hide or change any copyright, trademark or other notices;
bypass, disable or interfere with security, age-assurance, content filters or purchase systems;
use bots, scrapers or automated tools to access the App or collect data from it;
use the App to build a competing product or to train AI models;
use the App in breach of any law, including export-control and sanctions laws, or in breach of the Terms of Service.
3. Apple and Google as third-party beneficiaries
3.1 If you downloaded the App from the Apple App Store:
Acknowledgement. This EULA is between you and ZOUTCH DIGITAL PTE. LTD. only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content.
Scope of licence. Your licence is a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App may also be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing, where available and subject to the 18+ age requirement.
Maintenance and support. We are solely responsible for providing maintenance and support for the App, as stated in this EULA or required by law. Apple has no obligation to provide any maintenance or support for the App.
Warranty. We are solely responsible for any product warranties, whether express or implied by law, that are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses due to a failure to conform to a warranty are our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims under consumer protection, privacy or similar laws, including in connection with the App's use of HealthKit, HomeKit or similar frameworks, if any.
Intellectual property rights. If any third party claims that the App or your possession and use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
Legal compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address. Questions, complaints or claims about the App should be sent to us using the contact details at the top of this EULA.
Third-party terms. You must comply with applicable third-party terms when using the App, such as your mobile carrier's data service agreement.
Third-party beneficiary. You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
3.2 If you downloaded the App from Google Play: your use is also subject to the Google Play Terms of Service. Google LLC is not a party to this EULA and is not responsible for the App or its content. Purchases are processed by Google Play under its payment and refund policies. Where this EULA conflicts with the Google Play Terms of Service regarding your relationship with Google, the Google Play terms prevail.
4. Termination
This EULA is effective until terminated by you or by us. You may end it at any time by deleting your account and uninstalling the App. Your rights under this EULA end automatically, without notice, if you fail to comply with any of its terms or with the Terms of Service, or if we close your account under the Terms of Service. When it ends, you must stop using the App and delete all copies. Sections 2, 5 and the third-party beneficiary terms in Section 3 survive termination.
5. Warranty and liability
5.1 No warranty. To the maximum extent permitted by law, the App is provided "as is" and "as available", with all faults and without warranties of any kind. We do not warrant that the App will meet your needs, operate without interruption or errors, or that AI-generated content will be accurate or appropriate.
5.2 Limitation of liability. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising from your use of or inability to use the App. Our total liability under this EULA will not exceed the greater of the amount you paid for the App and in-app purchases in the 12 months before the claim, or USD 50.
5.3 Your statutory rights. Nothing in this EULA limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence or for fraud, or affects your mandatory rights as a consumer.
5.4 Governing law. This EULA is governed by the laws of the Republic of Singapore, as set out in Section 11 of the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply.