End User License Agreement (EULA)

Dracorex AI Chat Manager

Effective Date: [Insert Date]

This End User License Agreement ("Agreement" or "EULA") governs your use of the Dracorex AI Chat Manager application ("App," "Application," or "Licensed Application"). Please read it carefully.

By downloading, installing, or using the Application, you agree to be bound by this Agreement, Apple's Standard Licensed Application End User License Agreement (Standard EULA), and any applicable third-party terms.

1. License Grant

1.1 License Scope

• The Application is licensed, not sold, to you.

• Subject to this Agreement and Apple's Standard EULA, you are granted a limited, non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded devices you own or control in accordance with Apple's Usage Rules.

• All rights not expressly granted are reserved by the developer ("Licensor").

2. Restrictions

You agree not to:

• Copy, reverse engineer, disassemble, decompile, attempt to derive the source code of, modify, or create derivative works of the Application or its updates, except as expressly permitted by law.

• Distribute, sublicense, rent, lease, or make the Application available over a network for simultaneous use by multiple devices.

• Circumvent any technical restrictions or protections in the Application.

• Remove, alter, or obscure any proprietary notices, labels, or marks on the Application.

• Use the Application for any unlawful purpose or in violation of any applicable laws or regulations.

3. Use of LLM Models

3.1 Pre-Included Models

• The Application comes with pre-included LLM models (including models licensed by third parties such as Google's Gemma) with fixed prompts and configurations.

• These models are licensed to you solely for use within the Application and may not be extracted or used separately.

3.2 User-Uploaded Models

• Users may purchase a subscription to upload additional LLM models or connect to third-party hosted LLMs.

• Any LLM models you upload are used solely for the functioning of the Application on your device.

• The developer does not claim ownership of, access, store, or distribute your uploaded models.

• You represent and warrant that you have all necessary rights and licenses to upload and use any models you add to the Application.

• Uploaded models and third-party hosted LLMs are governed by their own licenses, terms, and privacy policies.

4. Disclaimer of Liability for LLM Outputs

4.1 No Warranty of Accuracy

• You acknowledge and agree that outputs generated by the Application's LLM models (whether pre-included, uploaded, or accessed via third-party services) may be inaccurate, incomplete, outdated, misleading, offensive, or harmful.

• LLM outputs are probabilistic and may contain errors, biases, or inappropriate content.

• The developer makes no guarantees, representations, or warranties as to the accuracy, reliability, completeness, or usefulness of any outputs.

4.2 User Responsibility

• You agree that you are solely responsible for:

  • Evaluating the accuracy and appropriateness of LLM outputs before relying on them

  • Any actions taken or decisions made in reliance on LLM outputs

  • Any consequences arising from your use of LLM-generated content

• The developer strongly recommends verifying important information from authoritative sources before taking action.

4.3 Limitation of Liability

• The developer disclaims all liability for any consequences of following, relying on, or using the Application's LLM-generated content.

• This includes but is not limited to: financial losses, personal injury, property damage, business interruption, reputational harm, or any other damages.

5. Third-Party Services and Affiliate Links

5.1 Services Included

The Application enables access to and interaction with third-party services, including but not limited to:

• Amazon (via affiliate links for shopping and product search)

• Expedia (via affiliate links and integrated search widget for travel search and booking)

• Third-party hosted LLM providers (if you choose to connect them)

5.2 Affiliate Relationships

• The Application uses affiliate links for Amazon and Expedia. When you make purchases or bookings through these links, the developer may receive compensation.

• Affiliate links do not affect the prices you pay.

• By using these features, you acknowledge that Amazon and Expedia may track your activity to credit referrals to the Application.

5.3 Third-Party Data Collection and Tracking

• You acknowledge and agree that when you interact with third-party services through the Application (including clicking affiliate links or using the Expedia search widget), those third parties may:

  • Collect personal information including but not limited to: browsing behavior, search queries, purchase history, booking data, location data, IP addresses, and device identifiers

  • Use cookies, pixels, SDKs, and other tracking technologies

  • Track your activity across other apps and websites

  • Share data with their own partners and advertisers

  • Use collected data for their own purposes including advertising, analytics, and service improvement

• This data collection is controlled by the third-party services and is subject to their privacy policies and terms of service, not this Agreement.

5.4 Third-Party Terms and Policies

• Your use of third-party services is governed by their respective terms of service and privacy policies, which you agree to by using those services:

  • Amazon: https://www.amazon.com/conditionsofuse and https://www.amazon.com/privacy

  • Expedia: https://www.expedia.com/p/support/terms-and-conditions and https://www.expedia.com/p/support/privacy

  • Other third-party services: refer to their respective websites

• You are responsible for reviewing and complying with all applicable third-party terms and policies.

5.5 Developer Disclaimers Regarding Third Parties

• You agree to use third-party services at your sole risk.

• The developer:

  • Has no control over third-party services, their content, operations, or data practices

  • Does not endorse or make any representations about third-party services

  • Is not responsible for the accuracy, legality, reliability, availability, or quality of third-party services or content

  • Is not liable for any damages arising from your use of third-party services

  • Cannot guarantee that third-party services will be available, uninterrupted, secure, or error-free

5.6 No Agency Relationship

• The developer's relationship with Amazon, Expedia, and other third-party services is limited to affiliate or referral arrangements.

• The developer is not an agent, employee, or representative of these third parties.

