Terms and conditions

 

End User License Agreement

(Last Revised: December, 2023)

These End User License Agreement (“EULA”) constitute a legal agreement between the developer and owner of Nicknames with AI (“Company”, “we” or “us”) and the user of our mobile applications (respectively, “User”, “you” and “App”). These EULA governs your usage of the Apps and the Services offered therein (as defined below).

 

Please read this EULA and our Privacy Policy carefully, and make sure you understand and agree with them. By installing the Apps, creating an account, using our Services or subscribing use our paid Services, you hereby represent and warrant you have read, understood, and you agree to be bound by this EULA. If you do not agree to be bound by this EULA, or any part thereof, you should cease all use of the Apps and Services, delete your account and uninstall the App.

 

ACCEPTANCE OF THE EULA: PLEASE READ THESE EULA CAREFULLY BEFORE DOWNLOADING OR USING THE APP AND SERVICES. YOU ACKNOWLEDGE THAT THESE EULA CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. WHEN INSTALLING AND USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE EULA, AS WELL AS TO USE THE APP AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE EULA, OR ANY PART HEREOF, YOU MAY NOT USE THE APP, AND UNINSTALL, WHERE APPLICABLE.

Age Limitation and Eligibility

You hereby represent and warrant that you are at least 16 years old and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement.

Amendments

We reserve the right to periodically amend or revise these EULA, at our discretion. Such amendments shall be effective as of the “Last Revise” heading located at the top of these EULA. We will make a reasonable effort post notification in the event that, at our discretion, the changes made are material. We recommend that you review these EULA periodically as your continued use of the App and Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

App, Services

Depending on the App you choose to install we may offer you various services, such as: picture and video editing, utilities, gaming enhancers, device wallpapers, WhatsApp supported app, notification shade apps and accessibility featured apps, etc. (collectively, the “Services”). The Services are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Services. The Company, at its sole discretion, and subject to this EULA, is entitled to determine the features, settings, pricing, or other tools which are available as a part of the Services or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Services, with or without notice, without incurring any liability to you.

Application Stores Terms And Third-Party Ads

You acknowledge and agree that the availability of the Apps is dependent on the third party from which you have downloaded or install such apps App Store, Google Play, and/or other app stores (each “App Store” and collectively, “App Stores”). You also agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Stores. Certain features within the App are provided by our third-party service providers and are subject to their separate terms and conditions or privacy policies. Further, the Services may contain links to third party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads have separate terms of use and policies and we shall not be liable or responsible for the acts of any of those Third-Party Ads. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads

Content

Through the App you may be permitted to upload, post or otherwise make available certain content including, without limitation, text, images, videos, and audio files (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including combine and integrate User Content generated by more than one user. The User Content, including any materials contained therein, have not been verified or approved by us. Whenever you access or use a feature that allows you to upload or otherwise make available certain User Content through the Services, you must comply with the standards set under this EULA, and Company’s copyright policy available here (“Copyrights Policy”). Our Copyrights Policy provide clear information regarding any User Content which is alleged to infringe the copyright of a third party. If you believe any of the User Content, including any part of any of the Apps, infringes your intellectual property rights owned by you or by any third party on whose behalf you are authorized to act, you may submit a copyright infringement notice as further detailed under the Copyright Policy.

You hereby warrant that you will upload User Content through the App in full compliance with all applicable laws, rules, regulations and policies we make available to you, and you will be liable to us and indemnify us for any breach of that warranty, including any loss or damage we suffer as a result of your breach of warranty.

 

Intellectual Property

Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to install the App and use the Services solely for the purposes set forth herein (“License”). Except as expressly stated under this EULA, we or our licensor retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Services which are not expressly granted herein. You acknowledge that all right and interest in the App’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Management Tools), are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding the Third-Party Advertisement).

