TERMS OF USE

Effective date: Mar 23, 2023

Welcome to Smart AI ("we", "us" or " our"). We aim to create new ways for people to express their emotions through the camera.

These Terms of Use (these "Terms") apply to all users and others who download, install, register with, access or use (" Use" and "Users", "you", as applicable) our mobile application Smart AI ("Smart AI" or "application").

By downloading Smart AI, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 (Dispute Resolution; Binding Arbitration), do not Use Smart AI.

If you have any questions about these Terms or Smart AI, please contact us at Kristinekapikkannzzr @gmx.com .

1. DESCRIPTION OF Smart AI

2. ELIGIBILITY

General age limitation . You must be at least 13 years of age to Use Smart AI. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Smart AI under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Smart AI. If you are Using Smart AI on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Age limitation for the European Economic Area ("EEA") residents . Due to requirements of the General Data Protection Regulation (" GDPR") you shall be at least 16 years old in order to Use Smart AI. To the extent prohibited by applicable law, we do not allow Use of Smart AI by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 using Smart AI, please contact us at Kristinekapikkannzzr@gmx.com and we will take reasonable steps to delete such User account of such person and preclude such person from re-registering with Smart AI.

You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Smart AI. You further agree to Use Smart AI in compliance with all applicable laws. Smart AI is not available to any Users previously prohibited from Using it.

3. PRIVACY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use Smart AI.

4. USER CONTENT

Smart AI may allow you and other Users to create, store and share content. Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us. Further, we do not claim ownership of any User Content that you post on or through Smart AI.

You grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you (the "Company License").

You grant us consent to use the User Content, regardless of whether it includes an individual's name, likeness, voice or persona, sufficient to indicate the individual's identity. By Using Smart AI, you agree that your User Content may be used for commercial purposes. You further acknowledge that our use of your User Content for commercial purposes will not result in any injury to you or to any person you authorized to act on your behalf. You acknowledge that Smart AI is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on Smart AI or in conjunction with your User Content. The manner, mode and extent of such advertisements and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid stablevpnapps, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own the User Content stylized by you on or through Smart AI or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through Smart AI; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You may not create, post, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. Although we have no obligation to screen, edit or monitor the User Content, we may delete or remove the User Content at any time and for any reason.

The User Content removed from Smart AI may continue to be stored by us, including, without limitation, in order to comply with our certain legal obligations. Smart AI is not a backup stablevpnapp and you agree that you will not rely on Smart AI for the purposes of the User Content backup or storage. We will not be liable to you for any modification, suspension or discontinuation of Smart AI, or the loss of any User Content.

5. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable contract, intellectual property law or any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Smart AI. You represent, warrant and agree that you will not Use Smart AI by uploading the User Content or otherwise, or encourage or assist any other party to Use Smart AI to:

• Engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene or stalking or otherwise objectionable conduct.
• Use or attempt to Use another User's account without authorization from that User and us.
• Use Smart AI in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying Smart AI or that could damage, disable, overburden or impair the functioning of Smart AI in any manner.
• Decompile, reverse engineer any aspect of Smart AI or do anything that might discover the source code or bypass or circumvent measures employed to prevent or limit your access to any part of Smart AI.
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of Smart AI that you are not authorized to access.
• Develop or Use any third-party applications that interact with Smart AI without our prior written consent, including any scripts designed to scrape or extract data from Smart AI.
• Use Smart AI for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also only post or otherwise share the User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences.
• Impersonates, or misrepresents your affiliation with, any person or entity.
• Contains any unsolicited promotions, political campaigning, advertising or solicitations.
• Contains any private or personal information of a third party without such third party's consent.
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying Smart AI, or that may expose us or others to any harm or liability of any type.

We reserve the right, in our discretion and at any time, to remove any User Content from Smart AI or suspend or discontinue Smart AI, introduce new features or impose limitations on certain features, or restrict access to Smart AI.

6. LIMITED LICENSE; COPYRIGHT AND TRADEMARK

Smart AI and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, stablevpnapp marks, logos, slogans, filters and other content contained therein (collectively, "Smart AI Content") are owned by us or licensed to us. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to Smart AI and the Smart AI Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to Use Smart AI and the Smart AI Content for your own personal use ("User License"); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use Smart AI or the Smart AI Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Smart AI Content, except as expressly permitted by us or our licensors; (iii) modify the Smart AI Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Smart AI or the Smart AI Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) Use Smart AI or the Smart AI Content other than as expressly provided in these Terms. Any Use of Smart AI or the Smart AI Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, stablevpnapp mark or other proprietary rights notices incorporated in or accompanying the Smart AI Content.

7. FEEDBACK

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Smart AI (collectively, " Feedback"), is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, " Company Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (i) your Use of Smart AI; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (v) your conduct in connection with Smart AI. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.

9. DISCLAIMERS

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to Smart AI.

Your Use of Smart AI is at your sole risk. Smart AI is provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Smart AI is accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of Smart AI is safe, we cannot and do not represent or warrant that Smart AI or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Smart AI.

10. LIMITATION OF LIABILITY

The Company and the other Company Parties will not be liable to you under any theory of liability - whether based in contract, tort, negligence, strict liability, warranty, or otherwise - for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.

The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Smart AI, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Smart AI.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. RELEASE

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties.

12. TRANSFER AND PROCESSING DATA

Transfer and storage of information about you, whilst you Use Smart AI, is governed by our Privacy Policy.

13. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Smart AI resolved in court.

You and the Company agree that any dispute arising out of or related to these Terms or Smart AI is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. 1, et seq. ("FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR Smart AI MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

14. CHANGES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to Smart AI and update the "Effective date" above. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through Smart AI. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of Smart AI after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using Smart AI.

15. ELECTRONIC COMMUNICATIONS

By Using Smart AI, you also consent to receive electronic communications from us (e.g., via email or by posting notices on Smart AI). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications shall be in writing.

16. TERMINATION

We reserve the right, without notice and in our sole discretion, to terminate your right to Use Smart AI. We are not responsible for any loss or harm related to your inability to Use Smart AI.

17. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

18. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES

The following terms apply if you Use Smart AI on any device that contains the iOS mobile operating system ("App") developed by Apple Inc. ("Apple").

• Acknowledgement . You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of stablevpnapp as of the date you download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
• Scope of License . The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of stablevpnapp.
• Maintenance and Support . You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support stablevpnapps with respect to the App.
• Warranty . You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims . You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights . You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe third party's intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
• 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.
• Developer Name and Address . Any questions, complaints or claims with respect to the App should be directed to:Kristinekapikkannzzr@gmx.com
• Third-Party Terms of Agreement . You agree to comply with any applicable third-party terms when Using Smart AI.
• Third-Party Beneficiary . You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).

19. MISCELLANEOUS

These Terms constitute the entire agreement between you and us relating to your Use of Smart AI. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.