6. Data & Privacy

6.1 Developer Data Practices

• The Application does not host your data on developer-controlled servers.

• All processing happens locally on your device.

• Technical data (e.g., device type, usage information) may be collected by Apple or the Application as necessary to provide updates, subscriptions, or support.

6.2 Third-Party Data Practices

• When you use third-party features (affiliate links, Expedia widget, external LLM services), those third parties may collect data directly from you according to their own privacy policies.

• The developer does not control and is not responsible for third-party data practices.

6.3 Privacy Policy

• For complete information about data handling, please review the Application's Privacy Policy, available at [insert URL or "within the Application"].

• The Privacy Policy is incorporated into this Agreement by reference.

7. Subscriptions and In-App Purchases

7.1 Subscription Features

• Certain features of the Application (such as uploading custom LLM models or connecting to third-party LLM services) require a paid subscription.

• Subscriptions are managed through your Apple ID and App Store account.

7.2 Payment and Renewal

• Subscription fees are charged to your Apple ID account at confirmation of purchase.

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period.

• You can manage or cancel subscriptions in your App Store account settings.

7.3 Refunds

• Refund requests are subject to Apple's refund policies.

• The developer has no control over Apple's refund decisions.

8. Termination

8.1 Termination by Developer

• Your rights under this Agreement terminate automatically if you fail to comply with any of its terms.

• The developer may terminate or suspend your access to the Application at any time, with or without notice, for any reason including violation of this Agreement.

8.2 Effect of Termination

• Upon termination, you must immediately cease all use of the Application and delete all copies from your devices.

• Provisions of this Agreement that by their nature should survive termination will remain in effect, including disclaimers, limitations of liability, and dispute resolution terms.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Application is provided "AS IS" and "AS AVAILABLE", with all faults and without warranties of any kind, either express, implied, or statutory.

• The developer and its licensors expressly disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement

  • Warranties that the Application will meet your requirements or expectations

  • Warranties that the Application will be uninterrupted, timely, secure, or error-free

  • Warranties regarding the accuracy, reliability, or quality of any content, information, or outputs

  • Warranties that defects will be corrected

• No oral or written information or advice given by the developer or its representatives shall create any warranty.

• Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW:

10.1 Exclusion of Damages

• In no event shall the developer, its affiliates, licensors, or suppliers be liable for:

  • Personal injury, death, or property damage

  • Any indirect, incidental, special, consequential, exemplary, or punitive damages

  • Loss of profits, revenue, data, goodwill, or business opportunities

  • Business interruption or lost savings

  • Cost of substitute goods or services

  • Damages arising from your use of or inability to use the Application

  • Damages arising from third-party services, content, or conduct

  • Damages arising from LLM outputs or reliance thereon

  • Damages arising from unauthorized access to your data or device

10.2 Cap on Liability

• In no event shall the developer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00) USD.

10.3 Applicability

• These limitations apply:

  • Whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory

  • Even if the developer has been advised of the possibility of such damages

  • Even if any remedy fails of its essential purpose

• Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless the developer, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Application

• Your violation of this Agreement

• Your violation of any third-party rights, including privacy rights or intellectual property rights

• Your violation of any applicable laws or regulations

• Any content or data you upload to the Application

• Any actions taken in reliance on LLM outputs

12. Export Compliance and Legal Compliance

12.1 Export Control

• You may not use or export the Application except as authorized by U.S. law and the laws of the jurisdiction where it was obtained.

• By using the Application, you represent and warrant that:

  • You are not located in any country subject to U.S. government embargo or designated as a "terrorist supporting" country

  • You are not listed on any U.S. government list of prohibited or restricted parties

12.2 General Compliance

• You agree to use the Application in compliance with all applicable local, state, national, and international laws and regulations.

13. U.S. Government Users

The Application and related documentation are "Commercial Items" as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. The Application is licensed to U.S. Government end users only with those rights granted to all other end users, consistent with this Agreement.

14. Governing Law and Dispute Resolution

14.1 Governing Law

• Except as otherwise required by Apple's Standard EULA or applicable law:

• This Agreement is governed by the laws of the State of California, United States, excluding its conflicts of law rules.

• The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Jurisdiction

• You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any disputes arising from this Agreement or your use of the Application.

14.3 Class Action Waiver

• To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Incorporation of Apple's Standard EULA

• This Agreement incorporates and supplements Apple's Standard Licensed Application End User License Agreement (Standard EULA), available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

• In case of conflict between this Agreement and Apple's Standard EULA, the terms of this Agreement apply to the extent they do not reduce protections or rights granted to you by the Standard EULA.

• Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple has the right to enforce this Agreement against you.

16. General Provisions

16.1 Entire Agreement

• This Agreement, together with the Privacy Policy and Apple's Standard EULA, constitutes the entire agreement between you and the developer regarding the Application.

16.2 Severability

• If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

• The developer's failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

16.4 Assignment

• You may not assign or transfer this Agreement or any rights granted hereunder without the developer's prior written consent.

• The developer may assign this Agreement without restriction.

16.5 Updates to Agreement

• The developer reserves the right to modify this Agreement at any time.

• Updated terms will be posted in the Application or App Store.

• Your continued use of the Application after changes constitutes acceptance of the modified Agreement.

17. Contact Information

If you have questions about this Agreement, please contact us at:

[Your Contact Email]
[Optional: Company Name]
[Optional: Mailing Address]

Acknowledgment: By using the Application, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Last Updated: [Insert Date]