Representations, Warranties and Acceptable Use Policy

You hereby warrant that: (i) you are eligible to enter into these EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) you are of legal competence to enter into these EULA and you are at least thirteen (13) years of age; (iii) you have all proper authorization, if you are acting on behalf of a corporation, to enter into these EULA; (iv) you are either the owner or an authorized user of the device in which the App is installed, as well as the Third Party Advertisements’ license used for the Services; (v) you will install the App and use the Services only in accordance with our instructions; (vi) you will use the App and Services in full compliance with all applicable laws, rules and regulations. Except as expressly provided under these EULA, you may not, nor may not enable anyone else to, directly or indirectly : (i) change, modify, edit, create a derivative work of, alter or bypass any feature of the App;(ii) assert any proprietary rights in or to the App, nor remove, amend or impair any notices of proprietary rights; (iii) disable, interfere, or circumvent with security-related features of the App or impair its performance; (iv) use, access or attempt to use or access the App with malicious codes or any automated means, such as scraping, crawling or any robot, spider etc. (v) use the App and Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities; (vi) change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the App.

Disclaimer

THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE APP OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY MANAGEMENT TOOLS OR DUE TO THEIR INTEGRATION THROUGH THE APP. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.

THE APP AND SERVICES ARE DESIGNATED TO PROVIDE SUPPORT AND SUPPLEMENTAL SERVICES TO WELL-KNOWN THIRD-PARTY PLATFORMS AND SOFTWARE. IT IS HEREBY CLARIFIED THAT ANY THIRD-PARTY PLATFORM OR SOFTWARE ARE NOT OWNED, AFFILIATED, ASSOCIATED, AUTHORIZED, OR ENDORSED BY US, AND WE ARE NOT IN ANY WAY OFFICIALLY CONNECTED WITH THESE THIRD-PARTY PLATFORMS AND SOFTWARE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY USE OF OUR APP AND SERVICES IN CONJUNCTION WITH THESE THIRD-PARTY PLATFORMS IS UNDERTAKEN SOLELY AT THEIR OWN DISCRETION AND ENTAILS COMPLIANCE WITH BOTH OUR TERMS, AND THE RESPECTIVE TERMS, POLICIES, AND REGULATIONS OF THE SPECIFIC THIRD-PARTY PLATFORM.

Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Updates, Upgrades and Changes

We reserve the right, at any time, to perform any revisions to the App and the Services, included any change, upgrade or update of any feature available therein (“Revisions”). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with this EULA including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Services, or any Third-Party Ads.

Termination

You may terminate this EULA and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by: (i) simply stopping using the Services and deleting the App; (ii) sending us a request to delete your Account; or (iii) if you subscribed to a plan, you may terminate such Subscription plan in accordance with the Subscription terms as detailed above. We may terminate this EULA, your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you. Upon the expiration or termination of this EULA, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Services. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.

 

Our Privacy Practices

We respect our users’ privacy rights. Please review our Privacy Policy before using the App and Services. Our Privacy Policy is an integral part of these EULA and incorporated herein by reference. We encourage you to periodically review our Privacy Policy.

Dispute Resolution

These EULA shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to these EULA and your use of the App or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these EULA, the App and Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.

Miscellaneous

These EULA constitutes the entire understanding between you and the Company regarding your use of the App and Services. If any part of these EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights in under these EULA. The Company may assign its rights and obligations under these EULA to any third party at its sole and absolute discretion. In no event a failure of the Company to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event the Company shall be deemed in breach of these EULA if the Company is unable to provide the App, the Services or any part thereof.

Contact Information

If you have any questions, please contact us at: apps.devf@gmail.com

 

 

 

 

 

Copyrights

 

COPYRIGHTS POLICY

[Last Update: December 13, 2024]

We at Nicknames with AI, (“we” or “us”) values the intellectual property rights of others and expects Users of our App to do the same. This copyrights policy (“Copyrights Policy”) outlines the copyright protection and enforcement procedures for posting, sharing, or sending any User Content through the App, all as required under applicable law, and specifically the Digital Millennium Copyright Act of 1998 (“DMCA”).
We respect the rights of copyright owners and are committed to promptly addressing copyright infringement claims. By using the App, you agree to abide by this Copyrights Policy. Any capitalized terms not defined herein shall have the meaning ascribed to them in the EULA.

1. User Content

Subject to the terms herein, we allow users to create, share, and upload their own User Content through the App. You acknowledge that we do not review, approve, monitor, endorse, warrant, or make any representations with respect to any User Content. You hereby warrant that you will upload User Content through the App in full compliance with all applicable laws, rules, regulations and policies we make available to you, and you will be liable to us and indemnify us for any breach of that warranty, including any loss or damage we suffer as a result of your breach of warranty.

2. Copyright Infringement

We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of this Copyright Policy. However, not all unauthorized uses of copyrighted content constitute a copyright infringement.
If you believe that any of the User Content available in the App infringes your intellectual property rights in a manner that constitutes a copyright infringement, or of any third party in which you are authorized to act on its behalf, you may submit a DMCA copyright infringement notice to our authorized Agent (“DMCA Notice”). We will respond to your DMCA Notice within a reasonable amount of time.

3. Authorized Agent Information:

You may file your DMCA Notice to our Agent as follows:
By Email: apps.devf@gmail.com

4. DMCA Notice

To file a DMCA Notice, you must provide a written communication to our designated Agent with the following information:

• Which copyrighted work or material that you claim has been infringed, sufficient information to enable us to locate the material, including at a minimum, the location within the App where such material may be found and screenshots of such material. If multiple copyrighted works are covered by this DMCA Notice - please provide a representative list of the applicable copyrighted works.
• Your contact information - name, mailing address, phone number, and email address.
• A statement that you have a good-faith belief that the use of the copyrighted material is not authorized, in the following wording: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• A statement, that the information provided is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf, in the following wording: “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• A physical or electronic signature of a person authorized to act on behalf of the owner of the applicable copyright that has been allegedly infringed.

5. Our Response to DMCA Complaint Notices

Upon receipt of a valid DMCA Notice (with all the information requested and detailed above), we may:

• Remove or disable access to the allegedly infringing content, or take other necessary actions, within a reasonable time;
• Notify the alleged infringer of the complaint, including the nature of the alleged infringement and the complainant’s contact information; and
• Provide the alleged infringer with an opportunity to file a counter-notification. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from its owner, to post and use the material in your Account, you may send a counter-notification containing the same information as specify under section 4 above.

6. Repeat Infringers

In accordance with the DMCA and other applicable laws, and as further set forth in the EULA, we may in appropriate circumstances and at our sole discretion, suspend users from our App if we have a reason to believe they are repeat infringers.

Please note that, the submission of a DMCA Notice will trigger a legal process, and therefore, it is important not to make any false claims. In addition, it is important that you keep in mind that when you submit a DMCA Notice, we are relying on the information provided by you. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright laws applies before you submit the DMCA Notice. Any person who knowingly misrepresents that certain material, content or an activity is infringing, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, any copyright owner, copyright owner’s authorized licensee or us, who was damaged by such misrepresentation. Please remember that there are legal and financial consequences for fraudulent or bad faith submissions. Therefore, before you submit a DMCA Notice, be sure that you are the actual rights’ holder of the content or that you are legally able to represent such rights’ holder and understand the repercussions of submitting a false claim.

privacity

Privacy Policy

Dev F built the apps as an Ad Supported app. This SERVICE is provided by Dev F at no cost and is intended for use as is.

This page is used to inform visitors regarding my policies with the collection, use, and disclosure of Personal Information if anyone decided to use my Service.

If you choose to use my Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that I collect is used for providing and improving the Service. I will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Test Heroico unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Service, I may require you to provide us with certain personally identifiable information. The information that I request will be retained on your device and is not collected by me in any way.

The app does use third party services that may collect information used to identify you. Link to privacy policy of third party service providers used by the app

●     AdMob

●     Firebase Analytics

Log Data

I want to inform you that whenever you use my Service, in a case of an error in the app I collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing my Service, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.

This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

Service Providers

I may employ third-party companies and individuals due to the following reasons:

●     To facilitate our Service;

●     To provide the Service on our behalf;

●     To perform Service-related services; or

●     To assist us in analyzing how our Service is used.

I want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

I value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and I cannot guarantee its absolute security.

Links to Other Sites

This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by me. Therefore, I strongly advise you to review the Privacy Policy of these websites. I have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

I may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about my Privacy Policy, do not hesitate to contact me on: apps.devf@gmail.com